Contract 2022-016ADocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
AGREEMENT NO.2022-016 FOR
PEST CONTROL SERVICES
THIS AGREEMENT, is made and entered into this 25th day of April 2022, by and between
the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the
State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter
referred to as "CITY"), and POWER EXTERMINATORS, INC., whose address is: 2721
Forsyth Rd. Suite 365, Winter Park, FL 32792.
WHEREAS, the City of Clermont issue RFB 22-012 titled Pest Control Services;
WHEREAS, CONTRACTOR submitted its response dated February 17, 2022 to RFB 22-
012;
WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the
terms and conditions of RFB 22-012 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1— SCOPE OF WORK
The CONTRACTOR shall provide interior/exterior extermination/pest control services as
described in CITY's RFB 22-012 and CONTRACTOR's February 17 ,2022 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 2 — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement Documents and the Unit Price Schedule an amount in accordance with
the compensation schedule set forth in Exhibit "A", attached hereto and incorporated
herein.
ARTICLE 3 — COMMENCEMENT AND COMPLETION OF WORK
3.1. The CONTRACTOR shall commence work on April 25, 2022 after receipt of a
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.
DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
3.2. The CONTRATOR shall perform all services in a diligent and professional manner
and in accordance with all applicable laws.
3.3. The CONTRACTOR further declares it has examined the sites of the work and that
from personal knowledge and experience or that it has made sufficient
investigations to fully satisfy it that such sites are correct and suitable for the work
and it assumed 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.
3.4. 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 4 — TERM AND TERMINATION
4.1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect for a period of three (3) years thereafter, unless terminated or
renewed as provided for herein.
4.2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to CONTRACTOR, terminate this Agreement: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if
CONTRACTOR is adjudged to be bankrupt; c) if 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 threatens to have a substantial, adverse impact
upon the 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.
4.3. Upon mutual Agreement of the parties, this Agreement may be renewed for three
(3) 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).
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ARTICLE 5 — 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 products to CITY as set forth in the applicable purchase order. CITY shall make
payment to the CONTRACTOR for all accepted deliveries and undisputed products
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION
6.1. 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.
6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
6.3. 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 7 — INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
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.
7.2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business 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 as follows:
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(a) CONTRACTOR's Commercial General Liability, $500,000 Each,
($1,000,000 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.
7.3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its 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 such acts are 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.; however, this indemnification
does not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(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 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.
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DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
ARTICLE 8 — 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: Power Exterminators, Inc.
2721 Forsyth Road, Suite 365
Winter Park, FL 32792
Attn: Hector Mora, Orlando Division Manager
OWNER: City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 9 — MISCELLANEOUS
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. 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.
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DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
9.6. Assigningnt — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, 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.
9.7. 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.
9.8. 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.
9.9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
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DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
ARTICLE 10 — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
10.1. This Agreement
10.2. Purchase Order
10.3. All documents contained in City of Clermont RFB 22-012 and any amendments
thereto.
10.4. CONTRACTOR'S February 17, 2022 response to RFB 22-012.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 22 day of February , 2022
CITY OF CLERMONT
[DocuSigned by:
4 a"AlE,, - DS
431 F57D413554D6...
Freddy Suarez,
ATTEST:
DocuSigned by:
T��y
3AD7F34905B344A...
Tracy Ackroyd Howe, City
7
DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
POWER EXTERMINATORS, INC.
RA
DocuSigned by:
636AD1AASD7E464...
(Signature)
Print Name: Hector Mora
Title: Division Manager
Date: 2/23/2022
DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB Exhibit A
SECTION — C
PRICE SCHEDULE
NOTE: For aerial maps of most City buildings visit the Lake County website at www.lakecountyfl.gov and
select "Lake County Maps" on the left menu. On the next screen, select "GIS Interactive Mao" and search
by "Street Address". The website provides online measurement of the exterior of the buildings listed.
By signing this form, the respondent fully acknowledges that there will be no additional compensation (no
overhead, no anticipated profits, etc_) other than the unit price of the items times the number of items
authorized, ordered, placed, and accepted by the City.
DO
!Mcri t
Pest Control Price Per
Annual Visits
Annual Price.
Hall Building — 685 West Montrose Street
1
N7City
OTE: City Half pest control will be performed on the exterior
of building around doorways, around lower windows and
building ground level. If pest control (spot treatment) is needed
12 15
180
inside the building a special request will be made.
2
Clermont City Center — 620 West Montrose
Street
12 5
60
3
Public Services Office Building — 400 121h Street
12 5
60
4
Public Services Sign Shop —400 121� Street
12 5
60
5
Public Services Break Room --1201 Osceola
Street
12 5
60
6
Waterfront Band Shell Pavilion and Restrooms —
330 Third Street
12 5
60
7
Boat Ramp Restroom — 140 East Avenue
12 5
60
8
McKinney Park Pavilion — 801 Bloxam Avenue
12 5
60
9
Waterfront Park Restrooms —100 3r6 Street
12 5
60
10
West Beach Restrooms — 215 121h Street
12 5
60
11
Trail Head Restroom — 797 West Minneola
Avenue
12 5
60
12
Historical Site Building "A" Depot and Pavilion --
490 West Avenue
12 5
60
13
Historical Site Building "B" Townsend Home —
490 West Avenue
12 5
60
14
Historical Site Building "C" Kern Home — 490
West Avenue
12 5
60
RFB No: 22-012
Page 18 of 36
DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
SECTION - C
PRICE SCHEDULE
tescri , .
Pest.
Control
Annual Visit
Month
A
15
Historical Site Building "Dn Cooper Memorial
(Month Price x 12)
Library — 490 West Avenue
12
10
120
16
Historical Site Building "E" School House Library
— 490 West Avenue
12
5
60
17
Kehlor Park Building -- 466 West Minneola
Avenue
12
10
120
18
Women's Club — 655 West Broome Street
12
10
120
19
Lake Hiawatha 1A -- 450 Lake Minneola Shores
Dr,
12
5
60
20
Lake Hiawatha 1 B — 451 Lake Minneola Shores
F4
Dr.
12
5
60
21
Lake Hiawatha Dog Park (flea treatment) — 450
N. 121h Street / CR 561
50
200
22
Rowing Boathouse — 1050 Lake Minneola Dr_
12
10
120
23
7T" Street Restrooms — 732 711 Street
12
5
60
24
Victory Pointe Restrooms — 938 Victory Way
12
5
60
25
West Park Pavilion and Restrooms — 250 12th
Street
12
5
60
26
Palatiakaha Park Concession Stand and
Restrooms — 1250 12th Street
12
10
120
27
Palatlakaha Park Playground and Restrooms —
1250 1216 Street
12
10
120
28
Bishop Field — 950 East Avenue
12
10
120
29
Hancock Park Ball Fields Restrooms — 3301
South Hancock Road
12
5
60
30
Hancock Park Pavilion Restrooms — 3301 South
Hancock Road
12
5
60
31
Hancock Park Concession Stand — 3301 South
Hancock Road
12
10
120
ZFB No: 22-01
Page 19 of 36
DocuSign Envelope ID: 1B8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
SECTION — C
PRICE SCHEDULE
Ln
Pest Control
Descript ion
Annual Visit$
•
u
32
Lake Feller Park —1750 Johns Lake Road 12
5
60
33
Fire Department Administration Building — 439 W
12
10
120
Hwy. 50
34
Fire Station #1 — 439 West Hwy. 50
12
5
60
35
Fire Station #2 — 2200 Hartwood Marsh Road
12
5
60
36
Fire Station #3 — 2180 Legends Way
12
5
60
37
Fire Station #4 — 13341 Hartle Road
12
5
60
38
Fire Dept. Storage —1205 W. Seminole Street
12
5
60
39
Parks and Recreation Department — 3700 S.
12
60
Hwy. 27
5
40
Police Station — 3600 South Hwy. 27
12
10
120
41
East Wastewater Treatment Plant Building "A" —
12
10
3335 South Hancock Road
120
42 East Wastewater Treatment Plant Building "B" —
12 10
120
3335 South Hancock Road
Total Annual Pricer",
$35000
SPECIAL REQUESTS AND EMERGENCY SERVICES; $ %00 EACH CALL
RFB No: 22-012
Page 20 of 36
DocuSign Envelope ID: lB8AC278-9FF0-4BF0-A8F3-13B42DFE74BB
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.
Company Name (print): Powerx Inc.
Street Address: 2721 Forsyth Rd #365 Winter Park, Fl. 32792
Mailing Address (if different): 8815 sw 129th St Miami, Ft. 33176
Telephone: 407-282-8181 Fax:
Email: powerxorlando@iovepowerx,com Payment Terms: % days, net 30
FEfN: 65 - 168.8075 Professional. License No.: JB-167191
Signature: Date: 02/09/22
Print Name: Hector Mora Title: Orlando Division Manz
Does the respondent accept payment using the City's MASTERCARD? Yes ❑ No
END OF SECTION — C
tFB No: 22-012
Page 21 of 36