The URL can be used to link to this page

2011-45 TERMITE INSPECTION AND TREATMENT SERVICES AGREEMENT THIS AGREEMENT, made and entered into this Z day of J u / L( 2011, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "OWNER "), and FOUNTAIN PEST CONTROL, L.C.C., 1323 Shelfer 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 -017 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. r 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 nght 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. ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 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 restnctions as imposed by Owner with regard to access to any specific area 2 The CONTRACTOR shall perform all services m 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 covenng said work shall not operate as a waiver by the OWNER of stnct compliance with the terms of this Contract and/or the Specifications covenng said work; and the OWNER may require the CONTRACTOR and/or his Surety to redo any service provided to comply stnctly 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 within thirty (30) days of the receipt of a valid and accurate invoice for services provided during the pnor 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, includmg but not limited to attorney's fees, ansmg out of or resultmg from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attnbutable 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 nght 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 m 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 wnting 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. Fountain Pest Control, L.C.0 D.B A. Orkin 1323 Shelfer Street Leesburg, FL 34748 Attn. David Fountain 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 mstituted 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 m wnting 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 pnor 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, m whole or in part, without the pnor wntten 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, Flonda. 8 Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Flonda and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Flonda. 9. Records. CONTRACTOR expressly understands and acknowledges that any and 1 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 . 17 -017 Termite Inspection and Treatment Services and Contractor, Apnl 23, 2011 response thereto, including any all addenda or amendments thereto. 3. Instructions to Bidders IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thiap day of Jct , 2011. City of Cl- --- • t . °1' o S. Turville, Jr., Mayor Attest. / y 4d Tracy Ackroy', City Clerk 9 Fountain Pest Control, L L.C. D.B.A. Orkin By David Fountain Manager Attest4 Da lene Fountain, Manager EXHIBIT A PRICE SCHEDULE ova then : wa CiOliCf.? Fn .pee #o @a3 907 am* Erijgcep to k, gAd bled VijeaTaca QcopMe0 Period 1 City Hall Building — 685 West Montrose Street $810 11 $163 62 Subterranean Termites Chamber of Commerce — 691 West Montrose Street $848 61 $179 80 2 Subterranean Termites Public Services Office Building — 400 12 Street $191 36 $110 00 3 Subterranean Termites Public Services Sign Shop — 400 12 Street $281 36 $65 34 4 Subterranean Termites 5 Waterfront Band Shell Pavilion and Restrooms — 330 $653 36 $141 68 Third Street Subterranean Termites 6 Bishop Field — 950 East Avenue Subterranean $301 36 $118 80 Termites 7 Boat Ramp Restroom — 938 West Lake Minneola Drive $72 36 $27 72 Subterranean Termites 8 McKinney Park Pavilion — 801 Bloxam Avenue $215 86 $53 55 Subterranean Termites 9 Waterfront Park Restrooms —100 3 Street $155 61 $78 70 Subterranean Termites 10 West Beach Restrooms — 215 12 Street $141 36 $76 14 Subterranean Termites 11 Trail Head Restroom — 797 West Minneola Avenue $236 86 $57 33 Subterranean Termites 12 West Park Pavilion and Restrooms — 250 12 Street $117 36 $71 82 Subterranean Termites Palatlakaha Park Concession Stand and Restrooms — $268 36 $63 00 13 1250 12 Street Subterranean Termites Palatlakaha Park Playground and Restrooms —1250 $107.36 $34 00 14 12 Street Subterranean Termites 15 Hancock Park Ball Fields Restrooms — 3301 South $187 86 $48 50 Hancock Road Subterranean Termites 16 Hancock Park Pavilion Restrooms — 3301 South $215 86 $53 55 Hancock Road Subterranean Termites EXHIBIT A PRICE SCHEDULE Km i c 1i r o e zwa (t (6210 0 • on @C GYI J q2)DaffAtacuo Ititkil Tie Renewal Perio 17 Hancock Park Concession Stand — 3301 South Hancock $268 36 $63.00 Road Subterranean Termites Lake Felter Park — 1750 Johns Lake Road $142 36 $40 32 18 Subterranean Termites Public Services Office Building —1201 Osceola Street $141 86 $90 10 19 Subterranean Termites 20 Public Services Break Room — 1201 Osceola Street $215 86 $53 55 Subterranean Termites 21 Police Station — 865 West Montrose Street $818 36 $175 56 Subterranean Termites 22 Fire Department Administration Building — 439 W Hwy $408 61 $151 96 50 Subterranean Termites 23 Fire Station #1 — 439 West Hwy 50 Subterranean $271 11 $113 35 Termites 24 Fire Station #2 — 2200 Hartwood Marsh Road $636 86 $150.15 Subterranean Termites 25 Fire Station #3 — 2180 Legends Way Subterranean $584 61 $142 85 Termites 26 Historical Site Building "A" Depot and Pavilion — 490 $257 86 $61 10 West Avenue Subterranean Termites 27 Historical Site Building "B" Townsend Home — 490 West $156 36 $78 85 Avenue Subterranean Termites 28 Historical Site Building "C" Kern Home — 490 West $224.36 $105 00 Avenue Subterranean Termites 29 Historical Site Building "D" Cooper Memorial Library — $216 11 $103 50 490 West Avenue Subterranean Termites 30 Kehlor Park Building — 466 West Minneola Avenue $251 86 $110 00 Subterranean Termites 31 Women's Club — 655 West Broome Street $201 11 $50 90 Subterranean Termites 32 East Wastewater Treatment Plant Building "A" — 3335 $224 36 $55.00 South Hancock Road Subterranean Termites EXHIBIT A PRICE SCHEDULE IOW ii gic tip 0- 0io1 ©l A n 1 E r,t @ Renewal ° eriod East Wastewater Treatment Plant Budding "B" — 3335 $180 36 $83 26 33 South Hancock Road Subterranean Termites V -(TudO 1, ? r ou 0 `. $10,005.38 $2,972 00 - 10% off total renewal pnce $2,674.80 /.;,\41T3 FOD - 41c y , �� --e , . td Cam(? die ended OA) ) I_1 - -a '01 go i1 it,. 1 i 34 Subterranean Termite Treatment 100 /L Ft $3 00 $300 00 35 Drywood Termite Treatment — Fumigation/Tenting with 1,000 /Cu Ft. $0 05 $50.00 Vikane Gas (price per 1,000 cu ft ) 36 Drywood Termite Spot Treatment with BoraCare 100 Sq Ft $0 35 $35 00 37 Drywood Termite Spot Treatment with Timbor 100 Sq Ft $0 25 $25 00 38 Powderpost Beetle Treatment — Moisture Control 100 Sq Ft $0 25 $25 00 Combined with BoraCare 39 Powderpost Beetle Spot Treatment with BoraCare 100 Sq Ft $0 35 $35 00 40 Powderpost Beetle Spot Treatment with Timbor 100 Sq Ft $0 25 $25 00 41 Powderpost Beetle Treatment — Fumigation/Tenting with 1,000 /Cu Ft $0 50 $500 00 Vikane Gas at 10X Rate (price per 1,000 cu ft ) 42 Old House Borer Treatment — Moisture Control 100 /Sq Ft $0 35 $35 00 Combined with BoraCare 43 Oldhouse Borer Spot Treatment with Timbor 100 /Sq Ft $0 25 $25 00 44 Olhouse Borer Treatment — Fumigation/Tenting with 1,000 /Cu Ft $0 50 $500.00 Vikane Gas at 10X Rate (price per 1,000 cu ft ) SPECIAL REQUESTS AND EMERGENCY SERVICES $35.00 EACH CALL WARRANTY FOR TERMITE TREATMENTS 5 -Year Commercial