HomeMy WebLinkAboutContract 43504 l r
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CjTy SeNVAIRY
STATE OF TEXAS § COWRACT NO@�
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT §
CONTRACT FOR MOSQUITO MANAGEMENT SERVICES
This Contract is entered into by and between the City of Fort Worth, a home-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;
C. G 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 RECORD
CITY SECRETARY
FT.WOUH,TX
CON rRAC T FOR PF_ST CON rHOL ER VICE 5 Page I of 19
PRP Services,L L C dba Rid-AII f q st C of riro1
00-20-1 2 A7 1 :52 1 N
y
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 Fork 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.
TERN[
This term of this contract shall be for a period of ninety (00) days beginning from the
date of execution by the Assistant City 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
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F RP iervi(e s, f_LC r the Rid-All Pest Cor trol
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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
ON TPAC T FOR PE S r "NO N TROL SERV1C'E-.S Page.3 of 19
t,,Pr Se.rvi es, 1 1.0 dba Rid-All Pe.q Control
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 INTEREST, OR PERSONAL INJURY: AND/OR DEATH.
FOR THE PURPOSES OF THIS ARTICLE, DAMAGES SHALL BE CONSTRUED
BROADLY TO INCLUDE CURRENT AND FUTURE DAMAGES, AND DIRECT AND
INDIRECT DAMAGES SUCH AS PUNATIVE, EXEMPLARY, AND CONSEQUENTIAL
DAMAGES.
Section 3.
[1 N TRAC T FOR PEST T CCN TROL SERVICES Paw 4 of 19
PRP�ervires. [LC dba Rid-A!!Pest Control
Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, IT
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
The 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
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c►�rvices I-L dba Riff-All Post Contml
$1,000,000 each occurrence; $2,000,000 aggregate
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each , , 12
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 coverage(s) 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
thereon, 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
GON IRACT FOR PEST CONTROL <3ERVICES Page 6 of s9
PPP.13F?rv+-es. !.[('dba Rid-All Pest Coritrol
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 herein
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.
(-,ON fi?Acr Fop PEST CON TROL SEPWCES page 7 of 19
} P der.+�:es, I.1_C f iha Rid-All Vest C intro[
WARRANTY
Contractor warrants that it understands the actual and potential hazards which are
presented to persons, property and the environment by the type of work to be
performed under this contract.
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
or 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 falls 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 notify
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 HAC T FOR PES T GON MOL SERVICES Page 8 of 19
F'NP 1�ervicas, 1.t C dna Ride All f'lest Control
E. City may terminate this Contract with or without, cause upon written notice to
Contractor, provided that such termination shall be without I re'udice to an other
p Y
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 any work is to commence under this
contract and during the duration of the contract it 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.
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 all 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 goveming 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
COMPACT FOR PEST CONTROL SERVIC.,E:S Page 9 of 19
f JRP:Servicles. L L C"dba Pid.Ail F*¢,st Ca trol
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
(MMBE) PARTICIPATION
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("MIWBE"), 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 15.
NON-DISCRI MI NATION
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,
CON TRACT FOR PEST CON FROL SERVICE=S Wage 10 of 19
PRP Se v", s, I L C dha Rid-All Pest r ontng
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 nondiscrimination 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 LAIN
'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.
SEVERASILITY
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 other 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 CnNTROL SERVICES Page f I of r 9
PRA':13ervk es, L L C dba Pid-AN 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 (North
1000 Throckmorton
Fort Worth, Texas 76102-6311
If to the Contractor: Patrick Prather
PRP Services, LLC dba Rid-All Pest Control
Po Box 2 726
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 service(s) to be performed under this contract,
Contractor agrees to obtain the City's written acceptance of such subcontractor(s)
before allowing any subcontractor(s) to perform designated service or services. Failure
of 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.
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PPP,Ser ces. L L C:(Jt)a Rid-All Pest(.1- ntral
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 teams 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.
AU-rHORITY 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
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PPP ervfc;es, t.LC dha Rid-AH Pest Control
ATTACHMENT A
SCOPE OF CONTRACTOR'S SERVICES
Contractor shall furnish all labor, materials, and equipment necessary for 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 G IS, Storm Water,
Environmental Services, Public Works, and Parks.
Contractor shall place the City of Fort Worth into a guaranteed response position over
non-contract cities and other clients, if and when adulticiding treatments become
needed.
Typically the end of the mosquito season is October 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) for the remainder of the 2012
mosquito season.
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PRP Sen,we s. r_l C dba Rid-Art Pest Goon of
s
•
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 larvicides 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. 'phis 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 larvacide 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 bird population. Fogging or Ultra
Low Volume (ULV) applications are the most common treatments for dealing with adult
mosquitoes. In addition to these large-scale street fogging methods, RAPC uses
misting applications and cold fog ULV treatments in very specific and targeted small
gale applications to effectively treat a known area of
GON TRAC T FOR PE r CON FROL SERVIOFS paw 15 of 19
PPP Services, LLC dha Rid-All PAST Coo-trol
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 JDA 1 SPCS) and Texas commission on Environmental Quality
(TCEQ) TPDES General Permit TXG870000. RAPC will act as a For Hire Commercial
Applicator under the Level 11 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
CON TRAC T FOR PES T CON TROL SERVICES Page 16 of 19
PRP._Services, I.I_C dba Rid-Ail Pest Control
n
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
("ON FRAC T FOR PES r CON rROL Sf.RVFC,F S Page f I of 19
"PP -erv±ces, LL C dba ltd-All Pest Control
ATTACHMENT B
COMPENSATION
2012 Season Pro-rated Retainer Fee: $3500.00
2012 Season CDC Reiter Gravid Fee: $95.00 per trap
2012 Season Hourly Larvaciding Fees:
1 hour up to 25 hours: $220.00 per hour
25 hours up to 40 hours $200.00 per hour
40 hours and over $180.00 per hour
2012 Season Adulticid ing Rates:
Backpack ULV or Mist: $240.00 per '/ linear mile, $400.00 minimum
UTV Fogging: $225.00 per 1/2 linear mile, $075.00 minimum
Truck Mounted $135.00 per 1 linear mile, $1100.00 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
CONTRACT FOR PEST CONTROL SERVICES Page fS of 19
PPP Services, l I.C dba Rid.-All Post Control
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 CONTRACTOR
PRP Services, LLC dba Rid-Ali Pest
Control
BY: .
Charl . Daniels Patrick Prather
Assistant City Manager President
Dated: V
Z
RECOMMENDED:
ott Hanlon w _
Assistant Director, Code Compliance ss
APPROVED AS To FORM
AND LEGALITY:
ae.-I 14, CORPORATE SEAL.
Arthur N. Bashor
Assistant City Attorney
ATTEST low FRO
*� r %0
co ntract Authorizatloa
o
0
0
M ry J. Kay �pity Secreto Date
Ap 00()000* .o'
4'ON FRAC r FOR NEs r CON TROL SERVICES OFFICIAL RECORD f-)age 9 of r 9
�nP ServIce s. L L C dba Rid-Al!Pest Control
CITY SECRETARY
FT.WORTH, TX
M&C- Council Agenda Page 1 of 2
.�J
City of Fort Worth, Texas
a M or and
DATE: Tuesday, August 21, 2012 REFERENCE NO.: **P-'I 1425
LOG NAME: 13P1 2-8284 MOSQUITO MANAGEMENT EMERGENCY CC
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 $100,000.00.
DISCUSSION:
Approval is requested for an emergency Agreement issued for mosquito management services to inhibit
spread of the Vilest 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 Vilest 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.
IVIBE/SBE -A waiver of the goal for MBEISBE 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 1 CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
BQNI12-02841CC
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICA'T`IONS:
http://apps.cfwnet.org/ecounciI/printmc.asp?id=I 7319&print=true&DocType=Print 8/17/2012
Ni&C -Council Agenda Page 2 of 2
Susan Alanis (8180)
Oriainatina Department Head: Lena Ellis (8517)
Jack Dale (8357)
Additional Information Contact: Cristina Camarillo (8355)
ATTACHMENTS
1. MMS CONTRACT.PDF (CFW Internal)
2. Rid All.docx (CFW Internal)
3. Waiver#12-0284.pdf (CFW Internal)
http:/l apps.cfwnet.org/ecounciUprintmc.asp?id=17319&print=true&DocType=Print 8/17/2012