HomeMy WebLinkAbout063967 - General - Contract - Wildernex LLC (2)CSC No. 63967
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VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized representative, and WILDERNEX LLC ("Vendor"), a Texas limited liability
company and acting by and through its duly authorized representative, each individually referred to as a
"party" and collectively referred to as the "parties."
1. Scope of Services. Wildlife removal and dam deconstruction ("Services"), which are set
forth in more detail in Exhibit A, attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is far one year, beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier
in accardance with this Agreement ("Initial Term"). The City will have the option, in its sole discretion, to
renew this Agreement under the same terms and conditions, for up to two one-year renewal option(s) (each
a "Renewal Term").
3.
4.
Compensation.
3.1 Total compensation under this Agreement will not exceed fifty thousand dollars
and zero cents ($50,000.00).
3.2 The City will pay Vendor in accordance with the Prompt Payment Act (Chapter
2251 of the Texas Government Code) and provisions of this Agreement.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
the City not specified by this Agreement unless the City requests and approves in writing
the additional costs for such services. The City will not be liable for any additional expenses
of Vendor not specified by this Agreement unless the City first approves such expenses in
writing.
Termination.
4.1. Written Notice. The City or Vendor may terminate this Agreement at any time
and for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by the City in any fscal period for any payments due hereunder, City will notify
Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to the City of any kind
whatsoever, except as to the portions of the payments herein agreed upon for which funds have
been appropriated.
OFFICIAL RECORD
Wildernex, LLC. Vendor Services Agreement c�TY secRelARY Page 1 of 14
FT. WORTH, TX
4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, the City will pay Vendor for services actually rendered up
to the effective date of termination and Vendor will continue to provide the City with services
requested by the City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Vendor will provide the City with copies of
all completed or partially completed documents prepared under this Agreement. In the event
Vendor has received access to City Information or data as a requirement to perform services
hereunder, Vendor will return all City provided data to the City in a machine-readable format or
other format deemed acceptable to the City.
Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to the City that Vendor has made
full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by the City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of the
City.
5.3 Public Information Act. The City is a government entity under the laws of the
State of Texas and all documents held or maintained by the City are subject to disclosure under the
Texas Public Information Act. In the event there is a request for information marked Confidential
or Proprietary, the City will promptly notify Vendor. It will be the responsibility of the Vendor to
submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will
not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a
court of competent jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt the
City Information in any way. Vendor must notify the City immediately if the security or integrity
of any City Information has been compromised or is believed to have been compromised, in which
event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with the City
in identifying what information has been accessed by unauthorized means and will fully cooperate
with the City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that the City will, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during the said
three years, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Vendor involving
transactions relating to this Agreement at no additional cost to the City. Vendor agrees that the City will
have access during normal working hours to all necessary Vendor facilities and will be provided adequate
and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The
City will give Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights, privileges, and work performed under this Agreement, and not
as agent, representative or employee of the Ciry. Subject to and in accordance with the conditions and
Wildernex, LLC. Vendor Services Agreement Page 2 of 14
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondent superior
will not apply as between the City, its officers, agents, servants and employees, and Vendor, its officers,
agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will
be construed as the creation of a partnership or joint enterprise between the City and Vendor. It is further
understood that the City will in no way be considered a co-employer or a joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from the City. Vendor will be responsible and liable for any and all payment and reporting of taxes
on behalf of itself, and any of its officers, agents, servants, employees, or contractors.
8. Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS
OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROMAND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT
LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against the City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from the City's use of the software or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
the City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against the City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, the City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect the City's interest, and the City agrees to
cooperate with Vendor in doing so. In the event the City, for whatever reason, assumes the
responsibility for payment of costs and expenses for any claim or action brought against the
City for infringement arising under this Agreement, the City will have the sole right to
conduct the defense of any such claim or action and all negotiations for its settlement or
compromise and to settle or compromise any such claim; however, Vendor will fully
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participate and cooperate with the City in defense of such claim or action. The City agrees to
give Vendor timely written notice of any such claim or action, with copies of all papers the
City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of
payment of costs or expenses will not eliminate Vendor's duty to indemnify the City under
this Agreement. If the software and/or documentation or any part thereof is held to infringe
and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise,
such use is materially adversely restricted, Vendor will, at its own expense and as the
City's sole remedy, either: (a) procure for the City the right to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect the
City's authorized use of the software and/or documentation; or (c) replace the software and
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and documentation at no additional charge to the City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by the City, subsequent to which termination the City may seek any
and all remedies available to the City under law.
Assignment and Subcontractin�.
9.1 Assi�nment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the priar written consent of the City. If the City grants
consent to an assignment, the assignee will execute a written agreement with the City and Vendor
under which the assignee agrees to be bound by the duties and obligations of Vendor under this
Agreement. Vendar will be liable for all obligations of Vendor under this Agreement prior to the
effective date of the assignment.
9.2 Subcontract. If the City grants consent to a subcontract, the subcontractor will
execute a written agreement with Vendor referencing this Agreement under which subcontractor
agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties
and obligations may apply. Vendor must provide the City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide the City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Covera�e and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non-owned.
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(c) W rker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state warkers' compensation laws where the Services are being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): ❑ Applicable � N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
10.2
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liabiliry (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to the Ciry to evidence coverage.
General Requirements
(a) The commercial general liability and automobile liability policies must
name the City as an additional insured thereon, as its interests may appear. The
term the City includes its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of the City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to the City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of the City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f j Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
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11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and locallaws, ordinances, rules and regulations. If the City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY
HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic coniirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
Wildernex, LLC
Attn: Jared Pollard, President
33300 Egypt Lane Ste I-120
Magnolia, TX. 77354
Email: jared cr,wildernex.com
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Emplovees. Neither the City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of the City or Vendor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of the
City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
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17. G verning Law / Venue. This Agreement wi11 be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. The City and Vendor will exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the
public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government
action or inaction; orders of government; material or labar restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Maj eure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headin�s not Controllin�. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to deiine or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A and B.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterqarts. This Agreement may be executed in one or more counterparts, and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warrantv of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. The City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by the City to Vendor for the nonconforming
services.
25. Immigration and Nationalitv Act. Vendor must verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the Employment
Wildernex, LLC. Vendor Services Agreement Page 7 of 14
Eligibility Verification Form (I-9). Upon request by the City, Vendor will provide the City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs wark under this
Agreement. Vendor must adhere to all federal and state laws and establish appropriate procedures and
controls so that no services wi11 be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY THE CITY AND HOLD THE CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR AGENTS. The City, upon written notice to Vendor, will have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
26. Ownership of Work Product. The City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, the
City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other
proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of
the City from the date of conception, creation or iixation of the Work Product in a tangible medium of
expression (whichever occurs iirst). Each copyrightable aspect of the Work Product will be considered a
"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent
such Wark Product, or any part thereof, is not considered a"work-made-for-hire" within the meaning of
the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to the City all exclusive right,
title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent,
trademark, trade secret, and all other proprietary rights therein, that the City may have or obtain, without
further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of
the City.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Comqanv Name or Ownershiq. Vendor must notify the City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those tertns in Section 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing
this Agreement, Vendor certifies that Vendor's signature provides written veri�cation to the City
that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
Wildernex, LLC. Vendor Services Agreement Page 8 of 14
30. Prohibition on Bovcotting Energv Companies. If Vendor has fewer than 10 employees
or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a
contract for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code. To the eactent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's
signature provides written verification to the City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. If
Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not
apply. Vendor acknowledges in accordance with Chapter 2274 of the Texas Government Code, the City is
prohibited from entering into a contract for goods or services unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entiry or firearm trade association. The terms "discriminate," "firearm
entity" and "firearm trade association" have the meaning ascribed to those terms in Chapter 2274 of the
Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to
this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or �rearm trade association during the term of this Agreement.
32. Electronic Si�natures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entiretv of Agreement. This Agreement contains the entire understanding and agreement
between the City and Vendor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
(signature page follows)
Wildernex, LLC. Vendor Services Agreement Page 9 of 14
IN WITNESS W REOF, the parties hereto have executed this Agreement in multiples.
City:
��� ��g��
By: Dana Burghdoff (Sep 16, 2t?� 11:36:30 DT)
Name: Dana Burghdoff
Title: Assistant City Manager
09/16/2025
Date:
Vendor:
�
By: Jare�llard (Sep 5, 2025 15:12:10 CDT)
Name: Jared Pollard
Title: President
Email: jared@wildernex.com
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
.�
By.
Name: Dave Lewis
Title: Director
Park & Recreation Department
1"�, l✓%�i`�'ii'v
By:
Joel McKnight (Sep 12, 2025 13:50:11 CDT)
Name: Joel McKnight
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
�
By:
Name: Hye Won Kim
Title: Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name
Title:
o�� ���
Omotayo Aj ayi
District Superintendent
Park & Recreation Department
City Secretary: �aFF°Rr;�aa
�,o odd
v°�o 9-�d
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By: (��t�av�e�
� � QQan nE4psetia
Name: Jannette S. Goodall
Title: Ciry Secretary
Contract Authorization:
M&C: N/A
Form 1295: N/A
Wildernex, LLC. Vendor Services Agreement
OFFICIAL RECORD
CITY SECRETARY Page 10 of 14
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
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Re: Tti��iu h7ills Park. Lasater Parli & Seadera Ranch Park
RFQt Ref. �: 25-0�+1�
Re: Bea�,•er C:ontrol
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located in Foit UJorth T'K.
�i�ilderoes �iildlife Coutrol Ear�roand; L�'ildeinex LLC uphalds the lughest sfandards in the ti�rildlife conh�ol
li1�U5fl4. VJ�ll 4011 CIlOQS� ��'ildernea to conhol g•vur nuisance a�ildlife needs, grou will slwags be senzced by an
educated w�ldlifie biologst. rinc GL�ilderuex �rildli5e 6iologist has at least a bachelors degree or lu�her iu a�l'il3lefe
$iolagy �eld. This expertise sets w aparx fi�oin all othcK� coinpanies in the iffdustr�,�. Our high level af expertise allows
ll5 t0 cjl1lCY�ti aa3 corrcctly diagnose yoiu s�ecific pr�oblelus aa3 sol�e tlie prablem quickl� and effecriti�elc. I'his
eapfrtise u�ill sa�e gon tuue and mouey by pre�enting qou fram payiug companies that are ineffecti��e or incorrectl�
diaguose fhe Qroblem leadiug fo uunecessan� expeuses. As p;ildlife biologists. oLu goal is to ensure the safet� of5ou
aud your propert4 x�hile pro4iding sen�ices that are e#'fiecti� e hoth short tenn and long ferui
lh�'ildernex also has a pession for oiu "old school" style of cust�er sen-ice. Th�s level of serU ice is quicl;ly becouung
a rarin in fhe ser�ize indushy; but u•hen gou u•arl� u•ith us, ti��e wi11 enstue ti0i1 8[2 llEL'�f �1',3p�701IISC�. .R�E are
dedicafed to your complete sakisfactiou ���ith our ser�ices. sfart fo fwish. Our u.•ork v���11 not be coinplete until you are
S�hSflPd. �' 2�EIYE42 iS13i f�E �24 IO SUCSCSS ffi� C135SQIIl�f SSt15'F8CL10fI 15 Y�OQfSi COiSliYllli]SCaf10ll 2ti'�C4 S� OFiI1C li�3jr;
therefore, oiu tearu will �ep �ou infcmned and updafed fioin the first dac nu yow �ropeits� tluou�h the coinpletion
of u•ork_
R�e are fully liceused and ivsured; therefore, you are nvf liable far an� incideuts tbat could possibly occur u�hile u�e
are on your properts�_ l�' e are also licensed by Texas Depa�tineut af Agrieulture and stay up t� dafe ou all locaL sfate,
and federal lau•s tn ensure our sen�iees are encuomneufally fiiendly and a11 u�ildLife is bandled iu a safe and hi�ane
nahue according to all gol�eming laws and regulafirms. l�`e are regnlarl�,� reeon,mP.,ded hy munieraus eih;, couufy, and
state agencies. Qur team has al:o sesviced u�any nafionwide conipauies, local hnsinesses, aud sfate colleges and
universities_ �'ilderuex u�ildlife biologists u�ill always arri4� iu nnifor�u and u��ill be easily recoguixable. LL�e look
forward fo offering cournu sugeriorpr�ofessianalaildlife coufrol sen^ices.
�i ildernes �� ildliie Canarol pratiides solutians far tl�e follo-�in� and mare:
Alli�atuis •.�adi�l4s � Bats • Beati�ers • Bees • Bud: • Bo�cals • CoVOFes � Exotics � F�-al Hogs
Foxes • Goph�s • Homets • hfice • h4o9e; � Itiu7ia • O�ossums � Rscco-ons • Rats • S�Cunks
Sn�kes � Squomis • L6`asps • Yello� ]ackets
F.�rc2�tsrore Rapairs • Daad�lr�rma! Remom2 • brs�a�tion Rep3ac�eme�ir • Gutter Protec�iar� S�y�stams
Wildernex, LLC. Vendor Services Agreement Page ll of 14
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�5`ildernea Lteca�nmendations:
Ouarrerl;- Be��-er Serrice-
33304 E�p# Laae. 5te. I-1?0
�������i�_ rx �����
r�i: cesa� ���-o���
Eunai�= info`Cl?u•ilderues_com
w�i�v_u�ilderuex. eani
T�-in _llilLs P�rk; $240U.OU per Qu�rrer {t�� nat iurluded) (1 i-ear minimum}
Las�ter Park: $2U44.U4 per Quarter {tas nat iurluded} (1 sear minimum}
Sendera Raurh Park: $24Q4.00 per Qu�rter {tas not iurludedj (1 sear minimum}
�iuuual -Intal far �ll 3 Parks: $2�,UUU.D4 (tas uut in€luded}
�J4'e a•i� canduct qnasteFl}� ��isits to the tiuee parks to igspect for signs ofbea��er acti��it}�. If such actitinsy is
abserued, hapging effbrts u�ill be initiated and will cv4tinue uatil al] acri��i#y �as cease� In quarfers ��•here
trapging is nat requir�ed, ��'� l�"L� llll�ZCII1�IIT pl�S'2Ii#3til�� II1�dSl3lE5 b}� i�stalliflg PVC-coat�ed galvagiaed
�etal mes1� arau�d seiected #rees ta sen�e as a�eterrrut. Trapping u�i11 Ue focused i� areas where beavers
are actively constnuting dams. 17yere is curreut bea�er aetivity obsened at LasaYer Park and Sendera Rancb
Puk. Twin �Ii11s Park 3s-apping w as recentl} condncted and is curren#14 un�er contrai.
Dam Deconsn•ucriou- $1500.40 per dam {�aa uat iucluded}
This service a•iil be offered as an ad�-au and ifl��alves the passial deco5sts-uctian of t�e dvn to faeiSitase
ununpeded a�a#er flow. � openin� up to 4-foot-a•ide wi�t be cseated_ and exca��aFiun wiiI be perFormed
manually to #l�e maxinium ac�ievable deptfi u•ish hand taols. Ail deb�is remas�ed dxeri�g the exca��ation—
excludiflg mu�—wi11 be cleared from t}�e si#e. Pricing is Iisted per dain. Ef an�� exca�'�tiDII L5 l�C�Lk�SI�d �d
remo��e a larger atuouat of the datu or an}� um�sua3 circums�anees, oue-tinie qiFotes ean be submifted for
appro��a1 for any fi�rt]ser work if desired.
13 ildernes ���ildliie Cantrol protiides solutions far tl�e follo�inr and mare:
Alli�aturs • .�rmadiilus • Bats • $eavers � Bee: • BirdS • $o�cars • C'o4'otr7 ' EJi6i7C9 ' F6� H6ES
FaxeS • GopL�s � Harnets • I�iee � hfo3es • Nu¢ria � D�assums • Raccoons • Rats • 5i�unks
S➢�IfCB ' SC�Ll�T218 ' �`asps � Yellovv Jackets
Fxc��sror� Rs�irs • Dae�d.4nrnoe�3 Rsrnova2 • Lisuiarion I2sp2acernerrr •{'surrer Profiec�iorz .5yarenzs
Wildernex, LLC. Vendor Services Agreement Page 12 of 14
33340 E�pt Laue. Ste. I-1 �D
�Sagnolia_ TX i73��
Tel: (fi88j 733-Q��3
` Emaii: iufo � u�ildernex.com
�.i.r-
u����w.u-ildemex. com
Total rosts for the aba�-�mentianed serti�ces, including all l�bor, m�terials. aud eguipment, nzll be:
• �uarterls- Bea�-ei� 5e�•��ce-
� T�iu ]i�lls �ark: $2404.40 per Qu�rter {ra� not iucluded) [1 �•ear minimum}
� Lasater Park: $2404.40 per Qu�rter {ta� not iucluded) [1 �•ear mini�aum}
� Sendei��1 I�anch Park: $2400.60 per Quarter {tas not iucluded} [1 �-ear minimum}
� �iIIlkllA� I6Ci11 f01' �� P81'�i5: ���,404,44 (t�s uat included}
• Da� Ileragstrurrion- $1504.44 per dam {ta� not includedj
The abo��e pricing u�illremain in effect for 30 days from Fhe date of Fhis pro�o sal. Ta� is nut iocluded io the se nrices.
If work is to be tax exeuxpf, exeniption €ornis should he suhnutted with appr�a�,�a1 of this praposal_ Cantracts to be
drafte3 and eaecuted �y both pazties_ Please contact �e if � ou hati�e auy furthcK� questions about the ahati�e nientioned
sen�ices or when you are ready to schedule the stat# of ��crck. I appreciate �our ti¢xe and look fonvard ta heartug froin
you soan.
Sincerel�_
Andrew Chapman
UG`ildlife $iolagist — S_S., C:.?�
�JG'ilderuex i.LC
t��ildernea l��ildliie C:ontrol proti�des saluunns for tl�e foLlov�in� 7Ild IQ01'F:
:3lligatots • .�rmadillo� • Bats • Bea��er3 • Bees • Birds • BobcaFs • C'ayote3 • Exotic; • F�1 Ha�
Faxes � Gopb�s � fiarnets • Mice � h4a�es � T�uaia � Dpossums � R�ccaons � Rats � 5kun3€s
So�kes • Squumis � V6'ssps • Yellow Jatkets
Fxe3wsrare I�,e�Frs � Dead�lnrma2 Removai • frrs���uhon Rep2acem�ft � Gutter Profieclra�e Sp�srenas
EXHIBIT B PAYMENT SCHEDULE
Wildernex, LLC. Vendor Services Agreement Page 13 of 14
EXHIBIT B
PAYMENT SCHEDULE
Following delivery, and acceptance of the goods delivered by the City, the Vendor must provide the
City with an invoice summarizing (i) the goods delivered, (ii) requesting payment, and (iii) listing
the purchase order number on the invoice. If the City requires additional reasonable information, it
will request the same promptly after receiving the above information, and the Vendor must provide
such additional reasonable information to the extent the same is available. Invoices must be
submitted to the City of Fort Worth by email at Supplierinvoices@fortworthtexas.gov or by mail to
Attn: Accounts Payable, 100 Fort Worth Trail, Fort Worth, Texas 76102.
Wildernex, LLC. Vendor Services Agreement Page 14 of 14