Loading...
R2023-104 2023-05-08RESOLUTION NO. R2023-104 A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for the purchase of an autonomous field painter from Turf Tank (Sports Complex at Shadow Creek Ranch, Phase II), in the estimated amount of $52,700.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to Section 252.022 (a) (7) of the Texas Local Government Code, the City may procure products that are available from only one source. Section 2. That the City Council hereby awards a contract for the purchase of an autonomous field painter to Turf Tank. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of an autonomous field painter. PASSED, APPROVED and ADOPTED this the 8th day of May, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 6F704F1B-E404-40D7-BE92-58353B87BDF9 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 6 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. S0423-11 TURF TANK FIELD MARKING EQUIPMENT THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Contractor (“Contractor"), and consisting of the following parts: I.Summary of Contract Terms II.Signatures III.Standard Contractual Provisions IV.Special Terms and Conditions V.Additional Contract Attachments I.Summary of Contract Terms. Contractor:Turf Tank 3330 Cobb Parkway NW, Suite 324-380 Actworth, GA 30101 Description of Supplies: Turf Tank Field Marking Equipment Contract Amount: $52,700 Effective Date: May 9, 2023 End Date: May 8, 2024 Renewals: 0 Resolution No/Bid No : R2023- , Quote Reference #20230307-192604930 II.Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by:Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority:Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Account Manager 4/25/2023 Emily Thuss - Turf Tank DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3ED VP of Sales & Marketing - North America 5/1/2023 DocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 5/9/2023 | 9:08 AM CDT 5/9/2023 | 10:58 AM CDT Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 6 III.Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies (“Supplies”) in response to Request for Bid/Proposal or Quote Reference #20230307-192604930 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract is for one year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to zero additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Contract is for an amount not to exceed $52,700.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Morgan Early Department: Engineering and Public Works – Capital Projects Phone: 281.652.1734 Email: mearly@pearlandtx.gov 5.Insurance; Bonds. (A)Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material change in DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 6 coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10 ) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B)I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract y. 6.Purchase Release Order. For multiple-release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. 9.Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10.Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11.Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 6 under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12.Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13.Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15.Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Morgan Early Title: Project Manager Address: 2016 Old Alvin Road, Pearland, Texas 77581 Phone: 281.652.1734 IF TO CONTRACTOR: Turf Tank Attn: Tonnell Wilson Title: Account Representative Address: 3330 Cobb Parkway NW, Suite 324 -380, Actworth, GA 30101 Email: tonnell.wilson@turftank.com 16.Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 17.Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 6 bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 18.Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 19.Termination. (A)City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. (B)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by writte n notice to the other party, specifying the date of termination. Termination of this Contract pursuant to this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 20.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22.Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 23.Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Contract (excluding attachments and exhibits); DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 6 B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 25.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by City Council. 26.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 27.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29.Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV.Special Terms and Conditions. None. V.Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. Quote Reference #20230307-192604930 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 ATTACHMENT A – SCOPE OF WORK Vendor shall provide Turf Tank field marking equipment per the guidelines of: Quote Reference #20230307-192604930 DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 ATTACHMENT B – BID/PRICING SCHEDULE See attached Quote Reference #20230307-192604930 DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 ATTACHMENT C – INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers’ Compensation Employers’ Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30- day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a)Premises/Operations b)Products/Completed Operations c)Independent Contractors d)Personal Injury e)Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a)Owned/Leased vehicles b)Non-owned vehicles c)Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids@pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # Company: Signature and PrintedName: Intelligent Marking USA Inc. dba Turf Tank Deal ID# 3328175588 Emily Thuss DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Pearland Park and Rec. - Outright Purchase 2023 [TX] Pearland Parks And Recreation 3519 Liberty Dr. Pearland, TX 77581 United States Kevin Carter Parks & Natural Resources Superintendent kcarter@pearlandtx.gov (281) 412-8900 Reference: 20230307-192604930 Quote created: March 7, 2023 Quote expires: June 5, 2023 Quote created by: Tonnell Wilson tonnell.wilson@turftank.com Products & Services Item & Description SKU Quantity Unit Price Total US - Turf Tank Plus Package - Outright Purchase 1 $51,000.00 $51,000.00 US - Turf Tank Plus Package - Customer Care Plan 1 $3,999.00 / year $3,999.00 / year US - Turf Tank Plus Package - Upfront Implementation Cost 1 $1,700.00 $1,700.00 Subtotals Annual subtotal $3,999.00 One-time subtotal $52,700.00 Other Fees Year One Customer Care Discount ($3,999.00) Total $52,700.00 Includes: - GPS Paint Robot + GPS Package (Includes Android Tablet) - Continuous Software Improvements - Free Form Text Creation - Standard Geometry Package - Extended Geometry Package - Paint: $2,000 Allotment of Paint (White) - (2) Robot Batteries - Customer Support: Normal Business Hours (Mon-Fri) - Hardware Warranty Program: Limited (Excludes Consumables) - Standard Turf Tank Accessories Includes: - Customer Support: Normal Business Hours (Mon-Fri) - Hardware Warranty: Limited (Excludes Consumables) - Continuous Software Improvements - $2,000 Allotment of Paint (White) Includes: - Configuration & Shipping of Robot - Secure Inventory & Lock in Installation Date - Product Training & Online Resources DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Purchase terms & Comments Invoice Type Invoice Details Implementation Fee Invoice  Implementation Fee Invoice must be paid prior to the shipment and installation of the robot. The invoice for Implementation Fee should be available within 24 hours after the contract has been signed and returned. The invoice will be emailed to the billing contact on file and will be from billing@turftank.com.  First Invoice First Invoice will be emailed and made available within 24 hours after the robot has been shipped.  Payment will be due at the installation and training of the robot. The invoice will be emailed to the billing contact on file and will be from billing@turftank.com.  Signature Signature Date Printed name Questions? Contact me Tonnell Wilson tonnell.wilson@turftank.com Turf Tank 3330 Cobb Parkway NW Suite 324-380 Actworth, GA 30101 United States DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3ED Ryan Stubbe 5/1/2023 DocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 4/1/2020 To whom it may concern – Please accept this letter as our assurance and validation that: Sole Source Statement: Turf Tank is the exclusive sole distributor in North America for the Intelligent One Field Marking Robot manufactured by Intelligent Marking. In addition, this product is considered a “sole source” provided product in that only the ION Robot incorporates the integration of an on-site ground base station, eliminating the reliance of a 3rd party network provider to operate. Additionally, this product is designed as a 4-wheeled autonomous GPS robot, creating the highest level of accuracy and stability for the consumer. Additionally, Turf Tank is the sole source of providing the warranty, service, support and upgrades which is built into the Customer Care Plan that is billed annually to the customer. Sincerely, ______________________________________________________ Jason Aldridge President/CEO Turf Tank 877-396-4094 (Office) 404-786-0310 (Mobile) Jason@TurfTank.com | www.TurfTank.com DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Hair Care Products Marketing Representative DocuSign Envelope ID: 6CF693D1-D31F-4BD5-9DE2-C130C78AE3EDDocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification I, ______________________________________ (Person name), the undersigned representative (hereafter referred to as “Representative”) of ______________________ __________________________________________________________ (company or business name, hereafter referred to as “Business Entity”), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term “boycott Israel” is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. _____________________________________ SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this _____ day of ____________________, 20___. _____________________________________ Notary Public Emily Thuss Turf Tank 23April25th DocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 04/27/2023 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Intelligent Marking USA Inc. OMAHA, NE United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Pearland Parks And Recreation Robotic Sports Field Painting Tank PK2001 2023-1012914 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.7bd706d4www.ethics.state.tx.usForms provided by Texas Ethics Commission DocuSign Envelope ID: 726AB279-DBA2-49A0-A66D-E2908A1164B4 27 NE US 11/27/1997 8790 F Street Suite 830 April 68127Omaha Douglas Nebraska 23 Emily Thuss DocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14 DocuSign Envelope ID: 369F8F1C-52E0-43C5-A03E-1027952CBC14