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HomeMy WebLinkAboutContract 43504STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS CONTRACT FOR MOSQUITO MANAGEMENT SERVICES This Contract is entered into by and between the City of Fort Worth, ahome-rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas ("City"), acting through Charles W. Daniels, its duly authorized Assistant City Manager, and PRP Services, LLC dba Rid -All Pest Control ("Contractor"), acting through Patrick Prather, its duly authorized President, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: ARTICLE 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; City means the City of Fort Worth, Texas, a home rule municipality. Contract Documents means this contract, the Invitation to Bid, attachments, amendments, and appendices to the Invitation to Bid, the Contractor's response to the Invitation to Bid, all ancillary documents submitted with the Contractor's response to the Invitation to Bid, and any contract amendments, change orders, task orders or other documents related to the substance of this contract. Contractor means PRP Services, LLC dba Rid -All Pest Control which may otherwise be referred to as RAPC. ARTICLE 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". OFFICIAL RECOR® CITY SECRETARY :To WORTH, TX coNrnacr roR I�Esr coNrROL sERvrcEs 1�.�<�a 1 r1 ,y F'RP Services, LLC dba Rrd-All Pest Cc,ntrol 03-20-12 A11:52 1N ARTICLE 3. COMPENSATION Section 1. Fee Schedule. The City shall pay Contractor an amount not to exceed One Hundred Thousand Dollars ($100,000.00) in accordance with the provisions of this Agreement and the Payment Schedule attached as Attachment B which is incorporated for all purposes herein. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. Invoices shall be paid according to State law. Payments shall be made on a Net 30 Days basis from receipt of invoices. Invoices shall be computer -generated or typewritten and shall itemize the location of the service provided, an itemized list of materials provided, the labor charge, the date service provided, the City's blanket purchase order number and release number received for the work. Failure to provide this information on an invoice may delay the payment process. Invoices shall be submitted to the City of Fort Worth division ordering the goods or services. Invoices must be submitted to the City by the end of the seventh day of the month after goods or services are provided. The City's fiscal year ends September 30th of each year and vendors must submit invoices for goods or services provided to the City on or before September 30th by the following October 7th or the City may not be obligated to pay for the items. ARTICLE 4. TERM This term of this contract shall be far a period of ninety (90) days beginning from the date of execution by the Assistant Gity Manager ARTICLE 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the CONTRACT FOR F-'GST CONTROL 5ERVfGE=S F'RP Services, LLC d6a Rid-/1/1 Pest Co��tr�l Page 2 of 19 details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor. ARTICLE 6. INDEMNIFICATION Section 1. Definitions. In this Article, the following words and phrases shall be defined as follows: Environmental Damages shall mean damages which are incurred as a result of negligence, an intentional tort, failure to meet the standard of care exercised by companies providing similar services in the state of Texas, or a violation of environmental requirements pertaining to work performed under this contract by the Contractor and/or Subcontractors, and including without limitation: a. Damages (both direct and indirect damages including consequential and punitive damages) for personal injury and death, or injury or impairment to property or natural resources; and b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and other reasonable costs required by any federal, state or local governmental agency or otherwise expended to investigate and remedy the environmental damages including any consultant's and attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder. Environmental requirements shall mean all applicable to the work performed under this agreement (or which may become applicable during the term of this agreement) statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the CGN 7 RAC 1 Page 3 of 19 FC>R PF_ST CONTROL SERVICES Pt?P .Services, Ll.0 ��a RJd-All Past Cantrc�l manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature, and b. All requirements pertaining to the protection of the environment and the health and safety of employees or the public. Section 2. General Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PREEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS FEES AND COSTS OF INVESTIGATION AND LITIGATION ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, VENDORS, AND SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. THIS INDEMNIFICATION INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING: a. SOLE OR JOINT NEGLIGENCE b. ANY INTENTIONAL TORT, FRAUD, MALACE, MALFEASANCE, OR CRIME c. VIOLATION OF A LAW OR REGULATION d. BREACH OF ANY DUTY TRIGGERING STRICT LIABILITY e. THE INFRINGEMENT OF ANY TANGIBLE, INTANGIBLE, OR INTELLECTUAL PROPERTY INTEREST f. FAILURE TO PAY A DEBT INCURRED PARTIALLY OR WHOLLY IN PERFORMANCE OF THIS CONTRACT g. ANY CLAIM FOR DAMAGE TO A PERSON'S REAL OR PERSONAL PROPERTY fNTEREST, OR PERSONAL INJURY, AND/OR DEATH. FOR THE PURPOSES OF THIS ARTICLE, DAMAGES SHAL Section 3. (�UNTRACT FOR PEST CONTROL SERVk:FS PRP Services, LLC dba Rid -All Pest Control L BE CONSTRUED Page 4 of ! 9 Environmental Indemnification, CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY AND WHICH ARE DIRECTLY RELATED TO EITHER (i) NEGLIGENCE; (ii) INTENTIONAL OR WILLFUL MISCONDUCT; (iii) RELATED TO A VIOLATION OF A LAW, REGULATION, OR PERMIT; OR (iv) A BREACH OF A DUTY OF CARE OR PROFESSIONAL STANDARD. Section 4. The obligations of the Contractor under this Article shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, City shall provide Contractor with reasonable timely notice of same. All Contractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. The obligations of the Contractor under this Article shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 7. INSURANCE �rre Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. Insurance coverage and limits: 1. Commercial General Liability Insurance CONTR,4CT FOR PEST CONTROL SERVICES t RP 1 e wtces. LLC dba Rid -All Past Cuntml Page 5 of t 9 $1,000,000 each occurrence; $2,000,000 aggregate Rrsionat -tfab44y-lA4ufai=tee--- eac oc rrence I", 09,GOG--w-egata.-- 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Environmental Impairment Liability (EIL) and/or Pollution Liability $1,000,000 per occurrence. EIL coverages) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereonI as its interests may appear. The -term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Risk C<7NTRACT FOR PEST CONTROL SERVICES Page 6 of 19 F'RP.Sarvires, 1_!_C dba RId-All Pest Control Management, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self -insured retentions, affecting insurance required hereir shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. ARTICLE 8. Reserved. ARTICLE 9. COf�lTR��CT FAR PEST C(7NTR(�L SF_RVICES Paye i c�( i9 F'Rf� �3er,�iees. LLC dha Ritf:all Pest C,`onU��l WARRANTY Contractor warrants that it understands the actual and presented to persons, property and the environment performed under this contract. potential hazards which are by the type of work to be Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint )r order which would prohibit performance of services under this Contract. ARTICLE 10. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform in a timely manner under this contract, if the failure arises from acts of God, acts of the public enemy, fires, epidemics, quarantine restrictions, labor strikes, freight embargoes, and unusually severe weather, except however that Contractor shall take all reasonable measures to mitigate any delays and costs. The City in all circumstances reserves the right to obtain performance of the services anticipated by this contract from another Contractor at its sole discretion for any reason and such an act will not be deemed to be a breach by the City. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this contract, City shall have the right to take charge of and complete the work In such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay, D. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may no#ify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. CON I RAC'r FOR PES i CCJN iF20L 3�RVlGES Page 8 of i 9 PRP Ser✓ices, LLC �ba Rid -All Pest Cflntrol E. City may terminate this Contract with or without cause upon written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. F. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. ARTICLE 11. LICENSES AND PERMITS Contractor certifies and warrants that on the day contract and during the duration of the contract current, valid, and appropriate federal, state, and for the provision of services under this contract, any work is to commence under this it shall have and maintain all of the local licenses and permits necessary Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. ARTICLE 12. OBSERVE AND COMPLY Contractor shall at ali times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. Contractor represents itself as knowledgeable and possessing expertise in the regulatory compliance issues related to its industry, and no plea of misunderstanding or ignorance thereof shall be considered. CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES, ARTICLE 13. MODIFICATION No amendment or modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No amendment or modification shall be binding upon the City unless signed by the City Manager or an CONTRACT FOR PEST CONTROL SERVICES Page 9 of 19 PRP Ssndcc�s, t_LC dba Rid -All Pell Coiitro! Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written, formal, authorized modification of this contract that is in accordance with all applicable state and city laws, regulations, and ordinances. ARTICLE 14. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. ARTICLE 15. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE"), as may be modified from time to time, in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement, if any, and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. ARTICLE 16. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, Cf�NTRA(;T i=01? PEST CONTF2C7L S1=RVtCE5 Page 10 of 19 PAP 3ervi�,es, t_LC db� t7•'d-Att Pest Cantrot transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 17. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. ARTICLE 18. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. ARTICLE 19. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any ether provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. ARTICLE 20, VENUE. AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of CONTRACT FOR PEST CONTROL SERVICES Page f f of 19 PRP :Services, LI_C dha Rid -Aft Pest Control Texas Fort Worth Division. Contractor affirms that it is subject to the jurisdiction of said Courts. ARTICLE 21. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Scott Hanlon, Assistant Director Code Compliance Department City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Contractor: Patrick Prather PRP Services, LLC dba Rid -All Pest Control PO Box 2726 Burleson, TX 76096 ARTICLE 22. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. If Contractor desires to subcontract any services) to be performed under this contract, Contractor agrees to obtain the City's written acceptance of such subcontractors) before allowing any subcontractor(s) to perform designated service or services. Failure A the Contractor to obtain the City's written acceptance of any and all of the Contractor's subcontractors used in the performance of this agreement shall be grounds for automatic termination. In addition, Contractor acknowledges that City may, at City's own discretion, perform on -site audits of all proposed subcontractors' facilities in order to determine acceptability of the Subcontractor(s). ARTICLE 23, NO THIRD -PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 24. CC}NTR/�i:T FQR PEST CC)NTC�OL SERVICES Page 120/ 19 P1?P 5ervic:es, LLC iTba rlyd-All Pest Control CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. ARTICLE 25. ENTIRETY This contract, the contract documents and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this contract and any other contract documents, then the terms of this contract shall govern. ARTICLE 26. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its offer and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of any Invitation to Bid, offer, or proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. The remainder of this page is left intentionally blank C(�NTRA('1T FC)R PEST t;nNTRQL ShRVICES Page 73 ��l 19 Pf?o Sen�ices, LLC dba Rid -All Pest Control ATTACHMENT A SCOPE OF CONTRACTOR'S SERVICES Contractor shall furnish all labor, materials, and equipment necessary far and have the responsibility to provide mosquito abatement services as described herein: This scope of work shall describe the applicable larvacide application parameters and adulticide application parameters and other services to be rendered. This document outlines the City of Fort Worth cooperative mosquito control program designed by Contractor providing a limited scope of service for controlling mosquitoes to help in reducing potential for disease transmission. Basic Services Included Upon Retainer and Included in the Retainer Fee Contractor shall provide two community awareness seminars which Contractor encourages Fort Worth to schedule and publicize. Contractor entomologists will present a power point presentation on mosquito biology and WNV potential and avoidance. These seminars are resident driven and focus on education, source reduction, and habitat manipulation within the resident private property boundaries. These seminars are conducted at the request of the City of Fort Worth and all costs of venue, publicity, and associated meeting costs shall be responsibility of the City of Fort Worth. Contractor shall provide initial mapping and scouting which are needed as part of the surveillance program. The retainer fee will also cover time costs associated with communicating with City of Fort Worth Departments such as GIS, Storm Water, Environmental Services, Public Works, and Parks. Contractor shall place the City of Fort Worth into a guaranteed response position aver non -contract cities and other clients, if and when adulticiding treatments become needed. Typically the end of the mosquito season is C)ctaber 31 st since West Nile Virus (WNV) disease is typically very active in North Texas until this time, but the work may be extended or reduced upon the mutual agreement of the parties in writing during the contract term. A retainer fee as specified in Attachment B will be assessed in order to place the City of Fort Worth into with Contractor Pest Control (RAPC) far the remainder of the 2012 mosquito season. GON 1 RACT FOR PEST CONTROL SERVICES Page f 4 of i9 PRP S@rvices. LLC dba ,Rtd-At( Pest Corltrof Mosquito Surveillance Mosquito surveillance is integral to this type of disease response program. CDC Reiter Gravid Traps will be deployed across the city at locations determined by RAPC personnel as well as directed by City of Fort Worth staff. Possible trap locations will be proximate to WNV Human Positive proximate locations, neighborhoods or public ground proximate to sports fields or parks, citizen complaint areas, and other locations suggested by City of Fort Worth staff. Mosquitoes will be collected and spectated by RAPC staff and delivered to Tarrant County Public Health Department Laboratory for WNV and SLE testing. Tarrant County Lab will not assess any fee for this testing service since Fort Worth is located within the limits of Tarrant County. RAPC will charge a fee per Gravid Trap set and anticipates trapping weekly through the remainder of the 2012 season. Average number of trap sets per week for disease cluster management should be at least six individual traps, but as many as fifteen may be deployed early in the program to gain a quick understanding of the current Fort Worth disease profile. Trap locations will be coded as GPS points or street address and Tarrant County Lab submission forms for each mosquito sample will be made available to Fort Worth on a weekly or monthly basis. Larvaciding Larvaciding is the backbone of any proactive or Integrated Mosquito Management program since the mosquitoes are killed with biological agents before taking flight to spread disease. RAPC utilizes both biological and Insect Growth Regulator (IGR) based larvacides as well as Food Grade larvacidal oils called BVA oil or MMF. This type of work is labor intensive ground level inspection and heavily dependent on trained personnel seeking out mosquito breeding sites and habitats and effectively interpreting water samples to prescribe treatment. This is the program component no other company in the North Texas area offers coupled with the education, credentials, and experience of Contractor. This disease response proposal offers larvaciding based on an hourly fee schedule. The larvaciding frequency will be driven by rainfall or increased irrigation, known breeding locations, and citizen or Fort Worth staff complaints. RAPC personnel will track larvicide application hours through manual logs and GPS data points, addresses, or creek references. Application records will be kept on file by RAPC for three years and supplied to Fort Worth contact person for TCEQ Clean Water Act compliance. Adulticiding Adult mosquitoes vector disease contracted from the Low Volume (ULV) applications are the most commo mosquitoes. In addition to these large-scale street misting applications and cold fog ULV treatments in wale applications to effectively treat a known area of CONTRACT FOR PEST CONTROL SERVICESPRF' Services. LLC (ilia Rid -All Pest Control bird population. Fogging or Ultra n treatments for dealing with adult fogging methods, RAPC uses very specific and targeted small Page 15 of 19 WNV positive mosquitoes. These treatments are effective at knocking down diseased mosquitoes along with the broad application of street level fogging. These treatments usually take place along creeks and residential lot boundaries proximate to areas where disease positives are currently or potentially located. Treatments are generally performed on two or three consecutive days to ensure efficacy. Treatment results can be monitored with CDC light trap catch counts after treatment is rendered. This component of a disease response program must be included to deal with specific concentrations of disease quickly and effectively. This pricing reflects fogging at the minimum application rate. CDC has very recently recommended Dallas County make all fogging applications at maximum labeled rate. Tarrant or Denton County recommendations have not been made public as of yet, but the current disease level certainly calls for increased application rates outside of Dallas County. RAPC is currently utilizing Envion 30-30 which is a very good material at mid- level rate, but as WNV amplifies through the season, maximum application rates may be warranted for disease response treatments. Since this proposal is based on minimum application rates, pricing per mile may increase if City of Fort Worth chooses to follow CDC guidelines. Reporting and Permits RAPC will obtain and maintain all permits necessary to perform the work. If any permits require the City to submit notifications or reports to any state or federal agency, Contractor will inform the City in writing to Michael Gange, Transportation and Public Works Department, Environmental Services Division, 1000 Throckmorton Street, Fort Worth, Texas (e-mail is adequate to meet this requirement) and the City will make such required notifications or reports. The respective roles and responsibilities of the parties in the permit process may be clarified between Contractor and the Environmental Services Division. RAPC will provide written documentation of all services provided to City of Fort Worth and retain application records as directed by Texas Department of Agriculture Structural Pest Control Service (TDA / SPCS) and Texas Commission on Environmental Quality (TCEQ) TPDES General Permit TXG870000. RAPC will act as a For Hire Commercial Applicator under the Level II Self Certification of the City of Fort Worth under the TPDES General Permit TXG870000. Pre�Spray Operational Procedures All ULV adulticide applications will be made only after written permission is obtained from City of Fort Worth. Prior to starting a General Residential Adulticide Application, City of Fort Worth will advertise in local newspapers, email notices, robo-call residents, or hang notices on CONTRACT FOR PEST CONTROL SERVICES page 16 of 19 PRP Services, 1.1_C: dha Rid -All Pest Contra! doors in areas that have been designated for fogging. The City will also be responsible for contact with those community residents that have health, environmental or philosophical concerns about the fogging and have requested that they be notified. The City will also provide addresses for any "No Spray Zones", and they will be marked on Contractor's operational maps, and the ULV insecticide will be "shutoff' in front of, and upwind from, these properties Prior to starting any General Residential Adulticide Application, Fort Worth will provide notification of any scheduled fogging to businesses and residents located in the designated area. All pesticides used in City of Fort Worth Cooperative Mosquito Management Program will be certified and registered for that use and applications will be made in compliance with the product label following Federal and State law. Location of Work to be Performed The services which are described above shall be strictly limited to the area confined within the geographic area which is commonly known as being within the corporate limits of the City of Fort Worth, the County of Tarrant, and the State of Texas. Contractor shall not be required by the terms hereof to render the herein before described services in any geographic location not situated within the confines of the area designated above. Seasonal Field Staff Contractor's seasonal employees are fully trained in all aspects of Integrated Mosquito Management operations, including; mosquito biology, field inspection and surveillance techniques, safe handling and application of pesticides and public relations. Contractor will hire seasonal field staff as needed to fulfill its contractual obligations. The remainder of this page is left intentionally blank COIVTF7ACT FOR PE_Si CONTROL SERVICES PRf' .erviees, LLC cib3 Rrtt-A!t Pest f'ont�c�t Page t 7 at 19 ATTACHMENT B COMPENSATION 2012 Season Pro -rated Retainer Fee: 2012 Season CDC Reiter Gravid Fee: 2012 Season Hourly Larvaciding Fees: 1 hour up to 25 hours: 25 hours up to 40 hours 40 hours and over 2012 Season Adulticiding Rates: $3500.00 $95.00 per trap $220.00 per hour $200.00 per hour ` $180.00 per hour Backpack ULV or Mist: $240.00 per'/ linear mile, $460.00 minimum UTV Fogging: $225.00 per %2 linear mile, $675.00 minimum Truck Mounted $195.00 per 1 linear mile, $1160.00 minimum for small scale or targeted WNV response area which is defined as less than 25 linear miles $40.00 per 1 linear mile over 25 linear miles Contractor shall maintain and provide documentation to provide verification of hours and miles to substantiate billed amounts. The remainder of this page is left intentionally blank Gt)IVTRAC;T /=0R PEST CONTRf�L SERWCF_S Page t8 of f 9 PRP Services, LI_C dba k'rd-All Pest Cantrvl SIGNATURE PAGE IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below, CITY OF FORT WORTH BY:40 Charl . Daniels Assistant City Manager Dated: VzO//; ), RECOMMENDED: tt Hanlon ' istant Director, Code Compliance APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney ATTEST: Miry J. Kay City Secreta CONTRACT FOR PEST CONTROL SERVICES PRP Services, LLC dba Rid -All Pest Conlro! V °v CONTRACTOR PRP Services, LLC dba Rid -All Pest F'atricK rrattler President CORPORATE SEAL: Contract Ruthorizstiox Date OFFICIAL RECORD CITY SECRETARY Mr. Page 19 0l 19 WORTH, TN 1V.&C - Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Councii C �I11111' DATE: Tuesday, August 21, 2012 LOG NAME: 13P12-0284 MOSQUITO MANAGEMENT EMERGENCY CC unication REFERENCE NO.: **P-11425 SUBJECT: Ratify Emergency Agreement with PRP Services, L.L.C., for Mosquito Management Services for the Code Compliance Department in the Amount Up to $100,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council ratify an emergency Agreement with PRP Services, L.L.C., for mosquito management services for the Code Compliance Department in the amount up to $100,000.000 DISCUSSION: Approval is requested for an emergency Agreement issued for mosquito management services to inhibit spread of the West Nile Virus. As of August 10, 2012, Tarrant County Public Health (TCPH) had reported 45 human cases of West Nile Virus (WNV) in the City of Fort Worth compared to only two human cases of WNV in early July. Given the drastic increase, TCPH officials and the Centers for Disease Control and Prevention (CDC) have recommended a more aggressive and comprehensive approach. Based on this recommendation, the Code Compliance Department has undertaken a program that will include surveillance, larvaciding and, if necessary, adulticiding of mosquitoes to reduce the risk of further spread of the West Nile Virus in Fort Worth. To put the plan into immediate effect, Staff engaged PRP Services, L.L.C. to begin surveillance and larvaciding Fort Worth locations on Saturday, August 11, 2012. Additional services may be requested as needed. This purchase is exempt from the competitive bid process under section 252.022(a)(2) of the Texas Local Government Code as a procurement necessary to preserve or protect the public health or safety of the municipality's residents. In accordance with the City's purchasing policies, the Code Compliance Department's request to proceed with the emergency purchase was reviewed and approved by the City Attorney's Office, the City Manager's Office, and the Purchasing Division of the Financial Management Services Department. MBE/SBE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because a public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy. AGREEMENT TERM —The Agreement shall have a 90-day term which began on August 10, 2012 to cover the remainder of the 2012 WNV season. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund, 3QN\12-0284\CC FUND CENTERS: TO Fund/AccountlCenters CERTIFICATIONS: FROM Fund/Account/Centers http://apps.cfwnet.org/ecouncil/printmc.asp?id=17319&print=true&DocType=Print 8/17/2012 N`&C - Council Agenda Page 2 of 2 Originating Department Head: Susan Alanis (8180) Lena Ellis (8517) Jack Dale (8357) Additional Information Contact: Cristi"Cl Camarillo (8355) ATTACHMENTS 1. MMS CONTRACT.PDF (CFW Internal) 2. Rid All.docx (CFW Internal) 3. Waiver #12-0284.pdf (CFW Internal) http://apps.cfwnet.org/ecounciUprintmc.asp?id=17319&print=true&DocType=Print 8/17/2012