Request for Proposal 110 S. 12 · Heart of Texas Region Mental Health Mental Retardation Center...

RFP 17-002- Grounds Keeping Services McLennan County

Request for Proposal

RFP- 17-002

Grounds Keeping - McLennan County

March 2017

Heart of Texas Region MHMR

Contracts Department

110 S. 12th

Street

P.O. Box 890

Waco, Texas 76701

(254) 297-7121

[email protected]

Issue Date: March 27, 2017

Due Date: April 18, 4:00 p.m. (CST)


INVITATION

Heart of Texas Region Mental Health Mental Retardation Center (“Center”) is hereby accepting

competitive proposals from Contractors experienced in Grounds Keeping Services for our facilities

throughout McLennan County.

A copy of the Request for Proposal (RFP) may be obtained from the Center’s website at

http://www.hotrmhmr.org/ (Click on Procurement) or by contacting Lana Gann at

[email protected].

Heart of Texas Region MHMR invites your company to submit a Proposal. If you are interested in

submitting a Proposal, please adhere to the Instructions and Requirements as outlined throughout the

enclosed Request for Proposal.

Companies wishing to submit proposals are encouraged to submit a written letter of intent to propose by

April 4, 2017 at 4:00 p.m. CST. An email attachment sent to Lana Gann at [email protected] will

be accepted. Letters being faxed should be sent to Attn: Lana Gann at (254) 752-7421. The letter must

identify the name, address, phone, fax number and email address of the person who will serve as the key

contact for all correspondence regarding this RFP. Subject line for an email or Fax should be “Letter of

Intent for – Grounds Keeping Services - McLennan County RFP 17-002”. A letter of intent is strongly

encouraged in order for the Center to provide interested proposers with a list of any questions received

and the Center’s answers to those questions. Those providing a letter of intent will also be notified of any

addenda that are issued. If a letter of intent is not submitted, it will be the proposer’s responsibility to

monitor the website to get answers to questions and for any addenda issued for the RFP.

Proposers shall pay particular attention to all INSTRUCTIONS, REQUIREMENTS,

ATTACHMENTS and DEADLINES indicated in the attached proposal and should govern themselves

accordingly.

In accepting proposals, Center reserves the right to reject any and all proposals, to waive formalities and

reasonable irregularities in submitted documents, and to waive any requirements in order to take the

action, which it deems to be in the best interest of the Center and is not obligated to accept the lowest

proposal. This RFP does not obligate the Center to pay for any costs incurred by respondents in the

preparation and submission of a proposal. Furthermore, the RFP does not obligate the Center to accept or

contract for any expressed or implied services.

At the time and place established for receipt of the proposals, Heart of Texas Region MHMR will only

release names of the proposers that have responded to this solicitation. No other information will be

released until after Center’s Evaluation Team has evaluated the proposals and an award has been made

and approved by Center’s Board of Trustees.

We greatly appreciate your efforts and look forward to reviewing your submission.

Lana Gann

Director Human Resources

Contracts and Risk Management

Heart of Texas Region MHMR Center

(254) 297-7121

http://www.hotrmhmr.org/

mailto:[email protected]



Table of Contents

Section Page

Invitation………………...……………………………………………………………….…… 2

I. Overview…………………………..…………………………….…………………….……….4

II. Request for Proposal (RFP) Timeline and Events…….……………………………………….5

III. General Instructions……………………………………………………………………………6

IV. Terms and Conditions…………….……………………………………………………………8

V. General Provisions……………………………………………………………………………..11

VI. Insurance Requirements……………………………………………………………………….14

VII. Indemnification………………………………………………………………………………...15

VIII. Proposal Clauses and Provisions………………………………………………………………16

IX. Scope of Work…………………………………………………………………………………19

X. Proposal Reply-Pricing Bid Worksheet………………………………………………………..25

XI. Proposal Evaluation and Selection Process……………………………………………………27

XII. Attachments……………………………………………………………………………………28

A. Signature Page

B. HUB (Historically Underutilized Business) Assessment

C. Form W-9

D. Notice “Not to Participate” Form

E. Deviation Form

F. Certification Regarding Lobbying

G. Conflict of Interest Questionnaire

H. Form 1295-Certificate if Interested Parties

I. Additional Documents

XIII. Enclosures………………………………….……………………………………………..……41

A. Evaluation Worksheet

B. Sample Grounds Keeping Service Contract


Section I. – Overview

Background and Objectives

Heart of Texas Region Mental Health Mental Retardation Center (the “Center”) is a unit of local

government with non-profit status and was created in 1967 to provide community-based services

beginning in the summer of 1969. Heart of Texas Region MHMR is the designated mental health and/or

mental retardation local authority established by the State of Texas to plan, coordinate, develop policy,

develop and allocate resources, supervise, and ensure the provision of community based mental health

and/or mental retardation services for the residents of McLennan, Bosque, Hill, Limestone, Freestone, and

Falls Counties.

The Heart of Texas Region MHMR Center (Center) invites qualified companies herein after referred to as

“Vendor”, “Contractor” or “Proposer” to submit Proposals for Agency Grounds Keeping Services for our

facilities throughout McLennan County, in response to this solicitation.

The Center has fixed pricing budgets and all pricing quoted should remain fixed for the duration of the

contract. Our goal is to employ best practices and cost effectiveness.

The Center is requesting Proposals for the selection of a contractor to provide Center Grounds Keeping

Services for multiple facilities (business and residential) within McLennan County for a base period of

two (2) years four (4) months beginning May 1, 2017 through August 31, 2019 with three (3) one (1) year

renewal options through year 2022 at the sole discretion of the Heart of Texas Region MHMR Center.

Non-Mandatory Site Visits

Site visits are non mandatory. The visits do not need to be scheduled. Site visits will need to be

conducted beginning April 1 2017 through April 8, 2017. Contractors will not be accompanied by the

Heart of Texas Region, addresses of the commercial businesses and residential facilities can be found on

page nineteen (19) of the RFP. Staff contact Person for the Site Visits will be Juli Ivie, Contract

Coordinator (254) 297-7125. Questions regarding the site visits can also be directed to Lana Gann at

(254) 297-7121 or via email at [email protected].

Intentionally Left Blank


Section II. - Request for Proposal (RFP) Timeline and Events

Note: The Center reserves the right to adjust this schedule as necessary. Any significant change to the

schedule will be published via RFP Addendum.

Request for Proposal Issued Monday, March 27, 2017

Non Mandatory Site Visits Monday – Friday, April 3-April 7, 2017

(Visits will not be accompanied by Center staff)

For questions contact:

Juli Ivie at (254) 297-7125 or

Lana Gann (254) 297-7121

Mandatory Pre-Proposal Conference Tuesday, April 11, 2017 at 10:30 am CST

Location: 110 S. 12th Street, Waco, TX 76701

Vendor Questions Deadline Wednesday, April 12, 2017 by COB (4:00 pm CST)

Answers to RFP Questions Released Thursday, April 13, 2017 by COB (5:00 pm CST)

Deadline for RFP Submission Tuesday, April 18, 2017 by COB (4:00 pm CST)

Proposal Opening (ONLY Vendor Names Announced) Tuesday, April 18, 2017 at 4:15 pm CST

A public Proposal opening will be held immediately

following receipt of Proposals at

110 S. 12th Street, Waco, TX 76701

Oral discussions with proposers, if applicable Wednesday, April 19, 2017 via phone

Anticipated Award Date Contingent upon Board Approval April Board Meeting



Section III – General Instructions

A. Request for Proposal Format

All requirements may not be included in this section. The respondent is cautioned to read the

RFP in its entirety to determine ALL requirements. The Center reserves the right to reject a

proposal that does not contain all information and attachments required by the RFP.

1. Identification. Each proposal page must contain the name of the proposing entity.

2. Cover Page. This page must state the RFP subject- RFP 17-002 - Grounds Keeping

Services-McLennan County, the business name, contact name and title, address, telephone

number, fax number, email address, and the date of the proposal submission. If the contact

person responsible for answering technical and contractual questions in respect to this proposal is

different than the respondent, then include this individual’s name, title, telephone number, fax

number and email address on the cover page.

3. Letter. Submit a signed letter briefly addressing the respondent’s understanding of the work

to be done, the commitment to do the work requested in the RFP, and a statement explaining why

the respondent believes it is best qualified to provide the requested service. This letter is not

intended to be a summary of the proposal itself.

4. Detailed Proposal. The detailed proposal must address respondent’s ability to provide

equipment and services specified in or otherwise required to comply with RFP specifications.

This will include clear identification of all services provided and supporting fee structure as

applicable.

5. References. The Proposer is required to submit with their proposal a comprehensive list of

references. A minimum of three (3) references where proposer has provided services that pertain

to this type of work outlined in the RFP. References shall include company name, address,

telephone number, fax number, contact person and email address. The proposer must agree

to authorize client to furnish any information required by Center to verify references provided and

for determining the quality and timeliness of previous work performed.

6. Financial Information. Proposer must submit a copy of their last AUDITED financial

statement. A letter from your CPA is an acceptable alternative for Non Public companies, but

must include a statement that financial solvency is adequate to meet expenditures for at least one

(1) year.

7. Signature. The proposal must be signed by a person or officer who of the company that is

authorized to enter into contractual agreements on behalf of the company.

8. Attachments. Print and submit attachments identified in the proposal.

** Proposers are encouraged to include any additional descriptive literature regarding your

services which might be of assistance in the decision making process. **

B. Questions

Mandatory Pre-Proposal Conference Tuesday, April 11, 2017 at 10:30 am CST

Questions from Vendors Wednesday, April 12, 2017 by COB (4:00 p.m. CST)

Deadline for Response to Questions Thursday, April 13, 2017 by COB (5:00 p.m. CST)


All questions concerning the PROPOSAL specifications must be submitted in writing to name listed

below. The questions can be submitted via fax or email. Email requests can be sent to

[email protected] or faxed to Attn: Lana Gann; RE: RFP 17-002 Grounds Keeping Services-

McLennan County Questions at (254) 752-7421.

Questions and answers will be posted, on the Center Website at www.hotrmhmr.org, by 5:00 p.m. CST,

Thursday, April 13, 2017, 5:00 pm CST.

C. Submittal Procedure

RFP response(s), subject to all conditions and specifications attached hereto, must be signed in INK by a

person or officer of the company submitting the RFP response that is authorized to enter into contractual

agreements on behalf of the company. RFP Responses received unsigned or after the deadline will not

be accepted.

Deadline to submit a final response to this RFP is Tuesday, April 18, 2017 by 4:00 p.m. CST. Original

documents must be signed in INK with three (3) additional photocopies submitted in a SEALED

ENVELOPE or BOX marked and delivered as follows:

Deliver to the attention of:

Heart of Texas Region MHMR

Contracts Department

Attn: Lana Gann

110 S. 12th Street

Waco, Texas 76701

“RFP 17-002 - Grounds Keeping Services- McLennan County”

“DO NOT OPEN UNTIL, April 18, 2017 AT 4:15 P.M. CST”

No Proposals will be accepted after the stated deadline.

Respondents may mail or personally deliver their responses to this RFP to the Contract Department of

Heart of Texas Region MHMR at the above address. Regardless of the options chosen for delivery, the

proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal date

and time shall result in rejection of the proposal. Proposer is solely responsible for ensuring that its

courier service provider makes inside deliveries to our physical location. The Center is not responsible

for any delays caused by the proposer’s chosen means of proposal delivery.

Proposals shall include ALL documentation as requested in the Request for Proposal.

D. Proposal Opening

Submitted proposals will be opened at a Public Proposal Opening will be held immediately following

receipt of Proposals, April 18, 2017 CST, at 110 S. 12th Street, Waco, TX 76701. Vendor Names only to

be announced.



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Section IV – Terms and Conditions

A. Non-Discrimination Policy Statement

The Heart of Texas Region Mental Health Mental Retardation Center does not discriminate against any

individual or Vendor/Proposer/Contractor with respect to his/her compensation, terms, conditions, or

award of contract because of race, color, religion, sex, national origin, age, disability or political

affiliation. Nor does it limit, segregate, or classify candidates for award of contract in any manner which

would deprive or tend to deprive any individual or company of business opportunities or otherwise

adversely affect status as a Vendor/Proposer/Contractor because of race, color, religion, sex, national

origin, age, disability or political affiliation.

B. Immigration Reform and Control Act and E-Verify

The Vendor/Proposer/Contractor shall provide appropriate identification and employment eligibility

documents and complete a W-9 Form to meet requirements of the Immigration and Reform Control Act

of 1986.

E-Verify Certification - Contractor further agrees to utilize the U.S. Department of Homeland Security’s

E-Verify system (www.dhs.gov/E-Verify) to determine the eligibility of all persons assigned to perform

work pursuant to award of a Contractor. A copy of the “Maintain Company Page” from E-Verify or

other proof of the utilization of E-Verify, will need to be included in the RFP Attachments to prove

that the company is enrolled in E-Verify.

C. Proposal Guarantee/Award Procedure

It is anticipated that a recommendation for award for this proposal will be made no more than thirty (30)

days after the PROPOSAL DUE DATE. All interested parties are required to guarantee their proposals

as an irrevocable offer valid for Ninety (90) days after the proposal due date. Heart of Texas Region

MHMR Center in its sole and absolute discretion shall have the right to award proposal for any or all

items/services listed in each proposal, shall have the right to reject any and all proposals as it deems to be

in its best interests, to waive formalities and reasonable irregularities in submitted documents, shall not be

bound to accept the lowest proposal and shall be allowed to accept the total proposal of any one vendor.

D. Permits

Any and all permits/license as required by authorities having jurisdiction; local, state, county and/or

federal, are the total responsibility of the proposer and must be obtained prior to commencement of any

work or service. Any and all expense/cost related to obtaining required permits/license is the sole

responsibility of the proposer.

E. Contractor Requirements and Responsibilities

The Contractor agrees to perform all work and to take any required actions, including the furnishing of all

supervision, labor, materials, tools, machinery, equipment, insurance, services and transportations

required for the accomplishment and completion of Grounds Keeping services as described in these

specifications, in the locations listed. Services are to be rendered in a workmanlike manner, with

consideration for building and residential occupants, and in accordance with the provisions of this

contract.

It shall be the responsibility of all Contractors, prior to submitting their Proposal, to personally visit

each site. Each Contractor shall verify all existing conditions and all work required for the services as

outlined by the specifications. Add-ons resulting from oversight by Contractor during the verification

process will not be accepted.


F. Invoicing/Payments

The Contractor is to submit properly completed invoice (s) in accordance with agreed upon terms as

outlined in the final contract. Invoices must be submitted to Heart of Texas Region MHMR, P.O. Box

890, Waco, TX 76703-0890.

G. Price Adjustments

The contractor will be required to honor their proposal prices for the term of the contract period.

If, during the Service Term of this Contract there is legislation enacted regarding an increase or

increases in the minimum wage rate law or increase mandated in Worker’s Compensation rates by

the State of Texas Board of Insurance, the Contractor may submit a request or requests for an increase

in the fees.

H. Historically Under-Utilized Business (HUB)

This Center shall make a good faith effort to utilize Historically Under-Utilized Businesses (HUB’S) in

contracts for Construction, Services (including professional and consulting services), and commodities. If

the proposer is a HUB please submit proof of Historically Underutilized Business “HUB” state certificate

and /or local M/W/DBE certificate. (See Attachment B-1)

If your company is not certified, please submit Attachment B-1and submit with your proposal.

If you intend to subcontract any of the services please complete Attachment B-2. If not subcontracting

any of the work mark accordingly on the form and submit with your Proposal.

I. Minority/Women and / or Disadvantaged Business

This Center shall make a good faith effort to utilize Minority/Women and/or Disadvantaged Businesses

Enterprise (M/W/DBE) in contracts for Construction, Services (including professional and consulting

services), and commodities. If the proposer is a HUB please submit proof of Historically Underutilized

Business “HUB” state certificate and /or local M/W/DBE certificate. (See Attachment B-1)

J. Direct or Indirect Assignment

The selected Vendor/Proposer/Contractor will not be permitted to directly or indirectly assign its rights

and duties under the contract without express approval from the Center.

K. Form W-9

Vendors are to complete a W-9 Form and submit with Proposal Documents. (See Attachment C)

http://www.irs.gov/pub/irs-pdf/fw9.pdf

L. Audits

In compliance with Section 2262.003, government Code, as amended by House Bill 905 of the 79th

Regular Session of the Texas Legislature the Center and contractor do hereby agree:

1. Access. In addition to any right of access arising by operation of law, contractor and any of

contractor’s affiliate or subsidiary organizations or subcontractors shall permit DSHS or any

of its duly authorized representatives, as well as duly authorized federal, state or local

authorities, including the Comptroller General of the United States, the Office of the

Inspector General at HHSC (OIG) and the State Auditor’s Office (SAO) or any of their

http://www.irs.gov/pub/irs-pdf/fw9.pdf


successor agencies, unrestricted access to and the right to examine any site where business is

conducted or client services are performed, and all records, which includes but is not limited

to financial, client and patient records, books, papers or documents related to this contract. If

deemed necessary by DSHS or the OIG, for the purpose of investigation or hearing,

contractor shall produce original documents related to this contract. DSHS and HHSC shall

have the right to audit billings both before and after payment, and all documentation that

substantiates the billings.

2. State Auditor’s Office. Contractor shall, upon request, make all records, books, papers,

documents, or recordings related to this contract available for inspection, audit, or

reproduction during normal business hours to any authorized representative of the SAO.

Contractor understands that the acceptance of funds under this contract acts as acceptance of

the authority of the SAO, or any successor agency, to conduct an audit or investigation in

connection with those funds. Contractor shall cooperate fully with the SAO or its successor in

the conduct of the audit or investigation, including providing all records requested, and

providing access to any information the SAO considers relevant to the investigation or audit.

The SAO’s authority to audit funds shall apply to Agreement funds disbursed by Center to its

subcontractors, and Center shall include this provision concerning the SAO’s authority to

audit and the requirement to cooperate, in any Agreement Center awards.

3. Retention of Records. Contractor agrees to retain all records pertaining to this contract that

are subject of pending litigation or an audit until the litigation and any appeal thereof has

ended or all questions pertaining to the audit are resolved. In addition, contractor shall retain

for six (6) years following the expiration or termination of the contract or for a longer period

if required by statute or regulation, all documents required under this contract.



Section V – General Provisions

A. Modification or Withdrawal of Proposals.

Any proposal may be modified or withdrawn prior to deadline, provided such modification or withdrawal

is submitted prior to the deadline. Any modification received after the deadline shall be deemed late and

will not be considered.

B. Offer and Acceptance Period

All proposals must be an irrevocable offer valid for one hundred twenty days (120) after the proposal

opening date.

C. Late Proposals

Any proposal received after the stated deadline shall be deemed late and will not be considered.

D. Irregularities in Proposals

Except as otherwise stated in this Request for Proposal, evaluation of all proposals will be based solely

upon information contained in the Contractor’s response to this proposal. Heart of Texas Region MHMR

shall not be held responsible for errors, omission or oversights in any proposer’s response to this

proposal. The Center may waive technical irregularities which do not alter the price or quality of the

services.

The Center has the right to reject proposals containing a statement, representation, warranty or

certification which is determined by the Center and its counsel, to be materially false, incorrect,

misleading or incomplete. Additionally, any errors, omissions or oversights of a material nature may

constitute grounds for rejection of any proposal.

The inability of a Proposer to provide one or more of the required components or specified features or

capabilities required by this Proposal does not, in and of itself, preclude acceptance by the Center of the

Proposal. All Proposals will be evaluated as a whole and for the best interests of the Center.

E. Oral Presentation

Any proposer that submits a proposal in response to this request may be required to make an oral

presentation, in person or by telephone, for further clarification upon Center’s request.

F. Amendments to the Proposal

If it becomes necessary to revise any part of this proposal package or if additional information is

necessary to clarify any provision, the revision and/or additional information will be provided to each

proposer via faxed amendment or email named on the submitted letter of intent as referenced in the

Invitation. The information will also be posted on the website.

G. Retention of Proposals

All Proposals considered by the Center shall become the property of the Center and shall not be returned.

After opening, each Proposal, except those portions for which a proposer has included a written request

for confidentiality (e.g., proprietary information), shall be open to public access.


H. Notice “Not to Participate” Form

Proposers are asked to respond to the proposal request whether they can or cannot provide the products,

supplies and/or services listed in the proposal request. (See Attachment D)

I. Incurred Expenses

The Center shall not be responsible for expenses incurred by a proposer in the preparation and submission

of a proposal. This provision also includes any costs involved in providing an oral presentation of the

proposal during the selection process and after the selection process.

J. Deviation Form

Each proposal shall contain a Deviation form, which states the perspective proposers’ commitment to the

provisions of this Request for Proposal. An individual authorized to execute contracts shall sign the

Deviation form. Any exceptions taken to the terms and conditions identified in this Proposal Package

must be expressly stated in the Deviation form. (See Attachment E)

K. Labor Materials and Workmanship

Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of

good quality as specified. The contractor shall, if required, furnish satisfactory evidence as to the kind

and quality of materials. All materials and/or equipment shall be applied, installed, connected, erected,

used, cleaned and conditioned in accordance with instructions of the applicable supplier, except as

otherwise provided in the contract documents.

L. Guarantees

The contractor shall remedy any defects due to faulty materials or workmanship and pay for damage to

other work resulting there from which shall appear within a period of one year from the date of

acceptance of the work by the Center. The Center shall give the contractor written notice of observed

defects with reasonable promptness. The contractor shall also transfer any and all manufacturer’s

warranties.

M. Prohibited Materials

The contractor will comply with all laws and regulations related to prohibited materials.

N. Work Site

During the progress of the work, the contractor shall keep the premises from accumulations of waste

materials, rubbish and other debris resulting from the work. At the completion of the work, the contractor

shall remove all waste materials, rubbish and debris from and about the premises as well as all tools,

appliances, equipment, machinery and surplus material.

O. Subcontractors

All provisions and/or stipulations within this proposal also apply to any authorized subcontractors. The

contractor shall be fully responsible to the Center for all acts and omissions of the subcontractors,

suppliers and other persons and organizations performing or furnishing any of the work under the direct

or indirect contract with the contractor just as the contractor is responsible for the contractor’s own acts

and omissions.


P. Service Schedule

Contractor must not interfere with or disrupt the operations of the facility. Contractor must be aware of

and sensitive to the Center’s staff and consumers when executing work.

Q. Term of Contract

The intent of the Request for Proposal is to award a base two (2) years four (4) months, beginning May 1,

2017 through August 31, 2019, initial period of performance with three (3) one (1) year renewal options

at the sole discretion of the Heart of Texas Region MHMR Center based upon satisfactory performance,

which will be reviewed, on an annual basis.

The Contract shall commence with the qualified Contractor on May 1, 2017, and shall remain in effect

unless terminated, canceled or extended, as otherwise provided herein.

R. Funds Availability

The contract is at all times contingent upon availability and receipt of funds the Center has allocated to

this contract, and if funds for this contract become unavailable during any budget period, the contract may

be immediately terminated or reduced at the discretion of the Center.

S. Licensure

The proposer shall submit, with their proposal, a copy of any other license(s), certification (s),

registration(s), etc. as required by authorities having jurisdiction; local, state, county, and/or federal.

T. Pricing

The intent of the Proposal is to award the contract, to the lowest cost, qualified contractor who can

provide and meet all specified requirements of this Request for Proposal.

U. Taxes

The Center is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is

hereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax,

Texas Tax Code and article 1066 (C), Local Sales and Use Tax Act, Revised Civil Statutes of Texas.



Section VI – Insurance Requirements

Contractor shall maintain, during the term of the contract, the following minimum insurance:

A. Policies, Coverage and Endorsements

The contractor shall maintain, at its sole cost and expense, policies of general and/or professional liability

insurance coverage with limits in the amount of at least $1,000,000.00 each occurrence and $2,000,000.00

general aggregate for bodily injury and Property Damaged combined in order to insure contractor and

Center against any claim for damages arising in connection with contractor’s responsibilities during the

term of the contract. Proof of Workers’ Compensation insurance with the statutory requirements must be

provided for its employees.

B. Insured Parties

All policies excluding professional liability and workers’ compensation shall contain a provision naming

the Center (and its officers, agents and employees) as Additional Insured parties and the Certificate

Holder on the original policy and all renewals or replacements during the term of the contract.

C. Subrogation

All policies must contain a Waiver of Subrogation endorsement to the effect that the issuer waives any

claim or right in the nature of subrogation to recover against the Center, its officers, agents, or employees.

D. Proof of Insurance

The policies, coverages and endorsements required by this provision shall be shown on a Certificate of

Insurance on which the Center must be listed as an Additional Insured Party (excluding professional

liability and workers’ compensation) and the Certificate Holder and which should be furnished to the

Center PRIOR TO THE COMMENCEMENT OF THE CONTRACT. The Center reserves the right to

request copies of all insurance policies and applicable endorsements. The Center may withhold payments

under the terms of the contract until the contractor has furnished the Center copies of all Certificate of

Insurance or requested copies of all insurance policies and applicable endorsements from the insurance

carrier or carriers showing that such insurance is in full force and effect.

E. Cancellation

New Certificates of Insurance shall be furnished to the Center at the renewal date of all policies named

upon these Certificates. The contractor shall give the Center thirty (30) days prior written notice of any

proposed cancellation of any of the above described insurance policies.

F. Indemnity

To the extent permitted under the Constitution and the laws of the State of Texas, the selected contractor

shall indemnify and hold harmless the Center and all of its directors, officers, employees and agents from

all suits, actions, claims or cost of any character, type or description brought or made on account of any

injuries, death or damage received or sustained by any person or persons or property, including but not

limited to clients, arising out of or occasioned by any acts or negligence of Contractor or Contractor’s

personnel, if any, or its agents or employees whether occurring during the performance of the services

hereunder or in the execution of the performance of any of its duties under this agreement.


Section VII – Indemnification

To the extent permitted under the Constitution and the laws of the State of Texas, the Contractor agrees to

indemnify, save, and hold harmless the Center, its employees, officials, and agents from any and all

claims, action, damages, lawsuits, proceedings, judgments, or liabilities, for personal injury, death, or

property damage resulting from the acts or omissions of anyone under the contractor’s supervision or

control.

In the event of any cause of action or claim asserted by a party to the agreement or any third party, the

Center will provide the contractor with timely notice of such claim, dispute or notice. Thereafter, the

contractor shall at its own expense, faithfully and completely defend and protect the Center against any

and all liabilities arising from this claim, cause of action, or notice.

If the contractor should fail to so successfully defend the Center, the Center may defend, pay or settle the

claim or other cause of action with full rights of recourse against the contractor for any and all fees, costs,

expense and payments including but not limited to attorney fees and settlement payments, made or agreed

to be paid in order to discharge the claim, cause of action, dispute or litigation.

It is the express intention of the parties hereto, both contractor and Center, that the indemnity provided for

in this paragraph is an agreement by contractor indemnify and protect the Center from consequences of

the Contractor’s own negligence when that negligence is a concurring cause of the injury, death , or

damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim,

loss, damage, cause of action, suit, or liability where the injury, death, or damage results from the sole

negligence of the Contractor.

Provision to be applied if indemnity is void

If the foregoing indemnity provision is found void for any reason and only in that case then the parties

agree that if any claim or suit for damages of any nature arising out of or occasioned by Contractor’s

breach of any of the terms or provisions of this contract or by any negligent act or omission of Contractor,

its officers, agents, associates, employees or subcontractors, then Contractor will be obligated to pay for

the legal defense of the Center, its officers, agents and employees against such claim or suit (including the

costs and expenses associated with that defense). It is additionally expressly agreed that any payment due

as a result of any successful claim or lawsuit shall be paid by the party or parties found liable in the

proportion of liability found against that party after the matter has been finally litigated or, alternatively,

in the proportion agreed upon by the parties if the matter is settled. This provision does not waive any

immunity or defense available to either party under Texas law. The provisions of this paragraph are solely

for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,

to any other person or entity.

This agreement is binding upon acceptance and is to inure to the benefit of the parties, their successor,

assigns, and personal representatives.



Section VIII – Proposal Clauses and Provisions

A. Independent Contractor

The relationship between the Center and selected contractor will be that of an independent

contractor. The parties agree that none of the provisions are intended to create, nor will be deemed or

construed to create, any relationship between the Center and contractor other than that of

independent parties contracting with each other to carry out a contract for services. In the event the

Internal Revenue Service should question or challenge Contractor’s independent status, the parties

mutually agree that all parties to a contract will have the right to participate in any discussion or

negotiation occurring with the Internal Revenue Service.

B. Abandonment or Default

If the selected contractor defaults on the contract, the Center reserves the right to cancel the contract

without notice and either re-solicit or re-award the contract to the next best responsive and responsible

respondent. The defaulting contractor will not be considered in the re-solicitation and may not be

considered in future solicitations for the same type of work, unless the specification or scope of work

significantly changed.

C. Governing Law and Venue

Upon entering into a contract it shall be construed and enforced in accordance with the laws of the State

of Texas, and venue shall lie in McLennan County, Texas.

D. Corporate Compliance

Center has an ongoing commitment to ensure that its affairs are conducted in accordance with applicable

law and sound ethical business practice. The selected contractor agrees to adopt and implement a

Business Code of Conduct and Corporate Compliance similar to those adopted by the Center and

consistent with state and federal law. The contractor shall develop and implement a process for its

employees and contractors to report possible compliance issues including a process for such reports to be

fully and independently reviewed.

E. Antitrust and Assignment of Claims

The proposer must certify that they, or anyone acting/representing such firm, corporation, institution,

partnership, have not violated the antitrust laws of the state of Texas and that any firm, corporation,

partnership or institution represented by the audit firm has not (1) violated the antitrust laws of the State

of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2)

communicated directly or indirectly the Proposal to any competitor or any other person engaged in such

line of business during the procurement process for this contract.

F. Lobbying and Political Activity

Center will request proposer to submit a completed Certification Regarding Lobbying form.(See

Attachment F) As required by 31 USC §1352 and UGMS, the contractor shall not use funds received

under the contract to pay any person for influencing or attempting to influence an officer or employee of

any agency, federal or state, a Member of Congress, an officer or employee of Congress, or an employee

of a Member of Congress in connection with the awarding of any contract or grant an extension,

continuation, renewal, amendment or modification of any contract or grant.


G. Conflict of Interest Disclosure

By submitting a proposal, the selected contractor represents and warrants that neither it nor its employees

have an actual or potential conflict of interest in entering a contract with the Center. The contractor also

represents and warrants that entering into a contract with the Center will not create an appearance of

impropriety. In its proposal, the proposer must disclose any actual or potential conflict of interest that it

might have in contracting with the Center. The requirement to disclose any actual or potential conflict of

interest will continue during the term of the contract. The Center will decide, in its sole discretion,

whether an actual or perceived conflict should result in proposal disqualification or Contract termination.

Chapter 176 of the Local Government Code requires a vendor who enters or seeks to enter into a contract

with a local governmental entity, file a “conflict of interest questionnaire” (Form CIQ). The Texas

Ethics Commission (TEC) created the conflict of interest questionnaire. (See Attachment G) When

completing the form, Box 1 and Box 7 must be completed. Whether or not a conflict exists determines

the other information to include on the form.

A copy of Chapter 176 of the Texas Local Government Code can be found at:

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm.

H. Filing Form 1295

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the

Government Code. The law states that a governmental entity or state agency may not enter into certain

contracts with business entity unless the business entity submits a disclosure of interested parties (Form

1295) to the governmental or state agency at the time the business entity submits the signed contract to

the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the

business entity to file Form 1295 electronically with the Commission. Government Code §2252.908

disclosure requirement applies to a contract entered into on or after January 1, 2016. The selected firm

agrees to comply with completing Form 1295 on- line and must be done upon signing of contract. For

information regarding the form and the process refer to

https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html. (Attachment H)

I. Current and Former Center Employees

Proposer must also disclose any of its personnel who are current or former officers or employees of the

Center or who are related, within the third degree by consanguinity (as defined by Texas Government

Code §573.023) or within the second degree by affinity (as defined by Texas Government Code

§573.025), to any current or former officers or executive employees of the Center. (See Attachment G)

J. Debts and Delinquencies

Proposer shall not be indebted to the State of Texas for any reason including tax delinquency (Texas

Government Code §403.055); and is not more than 30 days delinquent in child support payments is

eligible to receive payments from state funds as required by Texas Family Code §231.006.

K. Debarment, Suspension, Ineligibility and Voluntary Exclusion

A contractor is federally mandated to adhere to the directions provided in the President’s Executive

Order (EO) 13224, Executive Order on Terrorist Financing-Blocking Property and Prohibiting

Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/21/2001

and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal

General Services Administration’s System for Award Management (SAM), hhtps://www.sam.gov, which

is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially

Designated National (SDN) list.

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm

hhtps://www.sam.gov/


Proposer certifies that the responding entity and its principals are eligible to participate in this transaction

and have not been subjected to suspension, debarment or similar ineligibility determined by any federal,

state or local governmental entity and the proposer is in compliance with the State of Texas statutes and

rules relating to procurement and the proposer is not listed on the federal government’s terrorism watch

list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at

https://www.epls.gov.

L. Dispute Resolution

In the event a dispute arises between the parties involving the provision or interpretation of any term or

condition of the contract, and both parties desire to attempt to resolve the dispute prior to termination or

expiration of the contract, or withholding payments, then the parties may refer the issue to an independent

mediation center whose decision will be binding upon both parties.

M. Drug Free Workplace

The proposer will agree to comply with the applicable provisions of the Drug-Free Work Place Act of

1988 (41 U.S.C. §§ 8101-8106 and maintain a drug free work environment; and the final rule,

government-wide requirements for drug-free work place (grants) issued by the Office of Management and

Budget (C.F.R. Part 182) to implement provisions of the Drug-Free Work Place Act of 1988 is

incorporated by reference and the contractor shall comply with the relevant provisions thereof, including

any amendments to the final rule that may hereafter be issued.

N. Smoking Policy

The Center has a Smoke Free Workplace policy. The policy reflects our commitment to providing a

healthy environment for all our employees and visitors. This policy prohibits smoking within our

buildings or on the grounds including parking lots. The selected contractor will agree to abide by this

policy when on the property of the Center.

The Center is also a Drug Free workplace. As a result, the contractor, subcontractors and their employees

may not use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances

while on the job or on the Center’s property, nor may such workers be intoxicated, or under the influence

of alcohol or drugs on the job. If the Center or Center’s representative notifies the contractor that any

worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations

or has possessed or was under the influence of alcohol or drugs on the job, the contractor shall

immediately remove such worker from performing contract work with the Center.


https://www.epls.gov/


Section IX – Scope of Work

1.0 Scope of Services

The Heart of Texas Region MHMR Center is seeking a contractor experienced in providing Grounds

Keeping Services at its facilities within McLennan County. The intent of this specification is to obtain

firm pricing to provide Center Grounds Keeping Services for multiple facilities (business and residential)

within McLennan County for a base period of two (2) years four (4) months beginning May 1, 2017

through August 31, 2019 with three (3) one (1) year renewal options through year 2022 at the sole

discretion of the Heart of Texas Region MHMR Center.

The following locations are where Grounds Keeping Services are to be performed:

A. Commercial Facilities Address

Administration/MH Services 110 S. 12th Waco 76701

Maintenance Offices / Challenging Behaviors 300 S. 4th Waco 76701

Day Habilitation 312 S. 4th Waco 76701

ECI Offices 324 S. 4th Waco 76701

KCF Parking Lot 1023 Jefferson Waco 76701

KCF Offices 1105 Jefferson Waco 76701

Peer Support Services 2111 Austin Ave Waco 76701

Substance Abuse Services 2220 Austin Waco 76701

IDD Services 3420 W. Waco Drive Waco 76701

Clifton Street 1200 Clifton St Waco 76704

Community Counseling Clinic 2800 Lyle Ave Waco 76708

Veteran's One Stop/Behavioral Justice Center 2010 LaSalle Waco 76706

B. Residential Facilities Address

West Ward 108 West Ward Waco 76706

Mountain View 1806 Mountain View Waco 76710

39th Street 2323 N. 39th Street Waco 76708

43rd

Street 2820 N 43rd St Waco 76710

Richland Dr. 517 Richland Dr Waco 76710


2.0 General Requirements

a. Grounds Keeping Services for these facilities shall commence upon the date specified in the

executed contract requesting performance of such Grounds Keeping Services.

b. The Contractor’s employees will be trained in the various disciplines of grounds keeping services

in a good and workmanlike manner meeting the highest standards for service of like kind.

c. A trained supervisor or lead with expertise in grounds keeping services shall be present at each

Facility during the Contractor's performance of such services

d. The telephone number for the Contractor's establishment for Grounds Keeping

Services during Business Hours on Business Days shall be provided to the Contract Coordinator.

A change of the then current telephone number shall immediately be confirmed in writing to the

Contract Coordinator. The Agency may terminate this Contract upon the Contractor's failure to

comply with such notification to the Contract Coordinator.

e. The Contractor shall immediately give verbal notice (confirmed in writing within 24 hours) to

the Contract Coordinator of any damage to the Center’s equipment, buildings, furnishings or

property caused by the Contractor or of any damage to third party property during the course

of carrying out work for t h e C e n t e r .

f. The Contractor shall perform the following Grounds Keeping Services for each Facility, in

accordance with the applicable Facility's Work Schedule defined in sections IX, 7 below,

unless the Contractor receives notice from the Center’s Director of Facility Operations or

designee changing or canceling any or all such services. Services are to be performed during

business hours on business days during the Service Terms of this Contract unless otherwise

directed or approved by the Center.

g. Contractor shall furnish within 48 hours a written confirmation of all scheduled work

completed to the Contract Coordinator. This may be in a simple form faxed or emailed. This is

to include all items listed in Specification Exhibit .

Invoices will be not be paid when documentation is not received.

Email to [email protected] or fax to the Attn: Juli at (254) 752-7421.

3.0 General Lawn Maintenance

a. Mow, Edge, Trim and Rake

Mow, edge, trim and rake, as applicable, all lawns, berms, assessments and ditches, in

accordance with Facility's Work Schedule. Such Grounds Keeping services may be

considered as performed weekly during the "growing season" and bi-monthly during the

“non-growing season” to maintain a well manicured appearance. The "growing season"

shall be considered from March 15th through October 15th. The remaining annual period

represents the "non growth season."

Edging, trimming and raking shall include those areas not accessible to mowers, for the

well-manicured look, i.e., abutting buildings, curbs, drives, fences, flower beds, parking

areas, sprinkler heads, trees, walk ways and any other area at any Facility which requires

Grounds Keeping services in accordance with the Contract.

b. Pruning

Bushes, hedges, shrubs and trees, of any height shall be pruned, shaped, trimmed and cleared

at least seven (7) feet from the ground, as necessary, to maintain a well-groomed appearance.



Such pruning, etc., also serves to prevent the obstruction of parking, walking areas, irrigation

and plumbing systems, and damage to roofs and eaves.

c. Removal of Weeds

Weed Control shall be exercised on an each visit basis to all lawns, beds, berms,

assessments, ditches and paved areas such as parking lots and s i d e w a l k s .

d. Clean Up

The Contractor, during its performance of Grounds Keeping Services, shall collect and bag all

excess grass cuttings, general trash, leaves and any/or all other cuttings and debris from the

entire outside area of each Facility. The outside area shall include the parking and walking

areas. Bagged trash shall be disposed of by the Contractor in trash containers located in the trash

collection area of the applicable facility or disposed of offsite. Major debris such as tree limbs or

extensive cuttings shall be disposed of offsite so as not to fill up on site waste collection

containers.

4.0 Fertilizing, Spraying, Watering and Weeding

a. Lawns shall be fertilized and treated for weeds twice a year. Contractor to advise the Center if

any site(s) need(s) to be fe1iilized or treated for weeds, other than as scheduled, to maintain a

healthy appearance and promote good growth. Fertilizers and sprays shall meet acceptable

OSHA standards. The fall application of fertilizers and sprays shall contain fungicides to combat

diseases in the turf, e.g. Saint Augustine decline, etc.

b. Ground covers, hedges, shrubs and trees shall be fertilized and sprayed at each Facility, in

accordance with the applicable Facility's Work Schedule defined in 7.0 herein below.

Such services herein are required to prevent fungus and insect infestation, thereby

maintaining healthy plants and promoting good growth.

c. Insecticides shall be applied at each site as needed to control ants, chinch bugs, grub worms,

sod grass, and any lawn and ornamental pests.

d. MSDS sheets must be provided to the Center for all pesticides or any chemicals being used

at the Center’s Facilities.

e. If watering of grounds is required at any site(s), contractor shall apprise the Center of the

need in a timely manner and shall provide the proposed number of man-hours to accomplish

the task. Contractor is not required to install or maintain irrigation systems within this

contract's scope of work.

5.0 Feeding and Mulching

a. All flower and shrub beds shall be mulched in March and October (of each service year)

with composted materials. Prior to application the Contractor will be required to inform the

Director of Facility Operations how much mulch will be needed and the estimated cost for

each of the two applications. Contractor to advise the Center if additional mulch is needed at

any site(s) at times other than the two scheduled applications. If mulch is recommended at

any site(s), contractor should present a bid to the Director of Facility Operations for review.

b. All beds and planters whether flower or shrubs shall be kept in a neat condition, edged, and

virtually free of weeds and undesirable growth at all times. Contractor to advise the Center if

any site(s) is/are in need of watering to maintain healthy plants.


c. Flowering plants and shrubs shall receive at least one phosphorus feeding while setting

blossoms. That is, azaleas, camellias and roses shall be treated “as often as necessary" for

three (3) consecutive months after blooming to maintain a healthy appearance and promote

good growth.

6.0 Grounds Keeping Services Equipment and Spare Parts

a. The Contractor shall maintain a local Grounds Keeping facility (i) adequately staffed by

trained Grounds Keeping employees, and (ii) equipped with applicable equipment and a

fully stocked inventory of spare parts for the equipment for the Contractor to perform

Grounds Keeping Services, in accordance with the t e r m s and conditions of this Contract.

b. If the Contractor uses all practical means to comply with 3.0 through 3.4 herein above, but

nevertheless is unable to complete any Grounds Keeping Services because of lack of spare

parts, the Director of Facility Operations may, upon a verbal (immediately confirmed in writing)

or written request by the Contractor, allow a longer period of time for the completion of such

services. Any such request, to be effective, must be received by the Director of Facility

Operations within the time period otherwise prescribed for the performance of such services.

The longer time period allowed by the Director of Facility Operations shall be only such time as

is necessary to obtain the necessary spare parts, (but in no event may it extend later than the first

Business Day after the date such approved services should otherwise be completed.).

6.1 Labor Hours and Time Definitions

Time designations will be as follows:

Business Day means any calendar day except Saturdays and Sundays and full day holidays, as

designated by the Center Board of Trustees.

Business Hours, unless mutually agreed upon by the parties, means 8:00 a.m. to 5:00 p.m. on

business days.

Regular Time means 8:00 a.m. through 5:00 p.m. Monday through Friday.

Emergency Time means outside of regular time. Two-hour response time required.



7.0 Work Schedules

Mow, edge, trim and rake, as applicable, all lawns, berms, assessments and ditches, in accordance

with Facility's Work Schedule. Such Grounds Keeping services may be considered as

performed weekly during the "growing season" and bi-monthly during the non-growing

season to maintain a well manicured appearance. The "growing season" shall be considered

from March 15th through October 15th. The remaining annual period represents the "non

growth season."

Work Schedules for each commercial and residential facility,

MONTH SECTION A SECTION B SECTION C

MOWING,

WEEDING AND

FERTILIZING MULCHING BEDS AND

WEEDING, LAWNS, FEEDING FLOWERING

WEEDING BEDS, BEDS SHRUBS PLANTS

TRIMMING AND (MINIMUM)

SPOT TREATMENT TREES

FOR (MINIMUM)

INSECTS AND

CLEANUP

SEPTEMBER X 4

OCTOBER X 2 X l X l

NOVEMBER X 2

DECEMBER X 2

JANUARY X 2

FEBRUARY X 2

MARCH X 2 X l X I

APRIL X 4

MAY X 4

JUNE X 4

JULY X 4

AUGUST X 4

a. Visits per month may vary plus or minus depending on additional services requested; however,

visits will be a minimum of 40 per year.

b. When services for a facility are required four (4) times a month, the services will be performed

approximately seven (7) days apart on a business day during business hours.

c. When services for a facility are required two (2) times a month, the services will be performed

approximately fourteen (14) days apart

d. Light trash pick-up shall be provided by Contractor such as picking up of paper prior to

and/or after mowing. Contractor shall place light trash in trash c o n t a i n e r at adjacent

occupied facility or remove it from the site. Contractor is a lso required to advise the

Director of Facility Operations of any heavy trash found on the properties.

8.0 Supplemental Tree Trimming

Specification Exhibit A, C.2 requires contractor to prune, shape trim and clear bushes,

hedges, shrubs and trees at least seven (7) feet from the ground. Contractor is to advise the


Center if tree trimming above this level and/or tree trimming at roofs or eaves is required. A

supplemental tree-trimming proposal/bid would be solicited for trimming the trees above the

seven (7) foot line and/or at rooflines and/or eaves. A purchase order separate from the

contract may be issued for such work.

9.0 Extra Charges

For extra Grounds Keeping service(s), if any, rendered by the Contractor in accordance with the

terms and conditions of this Contract, the Center shall pay Extra Charges to the Contractor as

follows:

a. The Contractor shall perform extra Grounds Keeping Service(s) at any Facility, if such

Grounds Keeping Service(s) are like or similar to those Grounds Keeping Services defined

in Work Schedule Section A, or an extension of those Grounds Keeping Services defined in

Work Schedule Section A, i.e., (i) replanting or replacing existing and/or perished plants,

(ii) establishing new flower beds or newly landscaped areas, upon receipt of notice from the

Director of Facility Operations requesting the performance of such Grounds Keeping

Service(s). The performance of extra Grounds Keeping Service(s) shall be performed at a

time agreed upon by the Contractor and Director of Facility Operations. A purchase order

separate from the contract may be issued prior to commencement of any such work, or

before the Contract may be increased. This may require an amendment to the Contract.

b. Contractor shall be reimbursed for any and all grass (sod and/or seed), bedding plants,

shrubs and trees authorized by the Agency. Contractor must provide documentation to

support invoices for such items.

c. If, during the Service Term of this Contract there is legislation enacted regarding an increase

or increases in the minimum wage rate law or increase mandated in Worker’s Compensation

rates by the State of Texas Board of Insurance, the Contractor may submit a request or

requests for an increase in the fees.

10.0 Additional Facility/Facilities

The Director of Facility Operations may add an additional facility or facilities to this Contract by giving

verbal (confirmed in writing) or written notification of such facility or f a c i l i t i e s to the Contractor. To

be effective the notice must describe the additional facility or facilities by name and address. The

initiation of service to the facility shall take effect upon the seventh (7th) day following the receipt of

notice by the Contractor or on such earlier date as specified therein. As of the effective date, each Facility

so added shall be subject to the Contract requirements and Proposal specifications. This will require an

amendment to the Contract.

11.0 Deletion of Facility

Any Facility subject to this Contract may be deleted from this Contract. Any such notice takes effect

upon its receipt by the contractor unless the notice provides otherwise. To be effective the notice must

describe the Facility by complete address.


X Proposal Reply –Pricing Bid Worksheet

Grounds Keeping Services

Pricing should reflect a four month cost

May 1, 2017 through August 31, 2017

1 Commercial Facilities Work Schedule Work Schedule Work Schedule

Mowing-Section A Fertilizing-Section B Mulch-Section C

Administration/MH Srv _______________ _______________ ______________

Maintenance/Challenging Behaviors _______________ _______________ ______________

Day Habilitation _______________ _______________ ______________

ECI _______________ _______________ ______________

KCF Parking Lot _______________ _______________ ______________

KCF Offices _______________ _______________ ______________

Peer Support Srv _______________ _______________ ______________

Substance Abuse Srv _______________ _______________ ______________

IDD Services _______________ _______________ ______________

Clifton Street _______________ _______________ ______________

Community Counseling Clinic _______________ _______________ ______________

Veteran's One Stop/Behavioral Justice Ctr _______________ _______________ ______________

SUB TOTAL ANNUAL (Commercial) _______________ _______________ ______________

Residential Facilities

West Ward _______________ _______________ ______________

Mountain View _______________ _______________ ______________

39th

Street _______________ _______________ ______________

43rd

Street _______________ _______________ ______________

Richland Dr _______________ _______________ ______________

SUB TOTAL ANNUAL (Residential) _______________ _______________ ______________

TOTAL ANNUAL COST FOR COMMERCIAL AND RESIDENTIAL SERVICES

$_________________________

May 1, 2017 through August 31, 2017


Proposal Reply –Pricing Bid Worksheet

Grounds Keeping Services

Pricing should reflect a 12 month cost

September 1, 2017 through August 31, 2019

Pricing to be held for initial two (2) year base period

2

Commercial Facilities Work Schedule Work Schedule Work Schedule

Mowing-Section A Fertilizing-Section B Mulch-Section C

Administration/MH Srv _______________ _______________ ______________

Maintenance/Challenging Behaviors _______________ _______________ ______________

Day Habilitation _______________ _______________ ______________

ECI _______________ _______________ ______________

KCF Parking Lot _______________ _______________ ______________

KCF Offices _______________ _______________ ______________

Peer Support Srv _______________ _______________ ______________

Substance Abuse Srv _______________ _______________ ______________

IDD Services _______________ _______________ ______________

Clifton Street _______________ _______________ ______________

Community Counseling Clinic _______________ _______________ ______________

Veteran's One Stop/Behavioral Justice Ctr _______________ _______________ ______________

SUB TOTAL ANNUAL (Commercial) _______________ _______________ ______________

Residential Facilities

West Ward _______________ _______________ ______________

Mountain View _______________ _______________ ______________

39th

Street _______________ _______________ ______________

43rd

Street _______________ _______________ ______________

Richland Dr _______________ _______________ ______________

SUB TOTAL ANNUAL (Residential) _______________ _______________ ______________

TOTAL ANNUAL COST FOR COMMERCIAL AND RESIDENTIAL SERVICES

$_________________________

September 1, 2017 through August 31, 2019


Section XI – Proposal Evaluation and Selection Process

All responses received as a result of this RFP are subject to evaluation by the Center for the purpose of

selecting the Vendor/Contractor with whom the Center may contract.

All proposals will be reviewed to determine compliance with administrative and mandatory requirements

as specified in the RFP. Proposals found not to be in compliance will be rejected from further

consideration.

The evaluators will consider how well the vendor’s proposed solution meets the needs of the Center as

described best in the Vendor’s response to each requirement and form. It is important that the responses

be clear and complete so that the evaluators can adequately understand all aspect of the proposal. The

evaluation process is not designed to simply award the contract to the lowest cost vendor. Rather, it is

intended to help the Center select the vendor, based on the needs of the Center, with the best combination

of attributes, including price, and other evaluation factors.

Following the evaluation process, a written recommendation for award shall be made to the Center’s

Board of Trustees for the Vendor/Contractor whose proposal, conforming to the RFP, will be most

advantageous to the Center, price and other evaluation factors considered.

The Center reserves the right to reject any or all proposals if a determination is made that any one or all

proposals are not in the best interest of the Center.

The Evaluation Worksheet shown as Enclosure A will be utilized to evaluate the proposers’

qualifications.



SECTION XII – ATTACHMENTS

All requirements may not be included in this section. The respondent is cautioned to read the RFP in its entirety to

determine ALL requirements. The Center reserves the right to reject a proposal that does not contain all

information and attachments required by the RFP.

A. Signature Page

B. HUB (Historically Underutilized Business) Assessment

C. Form W-9

D. Notice “Not to Participate” Form

E. Deviation Form

F. Certification Regarding Lobbying

G. Conflict of Interest Questionnaire

H. Form 1295 Certificate of Interested Parties

I. Additional Documents



Attachment A

Signature Page

Heart of Texas Region Mental Health Mental Retardation Center, in its sole and absolute

discretion, shall have the right to award contracts for any or all materials/services listed in each

proposal and shall have the right to reject any and all proposals and shall not be bound to accept

the lowest proposal and shall be allowed to accept the total proposal of any one vendor.

This submission is guaranteed as an irrevocable offer valid for one hundred twenty (120) days after

the proposal opening date.

______________________________ ______________________________

Authorized Signature Company Name

______________________________ ______________________________

Typed or Printed Name Street Address

______________________________ ______________________________

Title City, State, Zip Code

______________________________ ______________________________

Telephone Number Fax Number

______________________________

Email Address

Proposal Will Not Be Accepted If This Page Is Not Signed By The Authorized Representative


Attachment B-1

Historically Underutilized Business (HUB)/

Disadvantaged Business Enterprise (DBE)

HUB Utilization Assessment

Principal Owner Name: _________________________________________ Title: __________________________

Principal Owner Phone: _____________________________ Other Phone: ___________________________

1. If none of the below applies to your business please initial here __________, in doing so you acknowledge

that your business will NOT be considered for a Historically Underutilized Business or a Disadvantaged

Business Enterprise vendor ( you may skip questions 2 and 3).

2. Is your business primarily owned (51% or more) by an individual or individuals that can be classified in

one or more of the following groups? (Please check all that apply from the list below)

3. Is your business already certified as disadvantaged or historically underutilized?

Legal Name of your

Business: __________________________________________________________________

Address: __________________________________________________________________

City: ________________________ State: ____________________ Zip: __________

Women (Check here if you are a self

employed woman)

Black Americans

Hispanic Americans

Native Americans

Asian Pacific Americans

Asian Indian Americans

_____ Yes _____ No

If “Yes”, please indicate the name of the certifying agency: ___________________________________________

Certificate #: __________________________ Expiration Date: _____________________________

If not certified, is your business eligible for certification based on question 2 above? _____ Yes _____ No

_______________________________________________ ______________________________

Signature Date Print Name


Attachment B-2

HUB SUBCONTRACTING PLAN

HISTORICALLY UNDERUTILIZED BUSINESS

(HUB-LOI IS USED BY POTENTIAL CONTRACTOR/VENDOR TO IDENTIFY SUBCONTRACTORS

SELECTED FOR WORK ON THE CONTRACT)

Contractor _______________________________________ Vendor ID Number _________________________

Address _____________________________________ City ____________________ State _____ Zip ________

Phone _____-_____-_______ Proposal Number _____________ Contract Amount $______________________

Description of work/commodities/specifications ____________________________________________________

____________________________________________________________________________________________

Duration of Contract ____________________________________

NAME OF SUBCONTRACTOR/SUPPLIER _____________________________________________________

Address _____________________________________ City ____________________ State _____ Zip ________

Phone ____-_____-_______ Is the Subcontractor a certified HUB? _____yes _____no

If yes, enter the GSC Certificate (VID) number __________________________________

Dollar amount of contract with subcontractor $___________________________________

Percentage amount of contract with subcontractor %______________________________

Description of materials/services performed under agreement with subcontractor for amount indicated above

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

PLEASE SUBMIT A SEPARATE FORM FOR EACH SUBCONTRACTOR

______ I will not be subcontracting any work for services performed for this contract.

__________________________________ _____________________________ ___________

Signature Printed Name Date


Attachment C

Go to

https://www.irs.gov/pub/irs-pdf/fw9.pdf

and download the Form W-9 and return with the contract OR fill out the form below.

Instructions can be found at the IRS website above. In order for the Center to make a

payment to the Contractor this form must be on file.

https://www.irs.gov/pub/irs-pdf/fw9.pdf


Attachment D

Notice “Not to Participate” Form

Dear Vendor:

Please check the appropriate box below, complete the remainder of this form and RETURN PRIOR to

the scheduled due date and time on the proposal.

Our Company cannot provide the products, supplies and/or services listed in this request. Please

MOVE our name and address to the following commodities so that we may submit bids/proposal

at a later date:

Commodities: _____________________________________________________________________

Our Company has chosen NOT to submit a Proposal at this time, but would like to remain on

your list for this Proposal category. We did not submit a Proposal because:

Reason: _____________________________________________________________________________

____________________________________________________________________________________

Please REMOVE our Company name from all Heart of Texas Region MHMR lists until further

notice.

Reason: _____________________________________________________________________________

Company Name: ___________________________________________

Representative (printed): _____________________________________ Title: ____________________

Address: ___________________________________________________ Phone: ( ) ______________

Email: ________________________________ Fax ( ) _____________ Other: ( ) ______________

PLEASE RETURN THIS FORM ONLY TO: Heart of Texas Region MHMR

Attn: Lana Gann, Contracts Manager

110 S. 12th

Street

Waco, Texas 76701

[email protected] or fax to (254) 752-7421

Notice “Not to Participate” RFP 17-002 Grounds Keeping Services McLennan County

Authorized Signature: _______________________________________________________________

Title: ____________________________________________________ Date: __________________

VENDORS WHO RESPOND TO THIS INVITATION WITH A COMPLETED PROPOSAL FORM WILL REMAIN

ON OUR MAILING LIST. VENDORS MAKING NO RESPONSE MAY BE REMOVED FROM THE MAILING LIST.

Thank you for your time and assistance.



Attachment E

Deviation Form

All deviations to this RFP must be noted on this sheet. In the absence of any entry on this Deviation

Form, the prospective proposer assures the Center of their full agreement and compliance with the

Specifications and Terms and Conditions.

Each response to this RFP shall contain a Deviation Form, which states the prospective

Vendor/Contractor’s commitment to the provisions of the RFP. An individual authorized to execute

contracts must sign the Deviation Form. Any exceptions taken to the terms and conditions identified in

this proposal must be expressly stated in the Deviation Form.

THIS DEVIATION FORM MUST BE SIGNED AND SUBMITTED WITH THE RFP BY EACH

PROSPECTIVE VENDOR/CONTRACTOR WHETHER THERE ARE DEVIATIONS LISTED OR NOT.

Reference Specifications,

Terms and Conditions and

Page Number

Deviation

__________________________________________________

Company Name

__________________________________________________ ____________________

Authorized Signature Date


Attachment F

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND

COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or

an employee of any agency, a member of Congress, an officer or employee of

Congress, or an employee of a member of Congress in connection with the

awarding of any federal contract, the making of any federal grant, the making of

any federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment, or modification of any federal contract, grant,

loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to

any person for influencing or attempting to influence an officer or employee of any

agency, a member of Congress an officer or employee of Congress or an employee

of a member of Congress in connection with this federal contract, grant, loan, or

cooperative agreement, the undersigned shall complete and submit Standard Form

LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in

the award documents for all sub awards at all tiers (including subcontracts, sub

grants, and contracts under grants, loans and cooperative agreements) and that all

sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when

this transaction was made or entered into. Submission of this certification is a prerequisite

for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of

not less than $10,000 and not more than $100,000 for each such failure.

Signature Date

Print Name of Authorized Individual

Title of Authorized Individual

Organization Name


Attachment G

Conflict of Interest Questionnaire


Board of Trustees

Peter Kultgen, Chairman Judge Justin W. Lewis Waco Hillsboro

Darlene Cates Jimmie Lou Lewis Waco Meridian

Dennis Wilson, Secretary Alfredo Loredo Groesbeck Waco

De Smith Roland A. Goertz, M.D. Waco Waco

Pamelia Hunter

Waco


Center Senior Management

Barbara Tate Tom Thomas Pamela Marcum Executive Director Division Director Division Director-ECI

Ryan Adams Carey Amthor Ron Kimball CFO Division Director Division Director

Gary Collier Lana Gann Jim Newkham Information Srvs Director Director HR Director of Facilities & Fleet

Juli Ivie

Contract Coordinator

See next page for form or retrieve CIQ Form from the following website:

http://www.ethics.state.tx.us/forms/CIQ.pdf

(Attach completed CIQ Form as part of your proposal)

Box 1 and 7 are required regardless of any other entry on the form.

http://www.ethics.state.tx.us/forms/CIQ.pdf


FORM CIQ

CONFLICT OF INTEREST QUESTIONNAIRE Office Use Only

For vendor doing business with local governmental entity Date Received:__________

This questionnaire reflects changes made to the law by H.B. 23, 84

th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7

th business day after the date the vendor becomes aware of facts that require the statement to be

filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An Offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that

you file an updated completed questionnaire with the appropriate filing authority not later than the 7th

business day after the date on which you became aware that the originally filed questionnaire was

incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive

taxable income other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

6 Check this box if the vendor has given the local government officer or a family member of the officer one

or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

7

___________________________________________________ ___________________

Signature of vendor doing business with governmental entity Date Revised 11/30/15


CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at ttp://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): “Business relationship” means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or © a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B):

(C) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or

© of a family relationship with a local government officer.


Attachment H

Form 1295

Certificate of Interested Parties

To be completed once Contract is Awarded to Vendor


Attachment I

Additional Documents

All requirements may not be included in this section. The respondent is cautioned to read the RFP in its entirety to

determine ALL requirements. The Center reserves the right to reject a proposal that does not contain all

information and attachments required by the RFP.

Reminder to include:

1. Reference Information

2. Financial Information

3. Certificate of Insurance

General Liability

Worker’s Compensation

4. Copy of “Maintain Company Page” from E-Verify



Section XIII – Enclosures

A. Evaluation Worksheet B. Sample Grounds Keeping Contract



Enclosure A

Evaluation Worksheet

All responses received as a result of this RFP are subject to evaluation by the Center for the purpose of

selecting the Vendor/Contractor with whom the Center may contract.

All Proposals will be reviewed to determine compliance with administrative and mandatory requirements

as specified in the RFP. Proposals found not to be in compliance will be rejected from further

consideration. The Center will notify rejected vendors/contractors via written notice.

The evaluators will consider how well the Vendor’s proposed solution meets the needs of the Center as

described best in the Vendor’s response to each requirement and form. It is important that the responses

be clear and complete so that the evaluators can adequately understand all aspect of the proposal. The

evaluation process is not designed to simply award the contract to the lowest cost vendor. Rather, it is

intended to help the Center select the vendor, based on the needs of the Center, with the best combination

of attributes, including price, and other evaluation factors.

This worksheet is to be used to document HOTRMHMR’s evaluation of the proposers’ qualifications.

Points within the ranges specified are to be assigned to the below-listed criteria as a means for quantifying

the relative strengths and weaknesses of the various proposals. In the event that oral interviews are

necessary to break a tie or for making final clarification in the evaluation process, additional points may

be awarded. It should be understood that while the total score is a significant factor, the requester of the

services reserves the right to consider other factors in making a final selection. Not all evaluation factors

are equal in importance and each factor will be weighted during the evaluation process in accordance with

its importance to the Center.

The following will be significant factors in evaluating Proposals; the evaluation will not be limited to

these items when making a final recommendation.

Evaluation Criteria Points Range Score Notes

Price

0-10 points

Proposed Services including work plan

that best meets the needs of the Center

0-10 points

Experience, skills and qualifications of

company and staff

0-10 points

Oral Interviews (If Necessary)

Interview Points Awarded 0 - 10 points __________

Total Points ___________

Following the evaluation process, a written recommendation for award shall be made to the Center’s

Board of Trustees for the Vendor/Contractor who’s Proposal, conforming to the RFP, will be most

advantageous to the Center, price and other evaluation factors considered.

The Center reserves the right to reject any or all Proposals if a determination is made that any one or all

Proposals are not in the best interest of the Center.


Enclosure B Sample Grounds Keeping Contract

This Contract will be submitted to Contractor and executed upon acceptance of Proposal and approved by Center Board of

Trustees.

GROUNDS KEEPING MAINTENANCE AGREEMENT

THIS AGREEMENT is made and entered by and between Heart of Texas Region Mental Health

Mental Retardation Center, a community center under the provisions of chapter 534 of the Texas

Health & Safety Code Ann., (Vernon’s 2001), as amended, (the “Center”) pursuant to the authority

contained in Chapter 534 and the Center’s Board Policy and Administrative Procedures and

___________________(“Contractor”), a corporation, for the purpose of providing services currently not

available to the Center through Center’s present staff of employees.

RECITALS

WHEREAS, the Center is the designated mental health and/or mental retardation local authority

established by the State of Texas to plan, coordinate, develop policy, develop and allocate resources,

supervise, and ensure the provision of community based mental health and/or mental retardation services

for the residents of McLennan, Bosque, Hill, Limestone, Freestone, and Falls Counties; and

WHEREAS, Contractor desires to contract with the Center to provide grounds keeping services for the

various offices and residential facilities in the Center service areas in McLennan County; and

WHEREAS, this Agreement sets forth the terms and conditions evidencing the agreement of the parties

hereto;

NOW THEREFORE, in consideration of the mutual covenants, rights, and obligations set forth herein,

the benefits to be derived therefrom, and other good and valuable consideration, the receipt and

sufficiency of which are acknowledged, the parties agree as follows:

I. PERSONNEL

The Center staff member responsible for monitoring this agreement and authorized to approve billing is

Jim Newkham, Director of Facility Operations or designee.

II. INDEPENDENT CONTRACTOR RELATIONSHIP BETWEEN THE PARTIES

1. Independent Contractor. The relationship between the Center and Contractor will be that of

an independent contractor. The parties agree that none of the provisions of this Agreement are

intended to create, nor will be deemed or construed to create, any relationship between the Center

and Contractor other than that of independent parties contracting with each other to carry out this

Agreement. It is expressly agreed that Contractor and Contractor’s personnel may not for any

purposes be deemed to be an officer, employee, agent, partner, joint ventures, ostensible or

apparent agent, servant or borrowed servant of the Center. Contractor agrees that it will not hold

itself out as an agent of the Center to individuals served under this agreement or to any other

persons. Contractor agrees and understands that:

(a) Center will not:

withhold on Contractor’s behalf any sums for income tax, unemployment insurance,

social security or any other withholding under any law or requirement of any

governmental body relating to Contractor; or make available to Contractor any benefits

afforded to employees of the Center.


(b) All the payments, withholdings, and benefits, if any, are Contractor’s sole responsibility

regarding reimbursement under the Agreement; and

(c) Contractor will indemnify and hold Center harmless from any and all loss or liability

arising with respect to the payments, withholdings, and benefits, if any described in this

Agreement.

(d) In the event the Internal Revenue Service should question or challenge Contractor’s

independent status, the parties mutually agree that all parties to this Agreement will have

the right to participate in any discussion or negotiation occurring with the Internal

Revenue Service.

2. Professional Judgment. In the performance of all services under this Agreement, Contractor is

at all times acting as in independent contractor engaged in the delivery of professional services.

Contractor and its personnel will employ their own means and methods and exercise their own

professional judgment in performing the services under this Agreement. The sole concern of the

Center under this Agreement is that, irrespective of the means selected, the services will be

performed in a competent, efficient and satisfactory manner in compliance with the policies and

procedures of the Center and HHSC.

III. OBLIGATIONS OF CONTRACTOR

1. Services. The services to be provided and performed by Contractor as set forth in Exhibit A.

2. Qualifications. Contractor’s professional and educational qualifications and any additional

required documentation are set forth in Exhibit D.

3. Center Approval of Contractor Personnel. Contractor agrees not to subcontract or assign any

services without the prior written approval of Center. Contractor hereby assumes full responsibility for

the acts of its subcontractors or employees in the performance of services under this Agreement.

4. Representations.

(a) Contractor agrees that it shall comply with all applicable policies of the Center and all

applicable local, state, and federal laws and regulations now in effect and that become

effective during the term of this Agreement.

(b) Contractor represents and warrants that its employees or personnel are not currently

employees of the Center.

(c) Contractor represents and warrants that it is not indebted to the State of Texas for any

reason including tax delinquency (Texas Government Code §403.055); and is not more

than 30 days delinquent in child support payments is eligible to receive payments from

state funds as required by Texas Family Code §231.006.

(d) The Contractor represents that it has full power and authority to enter into this

Agreement.

5. Receipts and Retention of Records. Contractor agrees to provide the Center, upon request, with

original receipts for the purchases of all goods and services involving the use of Center funds as well as

all other financial and supporting documents and statistical records. Contractor shall retain these and any

other records pertinent to the services for which a claim or cost report was submitted to the Center and all

other records relating to this Agreement for a period of six (6) years.


6. Disclosure. Contractor agrees to disclose to the Center if it or any of its subcontractors or

employees rendering services to an individual pursuant to this Agreement is currently barred from the

award of a federal or state contract, or if such occurs anytime during the term of this Agreement.

7. Immigration Reform and Control Act. Contractor agrees to maintain appropriate identification

and employment eligibility documents to meet requirements of the Immigration Reform and Control Act

of 1986. Contractor further agrees to utilize the U.S. Department of Homeland Security’s E-Verify

system (www.dhs.gov/E-Verify) to determine the eligibility of all persons assigned to perform work

pursuant to the Agreement.

8. AIDS/HIV Guidelines. Contractor agrees to adopt and implement AIDS/HIV workplace

guidelines similar to those adopted by the DSHS, and AIDS/HIV confidentiality guidelines, consistent

with state and federal law. A link to the Model Workplace Guidelines can be found on the Texas

Department of Health legacy website at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm.

9. Report of Abuse and Neglect. Contractor must report to the Department of Family and

Protective Services (at 800-647-7418) and to the Center’s Consumer Rights Protection Officer (254-297-

7026) allegations of abuse, neglect and exploitation in compliance with federal and state law, and

Center’s policies and procedures. Reporting to the Centers Consumer Rights Protection Officer shall

include those allegations, confirmed or otherwise, which effect all individuals being served by the

Contractor whether under this Agreement or not.

10. Conviction Disclosure. Contractor certifies that he/she has not been convicted of any crime

related to any state or federally funded program. The Contractor agrees to provide to the Center any

information necessary to obtain or regarding criminal history record information/conviction data on

Contractor or any of Contractor’s employees or subcontractors whose duties place them in direct contact

with consumers in accordance with Texas Health and Safety Code Ann. §533.007 (Vernon 1992) and

Chapter 250, the Texas Government Code 411.115, and 25 Texas Administrative Code Chapter 414,

Subchapter K. Should Contractor, employee or subcontractor have a relevant criminal history/conviction

then Contractor shall immediately remove the person from any direct contact with consumers. If

Contractor or employee has such a conviction, and Contractor fails to remove such employee or

subcontractor, then this Agreement may be terminated without prior notice.

11. Contractor’s Governing Body. Contractor agrees to provide Center with a list of the members

of Contractor’s governing body, if applicable.

12. Confidentiality of Records of Individuals Serviced by this Agreement. Contractor agrees to

keep all client information confidential in accordance with all applicable state and federal laws, statutes,

and regulations protecting the confidentiality of such information.

13. Access. Pursuant to Health and Safety Code §534.060, Contractor agrees to allow the Center, its

representatives, including independent financial auditors, or other authorized governmental agencies

unrestricted access to all facilities, data, and other information under the control of the Contractor, as

necessary, to enable the appropriate State agencies or the Center to audit, monitor, and review all

financial or programmatic activities in services associated with this Agreement.

14. Retention of Records. Contractor agrees to retain all records pertaining to this Agreement that

are subject of pending litigation or an audit until the litigation and any appeal thereof has ended or all

questions pertaining to the audit are resolved. In addition, Contractor shall retain for six (6) years

following the expiration or termination of the Agreement or for a longer period if required by statute or

regulation, all documents required under this Agreement.


15. Overpayment Recovery. Contractor agrees the Center may recover improper payments when it

is verified that Contractor has been overpaid because of improper billing or accounting practices or failure

to comply with the Agreement terms, and repayment will be claimed at the proportional rate of payment

for such services. The determination of impropriety is based on federal, state and local laws and rules,

state or local authority procedures, Agreement provisions, or statistical data on program use compiled

from paid claims and other sources of data.

16. Tobacco-Free Policy. The Center has adopted a tobacco-free policy beginning September 1,

2014, for all the Center’s facilities, whether leased or owned, including parking lots and driveways.

Contractor agrees to comply with the tobacco-free policy when on the Center’s property.

IV. RESPONSIBILITIES OF THE CENTER

1. Payment.

(a) In consideration of the obligations undertaken by Contractor, the Center agrees to pay

Contractor for services provided (Exhibit A) and verified in accordance with the fee schedule

attached as Exhibit C, for an amount not to exceed ($XXXXXX) XXXXXXXXXX and

XXXXX dollars and XXXXXXXX cents for term of this Agreement.

This Agreement is at all times contingent upon availability and receipt of state funds the

Center has allocated to this Agreement, and if funds for this Agreement become unavailable

during any budget period, this Agreement may be immediately terminated or reduced at the

discretion of the Center.

(b) Payment will be made on a monthly basis as outlined in Exhibit C and shall be based upon

services provided by Contractor as reflected in Exhibit A and contingent upon a completed

signed work order and/or invoice approved either by the Executive Director, or by the Center

employee authorized to approve billing as set forth in Section I Personnel.

(c) Payment for services is conditioned upon the Contractor completing the documentation

necessary for the Center to process the invoice/claim(s). Such documentation must be

complete, legible and properly signed with title, date and time as required. The content must

meet standards, reporting requirements and rules set forth by DSHS and/or the Center.

(d) The Center may agree to pay the Contractor for other expenses that are incurred in

performing services authorized by this agreement as specified in writing and approved by the

Executive Director and/or by the Center employee authorized to approve billing as set forth

in Section I Personnel. Any additional expenses not outlined in this Agreement must be

requested in advance of the Contractor incurring the expense. If prior written approval is

not obtained expenses may not be paid. The Center’s Executive Director will have

authorization to approve any unauthorized expenses. (e) In the event the Contractor receives OVERPAYMENT of services provided, Contractor and

Center mutually agree that such identified overpayment will be deducted in total from the

next month’s reimbursement unless otherwise agreed upon in writing by Center’s Executive

Director.

2. Staff and Facilities. The Center agrees to allow Contractor the use of its staff and facilities

necessary for carrying out the services provided by the Contractor.

3. Franchise Tax. If Contractor is a corporation and becomes delinquent in the payment of its

Texas franchise tax, then payments to the Contractor due under this Agreement may be withheld until

such delinquency is remedied.

4. No Guarantee of Utilization. Authority does not guarantee any level of utilization, service

provision or revenue, with regard to this Agreement.


5. Work Schedule Flexibility. The Center agrees that any work schedule established will be as

contractually agreed by both parties and said schedule may be altered by either party with sufficient

notice when necessary.

6. Contract Monitoring. The Center is responsible for routine monitoring of this Agreement to

ensure the Contractor complies with the terms of this Agreement and to ensure that outcomes are

appropriately managed. The criteria for such monitoring will be provided to Contractor upon request.

7. Reporting of Payments. The Center shall file applicable reports of payment for services

pursuant to this Agreement with the appropriate State agencies and the Internal Revenue Service, as

required by law.

V. INSURANCE

1. Policies, Coverage and Endorsements. Contractor agrees to maintain, at its sole cost and expense,

policies of general and professional liability insurance coverage with limits in the amount of at least

$2,000,000 general aggregate and $1,000,000.00 each occurrence in order to insure Contractor and Center

against any claim for damages arising in connection with Contractor’s responsibilities under this

Agreement. If Contractor has employees, workers’ compensation insurance with the statutory

requirements must be provided for its employees. Automobile liability policies of insurance coverage

with limits in the amount of not less than the minimum amount required by Texas law if services

involve transporting clients.(Detailed requirements are available upon request)

2. Insured Parties. All policies excluding professional liability and workers’ compensation shall

contain a provision naming the Center (and its officers, agents and employees) as Additional Insured

parties and the Certificate Holder on the original policy and all renewals or replacements during the term

of this Agreement.

3. Subrogation. All policies must contain a Waiver of Subrogation endorsement to the effect that the

issuer waives any claim or right in the nature of subrogation to recover against Center, its officers, agents

or employees.

4. Proof of Insurance. The policies, coverage’s and endorsements required by this provision shall

be shown on a Certificate of Insurance on which the Center must be listed as an Additional Insured Party

(excluding professional liability and workers’ compensation) and the Certificate Holder. The Center

reserves the right to request copies of all insurance policies and applicable endorsements. The Center

may withhold payments under the terms of this Agreement until the Contractor furnishes the Center

copies of all Certificate of Insurance or requested copies of all insurance policies and applicable

endorsements from the insurance carrier or carriers showing that such insurance is in full force and effect.

5. Cancellation. New Certificates of Insurance shall be furnished to the Center at the renewal date

of all policies named upon these Certificates. Contractor shall give the Center thirty (30) days prior

written notice of any proposed cancellation of any of the above described insurance policies.

6. Self Insured. Contractors that are self-insured through their own Self-Insurance Program must

comply with the regulations applicable to the Contractor and shall furnish appropriate evidence to the

Center of the existence of such coverage for the services being provided to the Center.

VI. INDEMNIFICATION

Except where prohibited by Title V of the Texas Civil Practice and Remedies Code, Vernon’s Texas

Codes Annotated, or by other state law, Contractor shall indemnify and hold harmless the Center, its

board, officers, employees, and agents from all suits, actions, claims costs of liability of any character,


type of description, including attorneys’ fees and legal expenses, brought, made for or on account of any

death, injury or damage received or sustained by any person or property arising out of or occasioned by

the negligent or wrongful acts or omissions of Contractor or Contractor’s agents or employees in the

execution or performance of this Agreement.

It is understood by Contractor that this “hold harmless” clause means that if the Contractor is negligent in

any of its duties and any damage, death or injury occurs as a result of this negligence, the Contractor will

be responsible for any costs resulting from the damage, death or injury.

VII. TERM AND TERMINATION

1. Term. The term of this Agreement is XXXXXX XX, XXXX through XXXXXX XX,XXXX.

In the event the Center and Contractor are still negotiating, preparing, and/or reviewing the services

or Contractor for renewal on the XXXXXX XX,XXXX termination date, this Agreement shall

automatically extend for 60 days or until such time as a renewal Agreement is approved by the

Executive Director whichever comes first.

2. Immediate Termination. The Center may terminate this Agreement immediately if (a) the

Center does not receive the funding to pay for designated services under this Agreement*; (b) Center has

cause to believe that termination of the Agreement is in the best interests of the health and safety of the

persons served under this Agreement; (c) Contractor has become ineligible to receive Center funds; (d)

Contractor or its employees has its Texas license or other necessary license or certification suspended or

revoked; (e) in the case of contractors providing direct services to consumers, failure to disclose criminal

conviction; (f) the Contractor submits falsified documents or fraudulent billings or if the Contractor

makes false statements or (g) failure to follow credentialing requirements.

*Fund Availability. This Agreement is at all times contingent upon the availability and receipt of

state or federal funds that Center has allocated to this Agreement, and if funds for this Agreement

become unavailable during any budget period, this Agreement may be immediately terminated or

reduced at the direction of the Center.

3. Termination Upon Default. Either party may terminate this Agreement after sixty (60) days

written notice if the other party is in default of any of the provisions herein.

4. Termination Without Cause. This Agreement may be terminated by either party, without cause,

after thirty (30) days written notice to the other party.

5. Termination by Mutual Consent. This Agreement may be terminated by the mutual consent of

both parties.

6. Termination due to HIPAA/Privacy Rule Violation. Center shall have the right to take the

following steps in the event that it becomes aware of a material breach by Contractor of the Center’s

Privacy Policy, Procedures, and/or Practices or becomes aware that the Contractor has violated material

provision of the HIPAA Privacy Rule or a provision of Section III.12 of this Agreement:

(a) Provide the Contractor with the opportunity to cure the breach or violations, or

(b) Immediately terminate the Agreement if Contractor is unable or unwilling to cure the breach

or violations, or

(c) If neither termination nor cure is feasible the Center shall report the violation to Health and

Human Services.

7. Dispute Resolution. In the event a dispute arises between the parties involving the provision or

interpretation of any term or condition of this Agreement, and both parties desire to attempt to resolve the


dispute prior to termination or expiration of the Agreement, or withholding payments, then the parties

may refer the issue to a dispute resolution panel composed of at least three (3) persons selected by the

Center’s Executive Director or designee and adhere to the following steps:

(a) At least one member of the panel must be an employee or designee of the Contractor and at

least one member must be an employee of the Center.

(b) The panel shall hold a conference within the time period specified by the Center’s Executive

Director or designee.

(c) The panel shall make written recommendations concerning the resolution of the dispute based

upon information presented by the Center and Contractor.

(d) The recommendation shall be submitted to the Contractor within the specified time frame.

(e) The Center’s Executive Director or designee serves as the final authority in the resolution

process and may accept or reject all or part of the panel’s recommendations.

(f) Contractor shall be notified of the Center’s Executive Director or his designee’s final

determination in writing.

VIII. MISCELLANEOUS

1. Nondiscrimination. Each party of this Agreement agrees that no person, on the basis of race,

color, national origin, religious, sex, sexual orientation, age disability, or political affiliation, will be

excluded from participation, be denied the benefits of, or be subject to discrimination in the provision of

any services hereunder. The parties hereto agree to comply with the Civil Right Act of 1964, the

Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Civil Rights

Act of 1991, and the Age Discrimination in Employment Act of 1967, all amendments to each and all

requirements imposed by the regulations issued pursuant to these acts.

2. Corporate Compliance. Center has an ongoing commitment to ensure that its affairs are

conducted in accordance with applicable law and sound ethical business practice. Contractor agrees to

adopt and implement a Business Code of Conduct and Corporate Compliance similar to those adopted by

the Center and consistent with state and federal law. Contractor shall develop and implement a process

for its employees and contractors to report possible compliance issues including a process for such reports

to be fully and independently reviewed.

3. Professional Conduct. During the term of this Agreement, Contractor shall not engage in a

business, calling, treatment, conduct or enterprise which is or may be in Center’s sole discretion, contrary

to the interest, benefit or reputation of the Center. Contractor will conduct his/her relationships with

Center and its employees and consumers referred by Center in a professional and positive manner and not

make untruthful or otherwise disparaging statements regarding his/her relationship with Center, its

employees or consumers served.

4. Lobbying and Political Activity. Center will request Contractor to submit a completed

Certification Regarding Lobbying form upon execution of this Agreement. As required by 31 USC

§1352 and UGMS, Contractor shall not use funds received under this Agreement to pay any person for

influencing or attempting to influence an officer or employee of any agency, federal or state, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection

with the awarding of any contract or grant an extension, continuation, renewal, amendment or

modification of any contract or grant.

5. Amendment. Unless otherwise specifically provided herein, this Agreement may be amended or

changed only by mutual written consent of an authorized representative of the Center and Contractor.

6. Entire Agreement. This agreement constitutes the sole and only agreement of the parties

hereto and supersedes any prior understandings, written or oral agreement between the parties respecting

the subject matter herein.


7. Additional Requirements. If Contractor is required to comply with an additional requirement

pursuant to compliance with standards, regulations, resolutions, settlements, or plans, and compliance

results in a material change in Contractor’s rights obligations under the Agreement or places a significant

financial burden on the Contractor, the Contractor may, upon giving sixty (60) days written notice of such

intention, be entitled to renegotiate the Agreement.

8. Governing Law and Venue. This Agreement shall be construed and enforced in accordance

with the laws of the State of Texas, and venue shall lie in McLennan County, Texas.

9. Notices. Any required notice shall be in writing and shall be sent, postage prepaid, by certified

mail, return receipt required, to Center or Contractor at the address below. This notice shall be effective

on the date of delivery indicated on the return receipt.

If to the Center: If to Contractor:

Barbara Tate, Executive Director XXXXXXXXX

Heart of Texas Region MHMR XXXXXXXXX

P. O. Box 890 XXXXXXXXX

Waco, Texas 76703-0890 XXXXXXXXX

10. Severability. The invalidity or unenforceability of any term or provision hereof shall not affect

the validity or enforceability of any other term(s) or provision(s).

11. Authority to Bind Center. This Agreement is not binding upon the Center unless and until it

has been executed by the Executive Director or designee.

12. Contractor’s Authority. The person executing and signing this Agreement on behalf of the

Contractor guarantees that they have been fully authorized by the Contractor to execute the Agreement

and to legally bind the Contractor to all the terms and provisions of the Agreement.

13. Exhibits. All Exhibits referred to in this Agreement and attached hereto are incorporated herein

by reference.



Entered into and effective the XX day of XXXXXXX XX,XXXX.

Reporting Unit Numbers

To Be Charged Against _______________________________________

RU No. % or $ Contractor Date

XX XXXXX

_______________________________________

Director Facility Operations Date

_______________________________________

Chief Financial Officer Date

_______________________________________

Executive Director Date



Exhibit A

Scope of Work

A. Mow, edge, trim and rake, as applicable, all lawns, berms, assessments and ditches, in

accordance with each Facility's Work Schedule. Such Grounds Keeping services may be

considered as performed weekly during the "growing season" and bi-monthly during

the non-growing season to maintain a well manicured appearance. The "growing

season" shall be considered from March 15th through October 15th. The remaining annual

period represents the "non growth season."

Work Schedules for each commercial and residential facility,

MONTH SECTION A SECTION B SECTION C

MOWING,

WEEDING AND

FERTILIZING MULCHING BEDS AND

WEEDING, LAWNS, FEEDING FLOWERING

WEEDING BEDS, BEDS SHRUBS PLANTS

TRIMMING AND (MINIMUM)

SPOT TREATMENT TREES

FOR (MINIMUM)

INSECTS AND

CLEANUP

SEPTEMBER X 4

OCTOBER X 2 X l X l

NOVEMBER X 2

DECEMBER X 2

JANUARY X 2

FEBRUARY X 2

MARCH X 2 X l X I

APRIL X 4

MAY X 4

JUNE X 4

JULY X 4

AUGUST X 4

a. Visits per month may vary plus or minus depending on the additional services requested;

however, visits will be a minimum of 40 per year.

b. When services for a facility are required four (4) times a month, the services will be performed

approximately seven (7) days apart on a business day during business hours.

c. When services for a facility are required two (2) times a month, the services will be performed

approximately fourteen (14) days apart

d. Light trash pick-up shall be provided by Contractor such as picking up of paper prior to

and/or after mowing. Contractor shall place light trash in trash c o n t a i n e r at adjacent

occupied facility or remove it from the site. Contractor is a lso required to advise the

Director of Facility Operations of any heavy trash found on the properties.


B. General Requirements

1. Grounds Keeping Services for these facilities shall commence upon the date specified in the

executed contract requesting performance of such Grounds Keeping Services.

2. The Contractor’s employees will be trained in the various disciplines of grounds keeping services

in a good and workmanlike manner meeting the highest standards for service of like kind.

3. A trained supervisor or lead with expertise in grounds keeping services shall be present at each

Facility during the Contractor's performance of such services

4. The telephone number for the Contractor's establishment for Grounds Keeping services during

Business Hours on Business Days shall be provided to the Contract Coordinator. A change of the

then current telephone number shall immediately be confirmed in writing to the Contract

Coordinator. The Agency may terminate this Contract upon the Contractor's failure to comply

with such notification to the Contract Coordinator.

5. The Contractor shall immediately give verbal notice (confirmed in writing within 24 hours) to

the Contract Coordinator of any damage to the Center’s equipment, buildings, furnishings or

property caused by the Contractor or of any damage to third party property during the course

of carrying out work for t h e C e n t e r .

6. The Contractor shall perform the following Grounds Keeping Services for each Facility, in

accordance with the applicable Facility's Work Schedule defined in sections IX, 7 below,

unless the Contractor receives notice from the Center’s Director of Facility Operations or

designee changing or canceling any or all such services. Services are to be performed during

business hours on business days during the Service Terms of this Contract unless otherwise

directed or approved by the Center.

7. Contractor shall furnish within 48 hours a written confirmation of all scheduled work

completed to the Contract Coordinator. This may be in a simple form faxed or emailed. This is

to include all items listed in Specification Exhibit.

Invoices will be not be paid when documentation is not received.

Email to [email protected] or fax to the Attn: Juli at (254) 752-7421.

C. General Lawn Maintenance

1. Mow, Edge, Trim and Rake

Mow, edge, trim and rake, as applicable, all lawns, berms, assessments and ditches, in

accordance with each Facility's Work Schedule. Such Grounds Keeping services may be

considered as performed weekly during the "growing season" and bi-monthly during the

“non-growing season” to maintain a wellmanicured appearance. The "growing season" shall

be considered from March 15th through October 15th. The remaining annual period

represents the "non growth season."

Edging, trimming and raking shall include those areas not accessible to mowers, for the

well-manicured look, i.e., abutting buildings, curbs, drives, fences, flower beds, parking

areas, sprinkler heads, trees, walk ways and any other area at any Facility which requires

Grounds Keeping services in accordance with the Contract.

2. Pruning

Bushes, hedges, shrubs and trees, of any height shall be pruned, shaped, trimmed and cleared

at least seven (7) feet from the ground, as necessary, to maintain a well-groomed appearance.



Such pruning, etc., also serves to prevent the obstruction of parking, walking areas, irrigation

and plumbing systems, and damage to roofs and eaves.

3. Removal of Weeds

Weed Control shall be exercised on an each visit basis to all lawns, beds, berms,

assessments, ditches and paved areas such as parking lots and s i d e w a l k s .

4. Clean Up

The Contractor, during its performance of Grounds Keeping Services, shall collect and bag all

excess grass cuttings, general trash, leaves and any/or all other cuttings and debris from the

entire outside area of each Facility. The outside area shall include the parking and walking

areas. Bagged trash shall be disposed of by the Contractor in trash containers located in the trash

collection area of the applicable facility or disposed of offsite. Major debris such as tree limbs or

extensive cuttings shall be disposed of offsite so as not to fill up on site waste collection

containers.

D. Fertilizing, Spraying, Watering and Weeding

1. Lawns shall be fertilized and treated for weeds twice a year. Contractor to advise the Center if

any site(s) need(s) to be fertilized or treated for weeds, other than as scheduled, to maintain a

healthy appearance and promote good growth. Fertilizers and sprays shall meet acceptable

OSHA standards. The fall application of fertilizers and sprays shall contain fungicides to combat

diseases in the turf, e.g. Saint Augustine decline, etc.

2. Ground covers, hedges, shrubs and trees shall be fertilized and sprayed at each Facility, in

accordance with the applicable Facility's Work Schedule defined in 7.0 herein below.

Such services herein are required to prevent fungus and insect infestation, thereby

maintaining healthy plants and promoting good growth.

3. Insecticides shall be applied at each site as needed to control ants, chinch bugs, grub worms,

sod grass, and any lawn and ornamental pests.

4. MSDS sheets must be provided to the Center for all pesticides or any chemicals being used

at the Center’s Facilities.

5. If watering of grounds is required at any site(s), contractor shall apprise the Center of the

need in a timely manner and shall provide the proposed number of man-hours to accomplish

the task. Contractor is not required to install or maintain irrigation systems within this

contract's scope of work.

E. Feeding and Mulching

1. All flower and shrub beds shall be mulched in March and October (of each service year)

with composted materials. Prior to application the Contractor will be required to inform the

Director of Facility Operations how much mulch will be needed and the estimated cost for

each of the two applications. Contractor to advise the Center if mulch is needed at any site(s)

at times other than the two scheduled applications. If additional mulch is recommended at

any site(s), contractor should present a bid to the Director of Facility Operations for review.

2. All beds and planters whether flower or shrubs shall be kept in a neat condition, edged, and

virtually free of weeds and undesirable growth at all times. Contractor to advise the Center if

any site(s) is/are in need of watering to maintain healthy plants.


3. Flowering plants and shrubs shall receive at least one phosphorus feeding while setting

blossoms. That is, azaleas, camellias and roses shall be treated “as often as necessary" for

three (3) consecutive months after blooming to maintain a healthy appearance and promote

good growth.

F. Grounds Keeping Services Equipment and Spare Parts

1. The Contractor shall maintain a local Grounds Keeping facility (i) adequately staffed by

trained Grounds Keeping employees, and (ii) equipped with applicable equipment and a

fully stocked inventory of spare parts for the equipment for the Contractor to perform

Grounds Keeping Services, in accordance with the t e r m s and conditions of this Contract.

2. If the Contractor uses all practical means to comply with 3.0 through 3.4 herein above, but

nevertheless is unable to complete any Grounds Keeping Services because of lack of spare

parts, the Director of Facility Operations may, upon a verbal (immediately confirmed in writing)

or written request by the Contractor, allow a longer period of time for the completion of such

services. Any such request, to be effective, must be received by the Director of Facility

Operations within the time period otherwise prescribed for the performance of such services.

The longer time period allowed by the Director of Facility Operations shall be only such time as

is necessary to obtain the necessary spare parts (but in no event may it extend later than the first

Business Day after the date such approved services should otherwise be completed.).

G. Labor Hours and Time Definitions

Time designations will be as follows:

Business Day means any calendar day except Saturdays and Sundays and full day holidays, as

designated by the Center Board of Trustees.

Business Hours, unless mutually agreed upon by the parties, means 8:00 a.m. to 5:00 p.m. on

business days.

Regular Time means 8:00 a.m. through 5:00 p.m. Monday through Friday.

Emergency Time means outside of regular time. Two-hour response time required.

H. Supplemental Tree Trimming

Specification Exhibit A, Section C.2 requires contractor to prune, shape trim and clear

bushes, hedges, shrubs and trees at least seven (7) feet from the ground. Contractor is to

advise the Center if tree trimming above this level and/or tree trimming at roofs or eaves is

required. A supplemental tree-trimming PROPOSAL would be solicited for trimming the

trees above the seven (7) foot line and/or at rooflines and/or eaves. A purchase order

separate from the contract may be issued for any such work.

I Extra Charges

For extra Grounds Keeping service(s), if any, rendered by the Contractor in accordance with the

tem1s and conditions of this Contract, the Center shall pay Extra Charges to the Contractor as

follows:

1. The Contractor shall perform extra Grounds Keeping Service(s) at any Facility, if such

Grounds Keeping Service(s) are like or similar to those Grounds Keeping Services defined


in Specification Exhibit A, or an extension of those Grounds Keeping Services defined in

Specification Exhibit A, i.e., (i) replanting or replacing existing and/or perished plants, (ii)

establishing new flower beds or newly landscaped areas, upon receipt of notice from the

Director of Facility Operations requesting the performance of such Grounds Keeping

Service(s). The performance of extra Grounds Keeping Service(s) shall be performed at a

time agreed upon by the Contractor and Director of Facility Operations. A purchase order

separate from the contract may be issued prior to commencement of any such work, or

before the Contract may be increased. This may require an amendment to the Contract.

2. Contractor shall be reimbursed for any and all grass (sod and/or seed), bedding plants,

shrubs and trees authorized by the Center. Contractor must provide documentation to support

invoices for such items.

3. If, during the Service Term of this Contract there is legislation enacted regarding an increase

or increases in the minimum wage rate law or increase mandated in Worker’s Compensation

rates by the State of Texas Board of Insurance, the Contractor may submit a request or

requests for an increase in the fees.

J Additional Facility/Facilities

The Director of Facility Operations may add an additional facility or facilities to this Contract by giving

verbal (confirmed in writing) or written notification of such facility or f a c i l i t i e s to the Contractor. To

be effective the notice must describe the additional facility or facilities by name and address. The

initiation of service to the facility shall take effect upon the seventh (7th) day following the receipt of

notice by the Contractor or on such earlier date as specified therein. As of the effective date, each Facility

so added shall be subject to the Contract requirements and Proposal specifications. This will require an

amendment to the Contract.

K. Deletion of Facility

Any Facility subject to this Contract may be deleted from this Contract. Any such notice takes effect

upon its receipt by the contractor unless the notice provides otherwise. To be effective the notice must

describe the Facility by complete address.



EXHIBIT B

List of Facilities for McLennan County

The following locations are where Grounds Keeping Services are to be performed:

A. Commercial Facilities Address

Administration/MH Services 110 S. 12th Waco 76701

Maintenance Offices / Challenging Behaviors 300 S. 4th Waco 76701

Day Habilitation 312 S. 4th Waco 76701

ECI Offices 324 S. 4th Waco 76701

KCF Parking Lot 1023 Jefferson Waco 76701

KCF Offices 1105 Jefferson Waco 76701

Peer Support Services 2111 Austin Ave Waco 76701

Substance Abuse Services 2220 Austin Waco 76701

IDD Services 3420 W. Waco Drive Waco 76701

Clifton Street 1200 Clifton St Waco 76704

Community Counseling Clinic 2800 Lyle Ave Waco 76708

Veteran's One Stop/Behavioral Justice Center 2010 LaSalle Waco 76706

B. Residential Facilities Address

West Ward 108 West Ward Waco 76706

Mountain View 1806 Mountain View Waco 76710

39th Street 2323 N. 39th Street Waco 76708

43rd

Street 2820 N 43rd St Waco 76710

Richland Dr. 517 Richland Dr Waco 76710


EXHIBIT C

FEE SCHEDULE

Rate, Amount and Frequency of Payment

Contractor Rate per Facility

See Rates Per Facility Per Service In Exhibit A*

Contract shall not exceed

$XXXXX.XX **

for FY 17 - ending 8/31/17

*Rates based on all services performed according to Service Schedules in Exhibits A.

**Any amounts over dollars listed MUST be approved PRIOR to work performed.

ANY WORK NOT COMPLETED AS SCHEDULED WILL NOT BE PAID!

FREQUENCY OF PAYMENT:

1. Payment. At the end of each calendar month during the term of this Agreement,

Contractor shall submit by the 15th of the following month to the Center all

documentation supporting any claim to compensation contemplated by the

provisions of this Agreement. Within fifteen (15) days after receipt thereof, the

Center shall deliver to Contractor the fee for that month as determined above.

2. Payment delay. Failure to accurately complete documentation and/or submit your

documentation of failure to comply with all terms of this Agreement will result in

delay of payment. Invoices for services received later than 45 days after the end of

the month in which the services were rendered will not be paid.

3. Overpayment. In the event the Contractor receives overpayment of services

provided, Contractor and Center mutually agree that such identified overpayment

will be deducted in total from the next month’s reimbursement unless otherwise

agreed upon in writing by Center’s Executive Director.

4. Additional Expenses. Any additional expenses not outlined in this Agreement must

be requested in advance of the Contractor incurring the expense. If prior written

approval is not obtained expenses may not be paid. The Center’s Executive

Director will have authorization to approve any unauthorized expenses.



EXHIBIT D

QUALIFICATIONS OF CONTRACTOR

Please provide documentation of the following:

1. W-9

2. Certificate of Insurance as outlined in Agreement.

3. Signed Certification Regarding Lobbying.

4. Signed Certification Regarding Conflict of Interest

5. Signed Acknowledgement of the following:

a. Consumer Rights handbook.

b. Center’s Code of Conduct and Corporate Compliance Handbook.

c. Center policy on reporting Abuse and Neglect and Exploitation with reporting procedures and

definitions of abuse, neglect and exploitation.

d. Center’s procedure for Confidentiality.

e. Center’s Contractor Training Manual.

f. Criminal History Clearance Information.

g. Information regarding E-Verify including website information www.dhs.gov/E-Verify


http://www.dhs.gov/E-Verify

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