HomeMy WebLinkAboutContract 52381 �A
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RECEIVED
JUN-3 2019 CITY SECRETARY .
CfTYDFFQRTVWR CONTRACT NO.
'!I-f
CITY SECRETARY
VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
RENTOKII,NORTH AMERICA,INC.
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and Rentokil North America, Inc.
("Vendor"), a Foreign For-Profit Corporation, acting by and through Linda Horsley, its duly authorized
District Manager,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Farm.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
Rental of live plants with vases and maintenance services on a weekly basis for each of the plants.
Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder,
2. TERM.
This Agreement shall begin on April 12,2019("Effective Date")and shall expire on April 11,2020
("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). City
shall have the option,in its sole discretion,to renew this Agreement under the same terms and conditions,
for up to three(3)one-year renewal options.
3. COMPENSATION.
City shall pay Vendor in accordance with Exhibit"B,"—Price Schedule of this Agreement. Total
payment made under this Agreement for the first year by City shall be in the amount not to exceed Twelve
Thousand Three Hundred Twenty-six Dollars and Fifty-two Cents ($12,325.52). Vendor shall not
perform any additional services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services.City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City First approves such expenses in
writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days'written notice of termination.
Vendor Services Agreement
Between the City of Fort Worth
And Rentokil North America,Inc.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
4.2 Non-appropriation of Funds, In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties.In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination.Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder,Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,agrees
that it shall treat all information provided to it by City("City Information")as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify,delete or otherwise corrupt City information in
any way.Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
G. RIGHT TO AUDIT.
Vendor agrees that City shall,until the expiration of three(3)years after final payment under this
contract,or the fin a]conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to,all electronic records,of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section.City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
Vendor Services Agreement
Between the City of Fort Worth
And Rentokil North America,Inc. Page 2 of 15
It is expressly understood and agreed that Vendor shall operate as an independent contractor a$to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors.Vendor acknowledges that the doctrine of respondear superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subcontractor. Vendor further agrees that nothing herein shall be construed as the creation of
a partnership or joint enterprise between City and Vendor.It is further understood that City shall in no way
be considered a Co-employer or a Ioint employer of Vendor or any officers,agents,servants,employees or
subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractors
of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable
for any and all payment and reporting of taxes on behalf of itself,and any of its officers,agents,servants,
employees or subVendor.
S. LIABILITV AND INDEMNIFICATION.
&I LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OFANY ICIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENT'S,
SERVANTS OR EMPLOYEES
8.2 GENERA LINDEMNIFICATION-VENDOR HEREBY COVENANIS AND AGREES
TO INDEMNIFY,HOLD HARMLESSAAD DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANY1UND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFIT'S)AND/OR PERSONAL INJURY,INCLUDING DEATH,H, TOANYAND
ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle,or pay,at its own cost and expense,any claim or action against City for infringement of any
patent,copyright,trade mark,trade secret,or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation.So longas Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Vendor in doing so. in the event City,for whatever reason,assumes the responsibility for payment
of casts and expenses for any claim or action brought against City for infringement arising under this
Agreement,City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;however,
Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees
Vendor Services Agreement
Between the City of Fort Worth
And Rentokil North America,Inc. Page 3 of 15
to give Vendor timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
expenses shall not eliminate Vendor's duty to indemnify City under this Agreement.If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Vendor shall,at its own expense and as City's sole remedy,either: (a)procure for City the right to
continue to use the software and/or documentation;or(b)modify thesoftware and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid
to Vendor by City,subsequent to which termination City may seek any and all remedies available to
City under law.
8.4 LIMITS ON LIABILITY AND INDEMNIFICATION NOTWITHSTANDING
ANYTHING TO THE CONTR4RY ELSEWHERE IN THIS CONTRACT, VENDOR'S LIABILITY TO
CITY SHALL NOT EXCEED FIDE MILLION DOLLARS ($5,000,000.00). THIS CAPPED
LIABILITYPROVISIONSHALL APPLY TO I)DIRECT CLAIMS BY CITYAGAINST VENDOR;2)
VENDOR'S OBLIGATION TO DEFEND,INDEMNIFYAND HOLD CITY HARMLESS FOR THIRD
PARTY CLAIMS, OR 3) CITY'S ACCESS TO VENDOR'S INSURANCE COVERAGE AS AN
ADDITIONAL INSURED.
9. ASSIGNMENT AND SUBCONTRACTING.
9A Assignment. Vendor shall not assign or subcontract any of its duties,obligations or rights
under this Agreement without the prior written consent of City. If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall bejointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. if City grants consent to a subcontract,sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply.Vendor
shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall provide City with certificates)of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
Vender Services Agreement
Between the City of Fort Worth
And Rentokil North America,Inc. Page 4 of 15
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers'compensation laws where the work is being performed
Employers'liability
$100,000- Bodily Injury by accident;each accident/occurrence
$I00,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon,as its interests may appear.The term City shall
include its employees, officers,officials,agents,and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation(Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30)days' notice of cancellation or reduction in limits of
coverage shall be provided to City.Ten(10)days'notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager,City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for a]]policies must be licensed andlor approved to do business in the
State of Texas.All insurers must have a minimum rating of A-VII in the current
A.M.best Key Rating Guide,or have reasonably equivalent financial strength and
Vendor Services Agreement
Between the City of Fon Worth
And Rentokil North America,Inc. Page 5 of 15
solvency to the satisfaction of Risk Management.If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be
delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal,state and local laws,ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local iaws,
ordinances,rules and regulations. If City notifies Vendor of any violation of such laws,ordinances,rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor,for itself,its personal representatives,assigns,subVendors and successors in interest,as
part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS,SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Rentokil North America,Inc.
Attn:Fernando Costa,Assistant City Manager Linda Hasley,District Manager
200 Texas Street l i 25 Berkshire Blvd,Suite 150
Fort Worth,TX 76102-6314 Wyomissing,PA 19610
Facsimile:(817)392-8654 Facsimile:214-638-6131
With copy to Fort Worth City Attorney's Office at
same address
%dor5ervices Agreement
fttween the City of Fart Worth
And Rentokii North America,Inc. Page 6 of 15
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall,during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other duringthe term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement,City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted,at law or in equity,is brought pursuant to this Agreement,venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Norther
District of Texas,Fort Worth Division.
18. SEVERABILI"I"Y.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control,including,but not limited to,compliance
with any government law,ordinance or regulation,acts of God,acts of the public enemy,fires,strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
Vendor Services Agreement
Between the City of Fort Worth
And Rentokii North America,Inc. Page 7 of 15
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement,including Exhibits A,B and C,contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest,as to the matters contained herein.Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall,for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon
request by City, Vendor shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation,created,published,displayed,and/or produced in conjunction with the services provided
under this Agreement(collectively,"Work Product'). Further,City shall be the sole and exclusive owner
of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product.
Vendor Services Agreement
Between the City of Fort Worth
And Rentokit North America,Inc. Page 8 of 15
Ownership of the Work Product shall inure to the benefit of City from the date of conception,creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning
of the Copyright Act of 1976,as amended.If and to the extent such Work Product,or any part thereof,is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein,that City may have or obtain,without further consideration, free from any claim, lien for
balance due,or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf ofthe respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendor whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit"C".Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9,documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement.Failure to provide the specified documentation so may adversely impact
future invoice payments.
(signature page follows)
Vendor Services Agreement
Between the City of Fort Worth
And Rentokil North America,Inc. Page 9 of 15
IN WITNESS WHEREOF,the panics hemo havc executed thisAgmemcm in multiples this jrj
day of--J-ue — .2018.
ACCLrPTED ILND AGREED:
CM OF FORT►►'ORTIL
CONTRACT COMPLIANCE MANAGER-
By dung 1 xicnowkdgc that I am the person
rcSmxtselsle for the monitming and administrarian of
this contract,imluding enwrring all perfomtance and
Name: 1rcn=da Costa rcponing regrrircments
Tide: Axeistant City Manapr
Date: A09 _ By:
Name: C'ristina Maceag
APPROVAL RECOMMENDED: Tide: Administrative Assistant
APPROVED AS TO FORM AND LEGAI.ITV:
By:
atnc: William Welst
Title: €yirector.Aviation By:
roc: s Rr yce i l",%en
ATTEST: Title- Aasisiant City Allnrncy
CONTRACT AtrrHORIZATION:
BaC: N.�A
Sy sore: '_14ar•[ r %' r � �O T,�'s
Talc: City Secretary
v = .
VENDOR: f
Rentokil North America,Inc.DBA Ambi0a,`
By:
Lindz Nasley Namc:
Tills: DiishictNia ager Tick=
pate: `3 2
Vnndur Sarvrrxx Alpmna
Hetwcm the CAy of Fort Rosh
And Renokil Nor*America,Inc. Pala loaf l5
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
1. Scope
1.1. This agreement consists of the rental of live plants with vases, for the Fort Worth Meacham
International Airport. These live plants will be displayed in the common areas of all 4 floors, as
well as,the 3rd floor offices and conference room.
12. Rentokil North American, Inc (Vendor). will provide plant rentals and gardening services on a
weekly basis.
1.3. The services provided will be for the annual rental and weekly care and maintenance of at least
26 plants for the Fort Worth Meacham International Airport-
2- Annual Plant Rentals and Services
2.1. All plants supplied under this Agreement shall have established root system and be disease and
insect free
2.2. All plants shall be compact,full and blooming when delivered.
2.3. All plant material shall be acclimated to the light conditions of the site prior to installation. The
vendor is fully responsible for making sure that the proposed plant species can survive in the
existing site conditions and provide an aesthetically pleasing and cultural environment for the
employees and visitors of the Fort Worth Meacham International Airport.
2.4. Vendor will deliver each order of plants in four(4)deliveries or less.
2.5. The Vendor shall furnish, install, and maintain all interior plants specified in this agreement and
the Vendor's proposed design. All work is done at the expense of the Vendor and should be
included as a part of the Agreement.
2.6. In the event that any plants furnished by the Vendor deteriorate and/or become unsightly for any
reason (including light conditions), the Vendor shall replace such plants immediately upon
notification by the designated representative, at no additional expense to the City-
2-7- Vendor must perform all plant maintenance services on all plants furnished in this agreement.
Plant maintenance services will include,but shall not be limited to the following: watering,cleaning
of foliage,pruning,fertilizing,spraying of insecticide,replacement of unacceptable plant material,
and any other procedure necessary for proper plant care within the realm of good horticultural
practices.A licensed applicator is required for all pesticide and insecticide applications. Delivery
and setup should be included.
2.8. The Vendor agrees to provide all necessary equipment, labor,materials and supplies to perform
necessary duties in accordance with standard horticultural practices.Work areas will remain clean
and neat at all times,both during and after the work is completed.
Vendor Services Agreement
Baween the City of fort Worth
And Rentokil North America,Inc.-Exhibit A Page I of 15
2.9. The Vendor must inspect and perform these services on a weekly basis,with no more than seven
(7)days lapsing between visits,during the term of this agreement.If the department representative
requires additional inspections and/or meetings related to the terms specified in this agreement,it
is to be provided by the Vendor at no additional expense to the City of Fort Worth.
2.10.The Vendor and its employees shall conduct themselves in a professional manner at all times
while on City property.This will include uniforms suited to the horticultural work being performed,
being neat and clean in appearance, and conducting oneself courteously and competently in all
tasks.
3. Plants
3.1. The Vendor shall offer the following plants or approved equal as well as be able to allow options
to add more plants in the future:
• Schef Arboricola Braid Variety
• Drac Gold Star
• Drac Mass Cane W/Character
• Pleomele Reflexa
• Drac Janet Craig Compacta
• Drac Lisa Cutback
• Aspidistra Elatior
• Ficus Lyrata Column
■ Strelitzia Nicolai
■ Philodendron Red Congo
• Aglo Silver Bay
■ Kentia Howea Forsteriana
• Beaucarnea Recurvata
• Drac Fragrans
■ Pleomele Reflexa
• Drac Limelight
• Zamia Zamiifolia
4. Additional Services-Alive Christmas tree shall be delivered during the holiday season.
4.1. The Vendor shall provide a live 12 foot Christmas tree which shall be delivered within seven days
after Thanksgiving of the current year and will be serviced and maintained through New Year's
Day of the preceding year.
4.2. The Christmas tree shall have deoorative lights,decorations including ornaments,tall topper,and
premium skirt included.
4.3. This shall be displayed on the first floor of the building and Vendor shall provide all setup and
Vendor Servines Agreement
Between the City of Fort Worth
And Rentekil North America,Inc.—Exhibit A Page 12 of 15
taken down.
5. Location and Hours of Operation
5.1. Fort Worth Meacham International Airport
201 American Concourse,Suite 330
Fort Worth,Texas 76106
5.2. All maintenance services shall be performed during normal working hour from Monday to Friday
8'00AM-5:00PM by Vendor.The Meacham International Airport is closed eery weekend and all
City recognized holidays.
Vendur Services Agreement
Between the City of Fort Worth
And Rentokil North America,Inc.-Exhibit A Page 13 of is
EXHIBIT S
PRICE SCHEDULE
The City of Fort Worth("City")will pay Rentokil North America,Inc.("Vendor")a monthly fee of One
Thousand and Twenty Seven Dollars and 211100 Cents($1,027.21),a total of Twelve Thousand Three
Hundred Twenty-six Dollars and Fifty-two Cents($12,326.52)annually for services described in
Exhibit A of this Agreement.
This monthly fee will be due 30 days from receipt of invoice by Vendor.
Vendor Services Agreement
Between the City of Dort Worth
And Rentokil North America,Inc.—Exhibit B Page 14 of IS
EX HIBrr C
ti'MUFfCATION OF SIGNATURE Atri'110RITY
RENTOKIl.FORTH AMERICA,WC.
i 125 BERKSHIRE BLVD.SUTM 150
wYOM ISS MG,PA 19610
Vend-or hcn.-hy ag ccs to provide City with indepetf lent audit basic financial snwz•rvtems,bul also the fair
pmsmtation of the financial stase om it;of irA%idwi Nnds,
rxecutwo of this Nipature %lerirmatbri Form norm"I Hereby tertifits that the fnliowing ir%AvkhmIs
anWor positions bavc tlw authority to kgallr hind Vendor end to cxerxue any ngree,*oa.mrxmlmtmi ur
change order m behalf of Vemkf '&x:.h birr$ing authority Iran beta granted by proper onW,trsolution,
❑rdinancr m d11ar mvdiurimititt of Vendor-City is Fully ertirled to rely on the warranty and represeetation
Fet Forth in iMs Form in extering into any agmeft•al or amendment with Vendor. Ver4m will submit an
updated Fom within tent j t p}bushes days if there are auy changes to the rigaotM authority. Uty is
entitled to rely on any turret excWcd Form until it reccim a revised Form that has been properly mccused
by vtaodor.
I- Matti&:t-itula Halley
Po3itior::Dlsuict Manager
5egrtatatr
Y, Namur
Position:
Slgrrature
3. Narstc:
Pmitierr.
ATi
li
CEO
CG 0
ddwes,tt§t Ctty of Fur:tlfoeti
And ILr WWI Yatth AWWiaa,irr. E.ritibli C rw tflof fs