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Home My WebLink AboutContract 49091 w CITY SECRETARY Z CONTRACT NO. ambiUS bif„six in<r n�gflN•�./n{�WGp Sme1%3 MONTHLY RENTAL AGREEMENT This agreement(the"Agreement") is made as of the date of acceptance indicated below, and is by and between Ambius, a registered trade name of Rentokil North America, Inc. ("Ambius"or the "Company") and the customer identified below(the "Customer" or"You")on the terms and conditions set forth in this Agreement. Ambius will provide City of Fort Worth Aviation Dept.with all service necessary to maintain the health and appearance of the plants and/or replicas and/or otheritems, including watering,fertilizing,pruning, trimming, insect and disease treatment,cleaning and dusting. If a plant becomes thin,weak,overgrown or otherwise unattractive, it will be replaced with the same or similar plant type of the size specified in the contract. Ambius proposes to: Rent the attached listed plants and containers for$749.47* per month. OFFICIAL RECORD Charge for delivery and installation is$989.30*. CITY SECRETARY (*)These prices exclude applicable taxes. FT,WORTH,TX 1. THE SERVICES. Ambius will provide You with the plants, replicas and further items escri e and for the prices set forth on the attached Quote(the"Services"). 2. PAYMENT TERMS. Ambius will provide You with an invoice for the Services and items set forth on Quote. You agree to pay all invoices within ten (10) days. You will be liable for any returned check fees and any collection costs, including reasonable attorney fees and court costs,for any invoices not otherwise timely paid, and interest at the rate of 1% per month may be added to all unpaid invoices. You may pay these invoices by 1) Electronic Funds Transfer(please contact eft.coordinator- usPambius.com for information);2) direct debit on the 22nd of each month under this Agreement; 3) bank check;or 4) credit card. 3. TERM AND EXPIRATION. This Agreement will be for a 24 month term unless otherwise set forth on Quote. The Agreement will renew automatically for successive one-year terms thereafter unless terminated in writing by You or Us at least thirty (30) days from the expiration of an annual term. Contract price may be adjusted annually. All property being provided to You under this Agreement will remain the property of Ambius, and You will be responsible for any property that is damaged beyond reasonable use or otherwise not able to be recovered by Ambius at the end of this term. To the extent that You cancel this Agreement prior to the expiration of the term or a renewal term for no fault of Ambius, You agree to pay Ambius for 50% of the amount to be invoiced for the remainder of that term or renewal term. This amount constitutes liquidated damages and not a penalty, and is in recognition of the difficulty of Ambius in establishing the amount of damages or costs for any such early termination. 4. INSURANCE AND LIMITATION OF LIABILITY. The Company will maintain general liability and property damage insurance as necessary given the scope and nature of the Services. The Company will be responsible for those damages, claims, causes of action, injuries or legal costs,whether incurred by You or a third party,to the extent of its own direct negligence or misconduct, and then only to an Ambius • 2075 McDaniel Drive,Suite 100 • Carrollton,TX • 75006 • Phone:214.638.1000 • Fax:214.638.6131 • www.ambius.com Home Office:Rentokil North America,Inc.1125 Berkshire Blvd.Suite 150 Wyomissing,Pa. 19610 r JV*A ambius amount not to exceed the annual value of this Agreement. In no event will any party to this Agreement be liable to the other for incidental,consequential or purely economic 1'"h "n�me1%3 �""D�° damages. Additionally,Ambius is not responsible for any damage or harm to walls or structures caused by removal of material therefrom.Ambius accepts no responsibility for decorative containers supplied by You or by Ambius once outside their manufacturer's warranty. 5. CUSTOMER RESPONSIBILITIES. Ambius assumes all responsibility for the care and maintenance of the plants and associated material being provided under this Agreement. Further,Ambius is not responsible for damage to the plants and material related to temperature extremes, light levels changed since installation,catastrophic events such as fire, floods or unexpected freezes, malicious or accidental damage by third parties,or interference by Your employees in the maintenance of the provided plants. Ambius is also not responsible for any damage or harm to walls or structures to the extent any material is required to be removed or taken down after being attached thereto. You will provide Ambius access to water.You must allow unrestricted access to the plants during normal working hours. 6. FORCE MAJEURE. The Company shall not be liable for any delay in performing the Services, nor liable for any failure to provide the Services,due to any cause beyond its reasonable control. 7. ANTI-CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its behalf has offered,given, requested or accepted any undue financial or other advantage of any kind in entering into this Agreement, and that it will comply with all applicable laws and regulations pertaining to corruption, competition and bribery in carrying out the terms and conditions of this Agreement. 8. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the state in which the Services are performed. 9. ENTIRE AGREEMENT. This Agreement and its Quote constitute the entire agreement between the parties with respect to the subject matter and replaces any prior agreements or understandings, whether in writing or otherwise. This Agreement may not be modified or amended except by written agreement executed by both parties. In the event that any provision of this Agreement is determined to be void, invalid,or unenforceable,the validity and enforceability of the remaining provisions of this Agreement shall not be affected. 10. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail, certified mail, hand delivery or electronic mail with delivery confirmation,to the individuals and addresses listed below. 11. BINDING. This Agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties. Ambius • 2075 McDaniel Drive,Suite 100 • Carrollton,TX • 75006 • Phone:214.638.1000 • Fax:214.638.6131 • www.ambius.com Home Office: Rentokil North America, Inc. 1125 Berkshire Blvd.Suite 150 Wyomissing,Pa. 19610 V ambius faihmXimi,*=nteriu,I e-d%a.d,:-, Snce 1%3 Authorization of this agreement indicates acceptance of the terms and requirements. BILLING INFORMATION: SERVICE ADDRESS: Q135598 City of Fort Worth Aviation Dept. City of Fort Worth Aviation Dept. Meacham International Airport Meacham International Airport 201 American Concorse 201 American Concorse FORT WORTH TX 76106 FORT WORTH TX 76106 AMBIUS CUSTOMER By: , I By: Pri d Name: 1.:.wda kNvLjAe.!k U Printed Name: F�,�na/a Caste Title: Z:3-}c �'� Q-a0-r Title: Asst 6y 1'fxAvye,- Electronic Mail: GLMV'ws•C*^^ Electronic Mail: 0015 Me Address: Address: rr -to", I Y,- �1� Date Accepted by Customer: `.3"oZ g- a-w 1 J&64< 4f-agl-X01'1 yOVED AS TO FORM AND LEGALITY 7 -Aat(\0 OF• ORT =� FITY A OFFICIAL RECORD U = AttesNLK CITY SECRETARY FT.WORTH,TX ............... er, i Secretary Ambius • 2075 McDaniel Drive,Suite 100 Carrollton,TX 75006 Phone:214.638.1000 • Fax:214.638.6131 • www.ambius.com Home Office: Rentokil North America, Inc. 1125 Berkshire Blvd.Suite 150 Wyomissing,Pa.19610 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. )JK►os ka Name of Employee �Sa�T ► r� DiT2 C�or Title