2011-24 PROFESSIONAL PEST CONTROL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this .26 day of Apc_i ( 2011,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER "), and PCS Pest Control Services, Inc., 121 Market
Street, Leesburg, FL 34748 (hereinafter referred to as "CONTRACTOR ").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the bid documents
and specifications entitled:
RFB NO. 11 -008 Pest Control Services
as prepared by Owner and its agents and shall do everything required by this Contract
and the other Contract Documents contained in the specifications, which are a part of
these Documents.
ARTICLE II — TERM
1. This Agreement shall be effective as of the first day of the month after OWNER
executes the Agreement or such other day as OWNER authorizes the Agreement to
commence. Thereafter it shall automatically terminate one (1) year from the effective
date, unless renewed or earlier terminated as provided below.
2. OWNER may renew this Agreement at the same prices and terms contained
herein for four (4) consecutive terms, each not to exceed one (1) year.
3. OWNER shall have the right upon fifteen (15) days written notice to
CONTRACTOR to terminate this Agreement with or without cause. In the event of
termination without cause hereunder, OWNER shall pay CONTRACTOR for services
provided up to the date of termination.
ARTICLE II - THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract as set forth in the contract documents and the Unit Price Schedule, attached
hereto and incorporated herein as Exhibit "A ", in lawful tender of the United States, the
total contract sum of THREE THOUSAND SIX HUNDRED SIXTY DOLLARS
($3,660.00).
ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK
1. The CONTRACTOR shall commence work within 10 calendar days after receipt
of a Notice to Proceed or Purchase Order, and shall provide the services on a
monthly basis in accordance with a schedule to be agreed -upon with the Owner.
All pest control services shall be performed during Owner's normal business
hours and shall be subject to restrictions as imposed by Owner with regard to
access to any specific area.
2. The CONTRACTOR shall perform all services in a diligent and professional
manner an in accordance with all applicable laws.
3. The CONTRACTOR further declares it has examined the sites of the work and
that from personal knowledge and expenence or that it has made sufficient
investigations to fully satisfy it that such sites are correct and suitable for the work
and it assumes full responsibility therefore. It is expressly agreed that under no
circumstances, conditions or situations shall this Contract be more strongly
construed against the OWNER than against the CONTRACTOR and his Surety.
Any ambiguity or uncertainty in the Specifications shall be interpreted and
construed by the OWNER's representative and his decision shall be final and
binding upon all parties.
4. It is distinctly understood and agreed that the passing, approval and /or acceptance
of any part of the work or material by the OWNER or by any agent or
representative as in compliance with the terms of this Contract and/or the
Specifications covering said work shall not operate as a waiver by the OWNER of
strict compliance with the terms of this Contract and/or the Specifications
covering said work; and the OWNER may require the CONTRACTOR and/or his
Surety to redo any service provided to comply strictly and in all things with this
Contract and the Specifications.
ARTICLE IV - PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents as provided,
the OWNER shall pay the CONTRACTOR in twelve (12) equally monthly installments
within thirty (30) days of the receipt of a valid and accurate invoice for services provided
dunng the prior month. The invoice shall not become due and payable until approved by
OWNER. CONTRACTOR shall not bill OWNER more frequently then one time per
month.
ARTICLE V — INSURANCE AND INDEMNIFICATION
Throughout the term of this Contract, CONTRACTOR shall maintain insurance as set
forth in the Contract Documents. To the fullest extent permitted by law, the
CONTRACTOR shall indemnify and hold harmless the OWNER and its agents and
employees from and against all claims, damages, losses and expenses, including but not
limited to attorney's fees, arising out of or resulting from the performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property and (2) is
caused in whole or in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, or anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this Article. In any and all claims against the
OWNER or any of its agents or employees by any employee of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR or any
subcontractor under workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts. The CONTRACTOR hereby acknowledges receipt of ten
dollars and other good and valuable consideration from the OWNER for the
indemnification provided herein.
ARTICLE IX - NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
couner service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
CONTRACTOR: PCS Pest Control, Inc.
121 Market Street
Leesburg, FL 34748
Attn.: Robert F. Hicks
OWNER: City of Clermont
Attn: Wayne Saunders, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE X — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any 'other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable; such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both'parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by contractor.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by contractor, in whole or in part, without the prior written consent of
city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Records. CONTRACTOR expressly understands and acknowledges that any and
all documents related to the services provided herein, may be considered records
that are subject to examination and production in accordance with Florida's
Public Records Law. CONTRACTOR expressly agrees that it will comply with
all requirements related to said law and that it will hold city harmless for any such
disclosure related to Florida's Public Records Law.
- ARTICLE XI - CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as
if herein repeated.
Document Precedence:
1. Contract Agreement
2. All documents contained in RFP No.: 11 -008 Third Street Road Improvements
and CONTRACTOR's March 28, 2011 response thereto, including any all addenda or
amendments therteto.
3. Instructions to Bidders
IN WITNESS WHEREOF the parties hereto have executed this Agreement on
this 2(o day of /4-p e. i 1 ., 2011.
' - C i ty of Clermont
r .
411J1
lDpt
Harold S. Turville, Jr., Mays
- Attest:'
•
,0"Tracy Ac d e, City Cler
PCS Pest Control, Inc.
By: gab
Robert F. Hicks
Ra36ar /
President
Attest:
Corporat Secretary
1INQy 1\i n Otis v-e t 1
(Name Printed or Typed)
EXHIBIT "A"
UNIT PRICE SCHEDULE
City of Clermont
SECTION - C
PRICE SCHEDULE
Pe Control Price Per
I.n Description Annual Price
Annual Visits Visit
City Hall Building — 685 West Montrose Street
1
NOTE: City Hall pest control will be performed on the extenor
of building around doorways, around lower wndows and 12 J
/ x /I . 00
building grounc level. If pest control (spot treatment) is
needed inside the building a special request will be made.
2 Chamber of Commerce — 691 West Montrose
Street 12 { 0, 00 up. 00
3 Public Services Office Building — 400 12 Street 12 /O. 0 41_0, PC
4 Public Services Sign Shop — 400 12 Street 12 �� DO //0. a0
5 Waterfront Band Shell Pavilion and Restrooms —
330 Third Street 12 /p, p0 /,LO. 00
6 Bishop Field — 950 East Avenue 12 /o. oc i JD . 0 0
7 Boat Ramp Restroom — 938 West Lake Minneola
Drive 12
F. pa 14,00
8 McKinney Park Pavilion — 801 Bloxam Avenue 12 /O. 00 /AA • 420
9 Waterfront Park Restrooms —100 3 Street 12 f0. 00 /J,p , 00
10 West Beach Restrooms — 21512'" Street 12 tB o 0 7?. • 00
11 Trail Head Restroom — 797 West Minneola 12
Avenue /0 ou /.2-8 DD
12 West Park Pavilion and Restrooms — th
250 12
Street 12 / p . 0o i,Z 0. 00
Palatlakaha Park Concession Stand and
13 Restrooms —1250 12 Street 12 , /p o 0 /,t„ 0. 00
Palatlakaha Park Playground and Restrooms —
14 1250 12 Street 12 i0 , 00 1. 2 . 0. 0 0
15 Hancock Park Ball Fields Restrooms — 3301
South Hancock Road 12 /0 , o 0 /AO. 00
16 Hancock Park Pavilion Restrooms — 3301 South 12
Hancock Road 5 042 (o ., 00
17 Hancock Park Concession Stand — 3301 South
Hancock Road 12 /0, 4"I /2, fl > 00
18 Lake Fetter Park — 1750 Johns Lake Road 12 3• Ov 6o, PO
RFB No 11 -0D8
Page 16 of 36
City of Clermont
SECTION - C
PRICE SCHEDULE
l.ri Description Pest Control Price Per
p Annual Price
Annual Visits Visit
19 Public Services Office Building —1201 Osceola 12
Street /S 4'0 ° P
20 Public Services Break Room —1201 Osceola 12
Street S 00 6
21 Police Station — 865 West Montrose Street 12 20, o p 1 2410. 0O
22 Fire Department Administration Building — 439 W 12
Hwy. 50
/O, 00 / OD
23 Fire Station #1 —439 West Hwy. 50 12 40° "?....00
24 Fire Station #2 — 2200 Hartwood Marsh Road 12 6 O0 - 7d , 0+5
25 Fire Station #3 — 2180 Legends Way 12 re �a 7 0 0
26 Historical Site Building "A" Depot and Pavilion — 12
490 West Avenue S" a 4:0, DO
27 Historical Site Building "B' Townsend Home —
490 West Avenue 12 , o c 1.2- • a
28 Historical Site Building "C° Kem Home —490
West Avenue 12 6 . GO — 72, • do
29 Historical Site Building "D" Cooper Memorial /
Library — 490 West Avenue 12 1p. O 0 '22 . 00
30
Kehlor Park Building — 466 West Minneola
Avenue 12 (0 0 t2 00
31 Women's Club — 655 West Broome Street 12 le. oo 12
East Wastewater Treatment Plant Budding ' A " —
32
3335 South Hancock Road 12 7..® oo 2 yo. a o
33 East Wastewater Treatment Plant Building "B" — 12
3335 South Hancock Road ,5,- 00 e OD
_ .. Total Amount ` 3640, CO
71 -‘2-4
SPECIAL REQUESTS AND EMERGENCY SERVICES $ EACH CALL
RFB No: 11 -008
Page 17 of 36