HomeMy WebLinkAboutContract 58537 City Secretary Contract No. 58537
FORTWORTH.
4
NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE 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 its duly authorized Assistant City Manager, and CANTU
ENTERPRISES (DALLAS), LLC ("Vendor"), a Texas Corporation and acting by and through its duly
authorized representative, each individually referred to as a "party" and collectively referred to as the
"parties."
1. Scope of Services. Pest and termite control services and preventative maintenance (the
"Services") which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for
all purposes.
2. Term. This Agreement begins on the date signed by the Assistant City Manager below
("Effective Date") and expires on November 30, 2023 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term"). City will have the option,in its sole discretion,to renew
this Agreement under the same terms and conditions,for up to four(4)one-year renewal option(s)(each a
"Renewal Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed One Hundred and Sixty Thousand Three Hundred
Eighteen Dollars and 00/100 ($160,318.00). Vendor will 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 will 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.
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 will 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 will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
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Cantu Enterprises(Dallas),LLC
CITY SECRETARY
FT.WORTH,TX
termination of this Agreement for any reason, Vendor will 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 will 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 will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this Agreement,or the final 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 will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as 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 will 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
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employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will 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,contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND 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, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYMND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND 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,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
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 will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will 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 will 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 costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will 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 will fully participate and cooperate
with City in defense of such claim or action.City agrees 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 will 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
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restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, 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 the
software 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.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will 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 will 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 will be 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,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will 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 Services are being performed
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Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions): ❑ Applicable ❑N/A
$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 must 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 must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must 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 must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must 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 all policies must be licensed and/or 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 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 will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will 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 will comply with all applicable federal, state and local laws,
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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 laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will 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, CONTRACTORS,
SUBCONTRACTORS, 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 will 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 Cantu Enterprises(Dallas),LLC
Attn: Assistant City Manager Layne Mashburn,Branch Sales&Service Manager
200 Texas Street 4950 Keller Spring Dr. #420
Fort Worth,TX 76102-6314 Addison, TX 75001
Facsimile: (817)392-8654 Facsimile: (972)562-998
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, 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
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will 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 does 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 will 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
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Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will 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; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will 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 and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will 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 will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
24. 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 will 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.
25. Immieration Nationality Act. Vendor must 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 will provide City with copies of all I-9
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Cantu Enterprises(Dallas),LLC
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures, guides, and documentation that are created,published, displayed, or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will 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 will 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.
27. Sienature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the 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.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Chanee in Company Name or Ownership. Vendor must 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.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Energy Companies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
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the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not
boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries.Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021,87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that
Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement 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.
(signature page follows)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
Dana Burghdoff(Dec S,zo o:ss CST),/
this contract,including ensuring all performance and
By.
Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager
1205 22 EGrucr��Sccelxzr� 4Ca�Sluuor
Date: ,20_ By: Ellana G—raonbehalfofAlan Shuror(Dec 5, 0.CST)
Name: Alan Shuror
APPROVAL RECOMMENDED: Title: Property Management Assistant Director
APPROVED AS TO FORM AND LEGALITY:
By:
Steve Cooke(Dec 5,2022 09:31 CST)
Name: Steve Cooke
Title: Property Management Director By:
Y:
0*FOR�t n� Name: Matthew A. Murray
ATTEST:
�� °A yea Title: Assistant City Attorney
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CONTRACT AUTHORIZATION:
Jannette S.Goodall d�Q�nEXA`4oQp M&C: 22-0909
By: Form 1295: 2022-936353
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Cantu Enterprises (Dallas), LL
By:
Name: Layne NaAburn
Title: Branch SIdles& Service Manager
Date: 12 11
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 Pest and termite control services to City Departments on an "as needed" basis and for
preventative maintenance.
2.0 DETAILED SPECIFICATIONS
2.1 Monthly Pest Control and Preventative Services
2.1.1 Pest control service is designed to meet the specific needs for the control of insects,
spiders, rodents, and other domestic pests by complete coverage of all possible
areas of infestation in and around specified buildings.The specifications cover and
include the furnishing by the Vendor of all professional services, labor, material,
insecticides, tools, equipment, insurance, permits, and licenses necessary to
accomplish the pest control, herein after described and use the most modern and
professional pest procedures according to industry practices.
2.1.2 Services provided within this Agreement shall include the control of all pests,
including but not limited to,termites,crickets,roaches,silverfish,ants,fleas,ticks,
spiders, scorpions,rats,mice,bees, etc.
2.1.3 Areas to be treated in each building shall include,but not limited to,the following:
2.1.3.1 All common areas.
2.1.3.2 Food preparation and serving areas.
2.1.3.3 Restrooms, corridors, private offices, storage, mechanical rooms, and
stairways.
2.1.3.4 The outside perimeter of buildings up to five(5) feet.
2.1.3.5 Floors,doors,foundation,offices,restroom facilities and lunchroom areas.
2.1.3.6 Fly lights in the attic at the Calvert Building.
2.1.4 Vendor is responsible for scheduling site visits prior to providing quote once a
request for work has been received.
2.1.5 Reduced impact products should be used, with an emphasis on control from
building exterior.
2.1.6 All per unit pricing for any additional properties added after award shall be
comparable to bid pricing based on facility dimensions.
Vendor Services Agreement
Cantu Enterprises(Dallas),LLC Page 11 of 25
2.1.7 All equipment,materials,and chemicals used by the Vendor are to be of the highest
standard and shall meet all state,and Federal Insecticide,Fungicide,Rondenticide
Act standards and regulations.
2.1.8 Rodent Control— The services shall include the use of bait stations and poisons
used in the pest control trade for the treatment and control of mice and rats.Vendor
will be responsible for providing monthly maintenance and installing bait stations
where needed.
2.1.8.1 Solid rodent control baits shall be placed in tamper-resistant, labeled bait
stations.
2.1.8.2 All rodent control stations shall be locked and require special key for
access.
2.1.8.3 All rodent bait shall be placed in areas where an infestation is present or
likely to occur, such as along walls, side service doors, and/or in storage
areas.
2.1.8.4 Mechanical traps and/or glue boards will be utilized in any food
preparation area.
2.1.9 Insect and Spider Control
2.1.9.1 All interior building areas and exterior perimeter are to be serviced.
2.1.9.2 Non-residual aerosols may be used during inspection and treatment to
determine if an infestation is present, and the specified area where
treatment is to be rendered.
2.1.9.3 Liquid residuals shall be applied in cracks and crevices or in a spot
application in non-food areas, and in areas with minimal heat and
humidity.
2.1.9.4 Residual dusts shall be applied in void areas.
2.1.9.5 Residual aerosols shall be applied using a crack and crevice injection
system to areas where excessive heat and humidity are present, in food
preparation areas,and any other areas as deemed necessary by the Vendor,
in order to gain and/or maintain an effective control program.
2.1.9.6 Insect baits are to be used, when necessary to treat areas with sensitive
electrical,and/or computerized equipment.
2.1.9.7 Exterior perimeter treatment shall 1 be performed for each treatment cycle.
This shall include treatment of the entire building perimeter, pedestrian
walkways and built up walkways.
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Cantu Enterprises(Dallas),LLC
2.1.9.8 All treatment schedules must be approved by the designated City point of
contact; and any variation from these schedules will be communicated,by
the Vendor, to the designated City contact no less than 24 hours from the
scheduled treatment date.
2.1.9.9 Vendor shall respond and perform re-treatments,as requested by the City,
within two (2) business days after receipt of such notice for re-treatment
at no extra charge to the City if infestations are found during the period
between monthly services.
2.1.9.10 Unsatisfactory services shall be re-performed within two (2) business
days after receipt of notice at no expense to the City.
2.1.9.11 Vendor is advised that all appropriate safety precautions must be taken.A
few locations may require periodic treatment to building grounds and/or
trash/garbage areas by request.
2.1.9.12 Spot treatments shall be on an"as needed"basis and shall be comparable
to bid pricing.
2.1.9.13 Vendors must include Material Safety Data Sheets (MSDS)with the bid,
including Chemical Abstract Service (CAS) number. It is also the
Vendors' responsibility to provide any updates or revisions of MSDS, as
they may become available for any products sold and delivered to the City
of Fort Worth.
3.0 TERMITES AND CARPENTER ANTS
3.1 The Vendor shall provide all supplies,materials, equipment, labor, supervision,management,
and transportation necessary to provide elimination of any termite and carpenter ants
infestations and provide those measures necessary to prevent a re- infestation for the duration
of the Agreement period.
3.2 Vendor is required to re-inspect the area treated within one year of the treatment date and any
infestation found will be treated at no additional cost to the City.
3.3 Termite inspection and treatment services shall be on an "as needed" basis and must be
approved by the City. All building areas shall be serviced by request when deemed necessary
by the City.
3.3.1 Vendor shall schedule treatment services within 72 hours of all requests.
3.3.1.1 In the event climate or weather conditions become unsuitable for work or
may induce an environmental hazard, then the entire work shall be
rescheduled to a date and time satisfactory to the Vendor and the City.
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Cantu Enterprises(Dallas),LLC
Postponement will not reflect any penalties assessed to the Vendor, nor
should there be any additional cost to the City.
3.3.2 Termite and carpenter ants inspection and treatment services required of the
Vendor are as follows:
3.3.2.1 Inspection to determine treatment measures that are appropriate and
required.
3.3.2.2 Evaluation of control measures through follow-up inspections.
3.3.2.3 In addition to the above, termite and carpenter ant inspection and
treatment services are to be performed on the immediate outside
surrounding area of the building(s) grounds (exterior), extending out at
least 6 inches from the building's exterior walls or to within the drip line.
3.3.2.4 Unsatisfactory services shall be re-performed within 72 hours of all
requests and at no expense to the City.
3.4 CHEMICAL PRODUCTS
3.4.1 Each Vendor will submit with bid, the following information regarding all
chemical products proposed for use under this agreement.
3.4.1.1 Name of proposed products,manufacturers name,and a list of all chemical
components,with CAS numbers for each chemical compound.
3.4.1.2 Proposed application rates and quantities to be used during any treatment
cycle.
3.4.1.3 Current MSDS information for each proposed product.
3.4.1.4 Written description of proposed treatment plan for all pests covered within
the Agreement.
3.4.2 All products proposed are subject to approval by the City of Fort Worth.
3.4.3 Vendor shall maintain a complete treatment log and application record for all
properties within this bid. These records shall be made available to the City upon
request.
3.4.4 All pesticide applications may be done during normal business hours (Monday—
Friday, 8-5), with the exception of departments who run on a 24/7 operation or
unless otherwise requested and/or approved by the City.Vendor is responsible for
insuring proper pest control signage and notification. All application-posting
procedures are to be followed, according to State and Federal Right-to-Know
statutes.
3.4.5 Current labels and MSDS information must be submitted to the City prior to
Vendor Services Agreement Page 14 of 25
Cantu Enterprises(Dallas),LLC
application.
3.4.6 Vendor must advise the City,in writing,of any changes in the pesticides proposed
in the original bid submittal.Vendor shall not proceed with any work until written
authorization is receive for the City of Fort Worth.
3.4.7 Vendor shall comply with all pesticide application requirements as set forth by the
City,the Texas Structural Pest Control Services,through the Texas Department of
Agriculture (whichever is applicable), the Texas Natural Resource Conservation
Commission, the Federal Environmental Protection Agency (EPA), and all
manufacturers' instructions provided with chemicals on labels and/or in
accompanying brochures. If the chemical mix being used is questionable, the
appropriate regulatory agency will be requested to check and verify requirements.
3.4.8 All equipment used by the Vendor for pesticide application must be approved by
the Texas Structural Pest Control Services, through the Texas Department of
Agriculture and must comply with all applicable State, Federal and Occupational
Safety and Health Administration(OSHA)regulations.
3.4.9 All pesticides shall be mixed and applied in strict accordance to manufacturer's
EPA registered labels.
3.4.10 The chemicals used must not leave a visible residue on the furniture,baseboards,
walls, etc. in any occupied areas of the buildings.
3.5 SPECIAL PROVISIONS-The Vendor shall adhere to the following provisions in performing
pesticide applications of the areas specified below:
3.5.1 Food Handling Areas—Treatment of these areas is limited to only times when food
is not being held,processed,prepared, served, and while not occupied by facility
employees.
3.5.2 Occupied Areas—Vendor shall utilize pesticides with as low as volatility and as
odor free as possible in order to keep odor levels from affecting occupants.
3.6 HAZARDOUS CONDITIONS
3.6.1 The Vendor is required to notify the City within 24 hours of any hazardous
conditions and/or damage to City property.
3.6.2 The Vendor shall not dispose of any excess pesticide containers or any other
materials contaminated by pesticides at any City location.
3.6.2.1 Disposal fee must be included in the unit price and the City should not be
charged extra for disposal fees.
3.6.3 No pest control materials or equipment shall be stored or kept at any facility when
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Cantu Enterprises(Dallas),LLC
the operator is not working.
3.7 REQUIRED VENDOR REPORTING
3.7.1 Vendor personnel shall report to the building point of contact upon arrival at the
facility. All work is to be performed according to scheduling unless otherwise
approved by the City.
3.7.1.1 Vendor shall provide a 24-48 hours advance notice of scheduling changes.
3.7.2 Vendor shall provide the following information,as a minimum,for each site prior
to any pesticide application:
3.7.2.1 Consumer Information Sheet; and
3.7.2.2 Notice of Pest Control Treatment
3.7.3 After treatment, when the facility being treated is occupied, Vendor will provide
the facility staff with a written statement explaining how long facility staff and
users should wait before it is safe to re-enter the treated area. If the facility is not
occupied, a notice will be placed on the main entrance door to warn facility staff
and users not to enter the treated area prior to a specific time, when it is safe to
enter the facility. The notice will be dated and signed by the Vendor personnel
posting the notice.
3.7.4 Vendor shall complete and submit to the designee, a service report of all services
performed during the site visit the same day as services are rendered.
3.7.5 The Vendor is responsible for supplying, completing, and submitting all reports
required or requested by Federal, State, and/or local ordinances which pertain to
any duties contained in the Agreement.
3.7.6 The Vendor shall furnish any facility,prior to initial application of pesticides,the
trade names(if any),and chemical names of the chemicals proposed for use and a
label showing the contents, the use strength of the chemical as applied and the
antidote thereto. Vendor should furnish the same information each time he/she
changes chemicals or products used in the performance of this agreement. This
information is required for emergency treatment in the event of ingestion and/or
contact with the material by humans. MSDS are also required for each product
used by the Vendor. MSDS (2 copies for each product) should be provided to the
facility designee prior to use of each chemical product.
3.8 IDENTIFICATION
3.8.1 Each employee of the Vendor shall be identified by photograph identification
badge and uniform readily identifying the worker as an employee of the Vendor's
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Cantu Enterprises(Dallas),LLC
firm. Each employee must be so identified at all times while performing work in
any City facility. Family members and/or friends of the Vendor's firm designated
employees are not allowed to accompany them on the job site.
3.9 WARRANTY
3.9.1 The Vendor warrants and guarantees the part(s), material(s), and/or service(s)
against any defects or failures to operate satisfactorily.
3.9.2 The Vendor shall provide a warranty to include at a minimum,but not limited to
the following:
3.9.2.1 In addition to any other warranties in this purchase, the Vendor warrants
that all work and products supplied in this purchase conforms to the
specification requirements and is free from any defect in workmanship,
equipment,material,or design furnished by the Vendor or any supplier at
any tier.
3.9.2.2 Vendor agrees to re-perform at no additional cost to the City of Fort
Worth, any and all defective work and products. The City defines
"prompt" repair or replacement to be within twenty- four(24)hours after
notification by authorized City personnel.
3.9.2.3 This warranty shall continue for a period of 90 days from date of
acceptance of products and work by the City.
3.9.2.4 The Vendor shall remedy at the Vendor's expense any non-conforming or
defective products or work. In addition, the Vendor shall remedy at
Vendor's expense any damage to real or personal property owned by the
City of Fort Worth,when that damage is the result of a defect of products
furnished.
3.9.2.5 The Vendor's warranty with respect to products repaired or replaced will
run for 90 days from date of installation and acceptance of such by the
City.
3.9.2.6 The City of Fort Worth shall notify the Vendor,within 72 hours after the
discovery of any failure, defect,or damage.
3.9.2.7 If the Vendor fails to remedy any failure,defect,or damage within 30 days
for most incidences,or approved time otherwise after receipt of notice,the
City of Fort Worth shall have the right to replace, repair, or otherwise
remedy the failure,defect,or damage at the Vendor's expense.
3.9.2.7.1 Repairs must be scheduled within 72 hours
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Cantu Enterprises(Dallas),LLC
3.9.2.8 This warranty shall not include failures attributable to accident, fire, or
negligence on the part of City personnel.
3.9.2.9 With respect to all warranties, expressed or implied, from manufacturers,
or suppliers for work performed and materials furnished under this
purchase,the Vendor shall:
3.9.2.9.1 Obtain all warranties that would be obtained in normal
commercial practice;
3.9.2.9.2 Enforce all warranties for the benefit of the City of Fort
Worth.
3.10 VILLAGE CREEK WASTEWATER TREATMENT PLANT
3.10.1 Pesticides/chemicals used at Village Creek must meet all requirements as
described in Section 3.4 of this Specification. Monthly pest control service shall
be performed in the Administration Building as well as the Warehouse.
3.10.2 For the Administration Building, the Warehouse, and the Tech Building, the
awarded vendor will be responsible for exterior perimeter treatment. The awarded
vendor will be required to do a thorough survey of the perimeter of the buildings
to identify areas of insect harborage and treat those areas by applying granules
when necessary at no additional cost to the City.
3.10.3 For exterior perimeter treatment, if the Vendor wishes to treat for insects using
something other than granules then the Vendor must first obtain written permission
from the City.
3.10.4 Spot treatments for pests may be needed in supporting buildings, basements, and
other designated areas at Village Creek on an as need basis.
3.10.5 Spot treatment shall be performed within three (3) business days after receipt of
notice from the City.
3.10.6 The awarded Vendor will be required to follow plant entry procedures for outside
Vendors.
3.10.7 Employees of the Vendor will be required to attend Vendor orientation training
prior to performing work at Village Creek.
4.0 INSPECTION
4.1 The ordering department will be responsible for making inspections,monitoring the Vendor's
activities and ensuring the work is performed in accordance with the Agreement specifications.
The designee shall record,process and submit all pertinent information to the Agreement file
for determination of termination of Agreement or for non-renewal.Copies of documents related
Vendor Services Agreement Page 18 of 25
Cantu Enterprises(Dallas),LLC
to inadequate performance will be submitted to the Purchasing Department.
4.2 In the event the Vendor fails to perform according to the terms of this Agreement, the
Department head or his/her designee will notify the Vendor, in writing, of its failures within
seven business days. A meeting may be arranged to discuss the Vendor's deficiencies. A
written cure notice will be prepared giving the Vendor ten (10) calendar days to cure any
deficiency. (check termination language. Make sure doesn't conflict)
4.3 In the event the Vendor continues with unsatisfactory performance,the Purchasing Manager or
his/her designee who will take appropriate action to cure the performance problem(s), which
could include cancellation,termination for convenience or default.
4.4 The City reserves the right to terminate this Agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers to cease work. Payment to
the Vendor will be based on actual quantities of work performed and accepted by the City.
5.0 SECURITY REQUIREMENT
5.1 The Vendor shall abide by all Criminal Justice Information Services and City security
procedures,rules and regulations,and shall cooperate with City security personnel.
5.2 The Vendor shall provide a work schedule for each employee assigned to work at a City of Fort
Worth Police Department facility in advance of the work week.
5.3 Under no circumstances shall the Vendor assign personnel who are not legally authorized to
work in the United States of America.
5.4 Vendor shall provide 1-9 forms for each employee assigned to the City Agreement, and
documentation supporting the submission of said forms.
5.5 Vendor shall provide all, if any, "No-Match" letters from the Social Security Administration.
The Vendor shall file with the City of Fort Worth Purchasing Division, prior to the
commencement of services, a list of all personnel assigned to the City Agreement, including
driver license and social security numbers.
5.6 Failure to provide such information within five(5)calendar days may be grounds for agreement
termination.
5.7 The Fort Worth Police Department may issue a City identification badge identifying the worker
as an employee of the Vendor's firm. The City identification badge shall be visibly worn at all
time during the performance of work at all Police Department facilities.
6.0 INTOXICANTS AND ILLEGAL DRUGS
6.1 The use of any kind of intoxicants while on duty or use of illegal drugs at any time by the
Vendor's employees shall constitute grounds for termination of this Agreement by the City.
Vendor Services Agreement Page 19 of 25
Cantu Enterprises(Dallas),LLC
6.2 Vendor's employees shall not bring intoxicants or illegal drugs onto City property.
7.0 BACKGROUND INVESTIGATIONS
7.1 Vendor's personnel shall have criminal background check performed prior to being placed on
City Agreement.
7.2 Under no circumstances shall any Vendor personnel having any convictions or pending
criminal hearings be assigned to the City Agreement.
8.0 DRUG SCREENING
8.1 Provisions shall be made for drug screening for each employee assigned to the City Agreement.
8.2 The Vendor shall provide certification that each employee assigned to City facilities is drug
free prior to their assignment.
8.3 Additional drug screening may be requested by the City; the Vendor at his/her cost will have
testing performed.
9.0 LAWS,REGULATIONS,AND ORDINANCES
9.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations
and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety
and Health Administration (OSHA), and the Texas Commission on Environmental Quality
(TCEQ). In the event any law,regulation or ordinance becomes effective after the start of this
Agreement, the Vendor is required to comply with new policy. Any mandates requiring the
City to comply with new guidelines will also require the Vendor to comply.
10.0 INVOICING REQUIREMENTS
10.1 The City of Fort Worth has begun implementing an automated invoicing system.
10.2 The Vendor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: supplierinvoices(a),fortworthtexas.gov.This email address is
not monitored so please do not send correspondence to this email address. The sole purpose of
the supplier invoices email address is to receipt and process supplier invoices.
10.3 Please include the following on the subject line of your e-mail: vendor name, invoice
number, and PO number, separated by an underscore (ex; Example, Inc._123456_FW013-
000001234)
10.4 To ensure the system can successfully process your invoice in an expedient manner,please
adhere to the following requirements:
• All invoices must be either a PDF or TIFF format.
Vendor Services Agreement Page 20 of 25
Cantu Enterprises(Dallas),LLC
• Image quality must be at least 300 DPI(dots per inch).
• Invoices must be sent as an attachment(i.e.no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
• Please do not send handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
o Supplier Name and Address;
o Remit to Supplier Name and Address,if different;
o Applicable City Department business unit#(i.e.FW013)
o Complete City of Fort Worth PO number(i.e. the PO number must contain
all preceding zeros):
o Invoice number;
o Invoice date; and
• Invoice should be submitted after delivery of the goods or services.
10.5 To prevent invoice processing delays,please do not send invoices by mail and email and
please do not send the same invoice more than once by email to
suplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the
City Department ordering the goods/services or the Central Accounts Payable Department by
email at ZZ_FIN_AccountsPayable e,fortworthtexas.gov.
10.6 If you are unable to send your invoice as outlined above at this time, please send your
invoice to our centralized Accounts Payable department instead of directly to the individual
city department. This will allow the city staff to digitize the invoice for faster processing.
10.7 If electronic invoicing is not possible,you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth,Texas,76102
The City's goal is to receive 100%of invoices electronically so that all supplier payments
are processed efficiently. To achieve this goal,we need the Vendor's support.
10.8 Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish
tax exemption certificate upon Vendor's request.
Vendor Services Agreement Page 21 of 25
Cantu Enterprises(Dallas),LLC
11.0 UNIT PRICE ADJUSTMENT
11.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one
time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or
downward, from the established contract price that is supported by demonstrated Price
Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor.
Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the
sole discretion of the City to determine whether an adjustment is necessary and/or acceptable.
11.2 Quarterly means the City's Fiscal year quarters,being each of the three(3)month periods
the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 —
March 31; Q3P: April 1 —June 30; Q4: July 1 —September 30.
11.3 Price Adjustment Justification means documentation supporting a requested Price
Adjustment and showing an objectively verifiable basis for a change in price due to the
documented impact of economic conditions on labor, equipment, or materials. Examples of
possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or
updated supplier price sheets. It is within the sole discretion of the City to determine whether
Price Adjustment Justification is sufficient and/or acceptable.
11.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before
the effective period(1st day of a new quarter). The Vendor must provide all Price Adjustment
Justification,as defined above,at the time of its request for a Price Adjustment.
11.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is
unreasonable or not fully supported by adequate Price Adjustment Justification, the City
reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its
entirety and allow the contract to expire at the end of the contract term. If the City elects not to
accept a requested Price Adjustment,the Purchasing Division may issue a new solicitation.
11.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors
in extensions or totals, the unit prices offered will govern. Upon expiration of the Agreement
term the successful bidder, agrees to hold over under the terms and conditions of this
Agreement for a reasonable period of time to allow the City to re-bid an Agreement, not to
exceed ninety (90) days. Vendor will be reimbursed for this service at the prior Agreement
rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that
expressly or by their nature extends beyond and survives the expiration or termination of this
Agreement.
11.7 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day
prior written notice to the Purchasing Manager.
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Cantu Enterprises(Dallas),LLC
11.8 Only Published price changes will be accepted. Prices that were in effect at the time of
order placement shall take precedence.
Vendor Services Agreement Page 23 of 25
Cantu Enterprises(Dallas),LLC
EXHIBIT B
PAYMENT SCHEDULE
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BID SOLICITATION
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Page 4 of 65
Vendor Services Agreement Page 24 of 25
Cantu Enterprises(Dallas),LLC
EXHIBIT B
CONTINUED PAYMENT SCHEDULE
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BID SOLICITATION
EventlC Rnp■ htrltod: PUBLIC EVENT DETAILS
Lira,-2 2-D 197
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Vendor Services Agreement Page 25 of 25
Cantu Enterprises(Dallas),LLC
11/9/22,4:18 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOT
WoRym
Create New From This M&C
DATE: 11/8/2022 REFERENCE **M&C 22- LOG NAME: 13P ITB 22-0197 PEST
NO.: 0909 CONTROL HO
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL) Authorize Purchase Agreements with Cantu Enterprises (Dallas) LLC for Pest
Control in an Annual Amount Up to $160,318.00 and Authorize Four One-Year Renewals
for the Same Annual Amount for the Property Management, Fire, Information Technology
Solutions, Park and Recreation, Public Events, Water, Communication and Public
Engagement, Neighborhood Services, Police, Code Compliance and Transportation and
Public Works Departments
RECOMMENDATION:
It is recommended that City Council authorize purchase agreements with Cantu Enterprises (Dallas)
LLC for pest control in an annual amount up to $160,318.00 and authorize four one-year renewals for
the same annual amount for the Property Management, Fire, Information Technology Solutions, Park
and Recreation, Public Events, Water, Communication and Public Engagement, Neighborhood
Services, Police, Code Compliance and Transportation and Public Works departments.
DISCUSSION:
The Property Management, Fire, Water, Information Technology Solutions, Park and Recreation,
Communication and Public Engagement, Public Events, Neighborhood Services, Police, Code
Compliance and Transportation and Public Works departments approached the Purchasing Division
to assist with securing an agreement for pest and termite control services. This agreement will be
used to treat pests and termites for City buildings and properties. To procure these goods,
Purchasing staff issued an invitation to Bid (ITB) 22-0197 which consisted of detailed specifications
describing the pest control and termite control services required and locations these services will be
required.
The ITB was advertised in the Fort Worth Star-Telegram for five consecutive Wednesdays beginning
on August 24, 2022 through September 21, 2022. The City received one bid.
An evaluation panel consisting of representatives from the Property Management and Water
departments reviewed and scored the submittals using the Best-Value criteria. The individual scores
were averaged for each of the criteria and the final scores are listed in the following table.
Bidders (Evaluation Factors
I"• FE__[c._I"• Total Score
Cantu Enterprises (Dallas) LLC 18 14.5 8.5 0 70.67
Best Value Criteria:
a. Vendor's qualifications and experience
b. Availability of resources to provide services
c. Vendors Approach to perform services
d. Cost of service
After evaluation, the panel concluded that Cantu Enterprises (Dallas) LLC, presents the best value
and will provide the necessary coverage for the City, therefore recommends that Council authorize an
agreement with Cantu Enterprises (Dallas) LLC. No guarantee was made that a specific amount of
these services will be purchased. Staff certifies that Cantu Enterprises (Dallas) LLC bid met
specifications.
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The maximum annual amount allowed under this agreement will be $160,318.00, however, the actual
amount used will be based on the need of the department and the available budget. The annual
department allocation for this agreement is:
Department Budgeted Account
Amount
Property Management $30,000.00 Other Contractual
(Services
Fire �$30,000.00 Ot�ontractual
(Services
Water F
$26,960.00 Ot�ontractual
(Services
Information Technology Solution $19,699.00 Other Contractual
i (Services
Park and Recreation $15,000.00 Other Contractual
i (Services
Communication and Public Other Contractual
Engagement F$15,000.00IServices
Public Events $11,000.00 Other Contractual
(Services
Neighborhood Services $3,396.00 Other Contractual
Services
000.00 rtherContractual
Police $5, rvices
Transportation and Public $2 828 00 Other Contractual
Forks r Services
Code Compliance I $1,435.00 Other Contractual
Services
FUNDING: Funding is budgeted in the Other Contractual Services account of the
participating department's Operating Funds.
BUSINESS EQUITY- Cantu Pest Control is in compliance with the City's Business Equity Ordinance
by committing to two percent Business Equity participation on this project. The City's Business Equity
goal on this project is two percent.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will
end one year from that date.
RENEWAL OPTIONS: This agreement may be renewed for up to (4) four one-year terms at the City's
option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, of the participating departments' Operating
Funds. Prior to an expenditure being incurred, the participating departments have the responsibility
to validate the availability of funds.
BQN\\
TO
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1�"
epartment Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year (Chartfield 2)
Fund Department Account Project Program Activity Budget Reference# Amount
F ID I I ID I I Year Chartfield 2
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by_ Reginald Zeno (8517)
Dana Burghdoff(8018)
Originating Department Head: Anthony Rousseau (8338)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
1295 Form.pdf (CFW Internal)
13P ITB 22-0197 PEST CONTROL HO funds availabilitypdf (CFW Internal)
22-0197 FID Table.xlsx (CFW Internal)
22-0197-Pest Control Services GOAL 22728 RZ.pdf (Public)
ITB 22-0197 Compliance Memo.pdf (CFW Internal)
ITB 22-0197 SAM Search.pdf (CFW Internal)
g YANAO%t a S. Croor)A&
Signature: Jan nette S.Goodall(Dec 5,202215:43 CST)
Email: jannette.goodall@fortworthtexas.gov
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