2016-53 AGREEMENT FOR
TERMITE INSPECTION &TREATMENT SERVICES
THIS AGREEMENT, made and entered into this /6.'"day of y41,s� 2016,
A.D., by and between the City of Clermont`685 West Montrose Street,Clermont, Florida
(hereinafter referred to as"CITY"),and FLORIDA PEST CONTROL&CHEMICAL CO.,
2334 Montclair Road, Leesburg,FL 34748,(hereinafter referred to as "CONTRACTOR").
WHEREAS,the City of Clermont issue RFB 16-045 titled Termite Inspection&Treatment
Services;
WHEREAS,CONTRACTOR.submitted its response dated July 21, 2016 to RFB 16-045;
WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the
terms and conditions of RFB 16-045 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall termite inspection and treatment services as described in
CITY's RFB 16-045 and CONTRACTOR's July 21, 2016 response thereto, which are
expressly incorporated,herein and made a part of the Agreement Documents hereto and
shall do everything required by this Agreement and the Agreement Documents. Provided,
however, that nothing herein shall require CITY to purchase or acquire any items or
services from CONTRACTOR.
ARTICLE II -THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement Documents and the Price Schedule an amount in accordance with the
compensation schedule set forth in Exhibit'A', attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect for a period of one (1) year thereafter, unless terminated or
renewed as provided for herein.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
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threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions'of this Agreement, for work,properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties, this Agreement may be renewed for five
(5) additional one(1) year terms. Sixty (60) days prior to completion of each
extended term of this-Agreement, CONTRACTOR may request and the City
may consider an adjustment to price based on changes in the Producer Price
Index (PPI).
ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK
CITY shall authorize services to be provided hereunder by issuing a purchase order to
CONTRACTOR. Prior to the issuance of a purchase order, CITY shall notify
CONTRACTOR and CONTRACTOR shall,at its expense,within twenty-four 24 business
hours of such notification pick-up the subject tires.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of the vehicle to CITY as set forth in the applicable purchase order. CITY shall
make payment to The CONTRACTOR for all accepted and undisputed services provided,
within thirty(30) calendar days of receipt of the invoice.
ARTICLE VI—DISPUTE.RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be Subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal Or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in.Clermont,Lake County,Florida,,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance-The CONTRACTOR shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
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CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $500,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY 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(other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission 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, 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
to obligation of indemnity which would otherwise exist as to any party
or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
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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.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII -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 courier
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: Florida Pest Control &Chemical Co.
2334 Montclair Road
Leesburg, FL 34748
Attn: Drayton Shealy, District Supervisor
CITY: City of Clermont
Attn: Darren Gray, City Manager
Mana er
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—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
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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. Thearties agree that the sole and exclusive venue for anycause of action
P gr
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 servicesP rovided 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, including
attorney fees and litigation costs, for any such disclosure related to Florida's Public
Records Law.
ARTICLE X - AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order
3. All documents contained in City of Clermont RFB 16-045 and any amendments
thereto.
4. CONTRACTOR's July 21, 2016 response to RFB 16-045.
5
1N IS
WH REOF, the parties hereto have executed this Agreement on
this I J day of it..! 2016.
City of Cle •nt
-,4
Dan-7117;" i�'". !er
Attes :
_ i//lIU
Tracy Ackroyd owe, City Clerk
Florida Pest Control & Chemical Co.
By: 0'11444-to IQ 1 11
(Name Printed or Typed)
31-0
Attest:
Corporate Secretary
(Name Printed or Typed)
6
EXHIBIT A
SECTION—C
PRICE SCHEDULE
Respondent must complete Group 1 and Group 2 in its entirety for the bid to be
responsive.
GROUP 1 —Initial Treatment and Renewal
in Description Cost for Inspection Cost for Annual
and Initial Treatment Renewal Period
1 City Hall Building—685 West Montrose Street I )5 9 55
2 Clermont City Center—620 West Montrose Street I t 1'48 Dc I
3 Public Services Office Building—400 12th Street (.Y q I 1 Q
4 Public Services Sign Shop—400 12e Street D : Q E�^V
5 Public Services—1201 Osceola Street 10 B5
6 Waterfront Park Restrooms—103 3nd Street 50r
7 West Beach Restrooms—21512'Street 3 Q Lj
8 Boat Ramp Restrooms—938 West Minneola Drive I (j L
9 Trail Head Restrooms—797 West Minneola Ave. 'l ) �a
10 Lake Hiawatha Restrooms—450 N.Twelve Street Lg5'4
11 Lake Hiawatha Restrooms—450 N.Twelve Street -1-105 51
12 Rowing Boathouse Restrooms—1050 W.Lake
Minneola Drive $4 t
13 Highlander Building—330 3^'Street 1 1 104
14 Waterfront Pavilion Building—330 3m Street 4-4
15 McKinney Park Pavilion Restrooms—801 Bloxam Ave. kV i
16 Bishop Field Restrooms—950 East Ave. 45Q 4
17 West Park Restrooms—65012t Street 51
18 Palatlakaha Park Concession Stand Restrooms and ^
Playground—125012th Street `
19 Hancock Park Restrooms and Pavilion Restrooms— , 9�
3301 South Hancock Road (� J
20 Lake Fetter Park Restrooms—1750 Johns Lake Road
21 Kehlor Park Building—466 West Minneola Avenue 17s5 r
RFB No: 16-045
Page 17 of 36
SECTION -C
PRICE SCHEDULE
GROUP 1 -Initial Treatment and Renewal
Ln IDescription Coat for Inspection Cost for Annual
and Initial Treatment Renewal Period
22
Clermont Arts&Recreation Center-3700 South Hwy.
27 - ' IC) 'DD
23 Police Department-865 West Montrose Street ( 'a5D a30
mNew Police Department Headquarters-3600 Hwy.27 I Lel SD to
25
50 1
Fire Department Administration Building-.439 W Hwy. t j.�
t
r.
26 Fire Station#1 -439 West Hwy. 50 _&-.
27 Fire Station#2-2200 Hartwood Marsh Road Ocie ' (.9
28 Fire Station#3-2180 Legends Way Q' s'D ' I
28 U
30 Historical Site Building"A'Depot and Pavilion-490 1
West Avenue q LI 54
31 Historical Site Building°B'Townsend Home-490 West
Avenue �a, Cs
'
32 Historical Site Building"C'Kern Home-490 West 1
8
Avenue y 5
33 Historical Site Building'D'Cooper Memorial Library- 'ID C.
490 West Avenue /9 D
34 Historic School House-490 West Avenue I y to `5Q
35 Historic Quonset Hut-490 West Avenue IS
5
36 Women's Club-655 West Broome Street 14 ( I i15
37 East Wastewater Treatment Plant Building"A'-3335 or� J
South Hancock Road O l I Li 5
38 East Wastewater Treatment Plant Building°B"-3335
I 8
^
South Hancock Road $
39 Sunburst Water Treatment Plant-3335 South Hancock Road q 4 ' I 15
40
Greater Hills Water Treatment Plant—15512 Charter Oaks i `1 OLPTrail=---' '-' . ' ' ' n
r . "lel kk 910
RFB No: 16-045
Page 18 of 36
SECTION—C
REVISED PRICE SCHEDULE
GROUP 2—Additional Treatment
I.n Description Estimated Unit Price i ded Price]
Qty./Unit i
1 Subterranean Termite Treatment 100/Ln.Ft. e 10015
2 Drywood Termite Treatment—Fumigation/Tenting with 1 000/Cu.Ft. rU
Vikane Gas(price per 1,000 cu.ft.)(S!ai,Tro,atrnent) •
3 Drywood Termite Spot Treatment with BoraCare 100/Sq.Ft 3 0
4 Drywood Termite Spot Treatment with Timbor 100/Sq.Ft p :Ds
Powderpost Beetle Treatment—Moisture Control
5 Combined with BoraCare 100/Sq.Ft. SD 0
6 Powderpost Beetle Spot Treatment with BoraCare 100/Sq.Ft.
7 Powderpost Beetle Spot Treatment with Timbor 100/Sq.Ft. • 33 c9 J
Powderpost Beetle Treatment—Fumigation/Tenting with ��
8 Mane Gas at 4X Rate(price per 1,000 cu.ft.)(i-:?c b 1,000/Cu.Ft. • DC/1
Treatment)
g Old House Borer Treatment—Moisture Control 100/Sq.Ft. e 3a
Combined with BoraCare
10 Oldhouse Borer Spot Treatment with Timbor 100/Sq.Ft. g a3 a�
Olhouse Borer Treatment—Fumigation/Tenting with
11 Vikane Gas at 4X Rate(price per 1,000 cu.ft.)(Slab 1,000/Cu.Ft. a DO ()
Treatment)
12 Diywcod Termite Treatment—Ftiri1igek!o!1I renting with 1,000/Cu.Ft. o 05
Vikane Gas(price per 1,000 cu.ft.)(Crawl't rcatmr>nt)
Powderpost Be tic Trezim ret Fumiq tiordi entinf4 with &"1 44D 13 Vikanci Gas et 4X R:_�te(ptiee per 1,(:00 Lit.)(Cravil 1,000/Cu.Ft. a
Treatment)
Olhouse i*rorTrait,nest—Fumi2ation,Tenting with )51)
14 Vikane as 3t 4X Pate(price per 1,G00 cu.ft.)(Crawl 1,000/Cu.Ft. • O/
1`rsatr rrt.ntj
Group 2 Total Price Cy.Q
RFB No:16-045
Page 19 of 36
SECTION-C
PRICE SCHEDULE
e.� mer a u rn 3 ReArtSe.
GROUP 2—Additional Treatment
I.n Description Estimated
Qty./Unit Unit Price Extended Price
1 - •terranean Termite Treatment 100/Ln.Ft.
2 D ••• ermite Treatment—Fumigation/Tenting with 1,000/Cu.F
Vikane Gas ,• = per 1,000 cu.ft.)
3 Drywood Termite • Treatment with BoraCare 1 it Sq.Ft.
4 Drywood Termite Spot T :: ..i =nt with Timbor 100/Sq.Ft.
5 Powderpost Beetle Treatment— •'=ture Control
Combined with BoraCare 100/Sq.Ft.
6 Powderpost Beetle Spot Treatment with - • :Care 100/Sq.Ft.
7 Powderpost Beetle Spot Treatme 'h Timbor 100/Sq.Ft
e Powderpost Beetle Treatm-' —Fumigation/Tenting w 1,000/Cu.Ft.
Vikane Gas at 10X Rate • ice per 1,000 cu.ft.)
Old House Borer T F: :nt—Moisture Control
9 Combined with =•.raCare 100 ..Ft.
10 Oldhouse B -r Spot Treatment with Timbor 100/Sq.Ft.
1 Olhous= =•rer Treatment—Fumigation/Tenting with 1,000/Cu.Ft.
Vika Gas at 10X Rate(price per 1,000 cu.ft.)
Group 2 Total Price
SPECIAL REQUESTS AND EMERGENCY SERVICES: $ 35 EACH CALL
WARRANTY FOR TERMITE TREATMENT e-- Pf��-1O.--
RFB No: 18-045
Page 19 of 38
SECTION—C
PRICE SCHEDULE
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this
solicitation,and is acting in an authorized capacity to execute this response. The respondent also certifies
that it can and will provide and make available,at a minimum,the items set forth in this solicitation.
Respondent Information and Signature
Company Name(print): Florida Pest Control 6 Chemical Co.
Street Address: 2334 Montclair Rd. Leesburg, FL 34748
Mailing Address(if different):
Telephone: 35?-360-2322 Fax 3,52-360-1261
Email: d.shealy@flapest.com Payment Terms: % days,net
FEIN: 59 - 6(160716 Professional.License No.: JB118502
Signature: c..0.4143.......,..--Date: 7/19/2016
Print Name: Drayton Shealy Title: District Supervisor
Does the respondent accept payment using the City's MASTERCARD? ®Yes ❑ No
END OF SECTION—C
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• Drayton Sh.- t
District Supervisor . 1
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RFB No:16-045
Page 20 of 36