Loading...
Contract 2022-049ADocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 AGREEMENT NO. 2022-049 FOR TERMITE INSPECTION & TREATMENT SERVICES THIS AGREEMENT, is made and entered into this 24 day of June 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 22-022 titled Pest Control Services; WHEREAS, CONTRACTOR submitted its response dated June 9, 2022 to RFB 22-022; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 22-022 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 termite inspection & treatment services for various locations as described in CITY's RFB 22-02 and CONTRACTOR's June 9, 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 August 15, 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. 3.2. The CONTRATOR shall perform all services in a diligent and professional manner DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 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 one (1) year 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 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). 2 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 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: 3 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 (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. 2 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 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. 5 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 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. 71 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 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 22-022 and any amendments thereto. 10.4. CONTRACTOR'S June 9, 2022 response to RFB 22-022. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 24 day of June , 2022 CITY OF CLERMONT EDocu Signed by: vi� N s 534781168A394C8... Brian Bulthuis, Ci ATTEST: Docu Signed by: Ta cy A44-y-4 3AD7F34905B344A... DS Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 POWER EXTERMINATORS, INC. DocuSigned by: By: (Signature) Print Name:Hector Mora Title: Division Man Date: 6/24/2022 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 Exhibit A SECTION — C PRICE SCHEDULE DOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from the actual quantities ordered by the City. Payment shall be for the units ordered, placed, and accepted by the City. 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. Respondent must Complete Group 1 and Group 2 in its entirety for the bid to be responsive. • . Renewal Inspectionn Description Cost for. Treatmentand� Initial • 9 1 City Hall Building — 685 West Montrose Street $ 950.00 $ 150.00 2 Clermont City Center— 620 West Montrose Street $ 950.00 $ 150.00 3 Public Services Office Building — 400 12th Street $ 650.00 $ 150.00 4 Public Services Sign Shop — 400 10h Street $ 250.00 $ 50.00 5 Public Services Break Room — 1201 Osceola $ 450.00 $ 100.00 Street 6 Waterfront Band Shell Pavilion and Restrooms — $ 450.00 $ 100.00 330 Third Street 7 Boat Ramp Restroom — 140 East Avenue $ 75.00 $ 50.00 8 McKinney Park Pavilion — 801 Bloxam Avenue $ 350.00 $ 50.00 9 Waterfront Park Restrooms —100 3rd Street $ 75.00 $ 50.00 10 West Beach Restrooms — 215 121" Street $ 75.00 $ 50.00 11 Trail Head Restroom — 797 West Minneola $ 250.00 $ 5Q.00 Avenue 12 Historical Site Building "A" Depot and Pavilion — $ 250 00 $ 50.00 490 West Avenue 13 Historical Site Building "B° Townsend Home-490 $ 25a.oa $ 5a.00 West Avenue 14 Historical Site Building "C" Kern Home — 490 West $ 250 00 $ 50.00 Avenue RPB No: 22-022 Page 18 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION - C PRICE SCHEDULE i $ 250.00 $ 50.00 15 Historical Site Building "D" Cooper Memorial Library - 490 West Avenue 16 Historical Site Building "E" School House Library- $ 250.00 $ 50.00 490 West Avenue 17 Kehlor Park Building - 466 West Minneola Avenue $ 350.00 $ 150.00 18 Women's Club - 655 West Broome Street $ 350.00 $ 50.00 19 Lake Hiawatha 1A - 450 Lake Minneola Snores $ 275.00 $ 50.00 Dr. 20 Lake Hiawatha 1 B - 451 Lake Minneola Shores $ 275.00 $ 50.00 Dr. 21 Lake Hiawatha Dog Park (flea treatment) - 450 N. $ 275.00 $ 50.00 12t" Street 1 CR 561 22 Rowing Boathouse - 1050 Lake Minneola Dr. $ 750.00 $ 150.00 23 7T" Street Restrooms - 732 7{" Street $ 250.00 $ 50.00 24 Victory Pointe Restrooms - 938 Victory Way $ 250.00 $ 50.00 25 West Park Pavilion and Restrooms - 250 121" $ 250.00 $ 50.D0 Street 26 Palatlakaha Park Concession Stand and 3SO.00 $ loa.o0 Restrooms --1250 121" Street 27 Palatlakaha Park Playground and Restrooms - $ 350.00 $ 100.00 1250 12t" Street 28 Bishop Field - 950 East Avenue $ 350.00 $ 100.00 29 Hancock Park Ball Fields Restrooms - 3301 $ 250.00 $ 50.00 South Hancock Road 30 Hancock Park Pavilion Restrooms - 3301 South $ 250.00 $ 50.00 Hancock Road 31 Hancock Park Concession Stand - 3301 South $ 250.00 $ 50.00 Hancock Road 32 Lake Fester Park - 1750 Johns Lake Road $ 250.00 $ 50.00 RFB No: 22-022 Page 19 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION - C PRICE SCHEDULE R I — Initial Treatment and Renewal Cost for Inspection Cost:for Annual. i f Initial Treatment Renewal e ■ 33 Fire Department Administration Building — 439 W $ 1,250.00 $ 350.00 Hwy. 50 34 Fire Station #1 — 439 West Hwy. 50 $ 0.00 $ 0.00 35 Fire Station #2 — 2200 Hartwood Marsh Road $ 850.00 $ 350.00 36 Fire Station #3 — 2180 Legends Way $ 950.00 $ 350.00 37 Fire Station #4 — 13341 Hartle Road $ 950.00 $ 350.00 38 Fire Dept. Storage — 1205 W. Seminole Street $ 950.00 $ 350.00 39 Parks and Recreation Department — 3700 S. Hwy. $ 3,500.00 $ 650.00 27 40 Police Station — 3600 South Hwy. 27 $ 1,500.00 $ 35.00 41 East Wastewater Treatment Plant Building "A" — $ 750.00 $ 250.00 3335 South Hancock Road 42 East Wastewater Treatment Plant Building "B" — $ 1,200.00 $ 250-00 3335 South Hancock Road • f $ 22,750.00 $ 5,285.00 RFB No: 22-022 Page 20 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION — C PRICE SCHEDULE �� �� k . �, �-f-Y � . ,��"• .µ �F t ?!.,. ,,fix i 'F-s& `5F` `cY ,,Ci4 .ki r i� 14'� ^, �q #� 1 Subterranean Termite Treatment 100 I Ln.Ft. $ 2.50 250 2 Drywood Termite Treatment— Fumigation/Tenting with 1,000 / Cu.Ft. $ 0.75 750 Vikane Gas (price per 1,000 cu.tt.) (Slab Treatment) 3 Drywood Termite Spot Treatment with BoraCare 100 / Sq.Ft. $ 0.50 50 4 Drywood Termite Spot Treatment with Timbor 1001 Sq.Ft. $ 0.75 75 Powderpost Beetle Treatment — Moisture Control 25 5 Combined with BoraCare 100 / Sq.Ft. $ 0 25 6 Powderpost Beetle Spot Treatment with BoraCare 100 / Sq.Ft. $ 0.25 25 7 Powderpost Beetle Spot Treatment with Timbor 100 / Sq.Ft. $ 0.75 75 Powderpost Beetle Treatment -- Fumigation/Tenting with 250 8 Vikane Gas at 4X Rate (price per 1,000 cu.ft.) (Slab 1,000 / Cu.Ft. $ 0.25 Treatment) 9 Old House Borer Treatment — Moisture Control 100 / Sq.Ft. $ 0.25 25 Combined with BoraCare 10 Oldhouse Borer Spot Treatment with Timbor 100 / Sq.Ft. $ 0.75 75 Olhouse Borer Treatment -- Fumigation/Tenting with 250 11 Vikane Gas at 4X Rate (price per 1,000 cu.ft.) (Slab 1,000 / Cu.Ft. $ 0.25 Treatment) Drywood Termite Treatment— Fumigation/Tenting with 750 12 Vikane Gas (price per 1,000 tuft.) (Crawl Treatment) 1,000 / Cu.Ft. $ 0,75 Powderpost Beetle Treatment — Fumigation/Tenting with 750 13 Vikane Gas at 4X Rate (price per 1,000 tuft.) (Crawl 1,000 / Cu.Ft. $ 0.75 Treatment) Olhouse Borer Treatment — FumigationlTenting with $ 0.75 750 14 Vikane Gas at 4X Rate (price per 1,000 cu.ft.) (Crawl 1,000 / Cu.Ft. Treatment) a $ 4,100.00 RFB No: 22-022 Page 21 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION — C PRICE SCHEDULE SPECIAL REQUESTS AND EMERGENCY SERVICES: $$ 50.00 WARRANTY FOR TERMITE TREATMENT: 1 year EACH CALL 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): power Exterminator Street Address: 2721 Forsyth Rd #365 Winter Park, Fl. 32792 Mailing Address (if different):8815 sw 129th st Miami, Fl. 33176 Telephone: 407-282-8181 Fax: Email: powerxorlando@lovepowerx.com Payment Terms: 30 % days, net FEIN: 65 _ 0388075 Signature: Print Name: Hector Mora P f I I N JB 167191 ro essiona . icense U. Date: 06/06/22 Title: Division Manager Does the respondent accept payment using the City's MASTERCARD? Rlyes ❑No END OF SECTION — C RFB No: 22-022 Page 22 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION — B STATEMENT OF WORK Termite Inspection and Treatment Technical Requirements 1 —SCHEDULE Once a year, the successful contractor shall inspect each facility covered in this RFB response. Inspection shall include the following to be identified: • Subterranean Termites • Drywood Termites • Powderpost Beetles • Old House Borers • Wood Boring Termites A detailed report is to be prepared outlining the findings of the inspections. The report shall include any recommendations for treatment and repairs to the damaged areas if wood destroying organisms are found. The report shall also include a service agreement to include renewable protection, re -inspection, retreatment, repair of future damage, and the limitation of liability. If inspection identifies the presence of termites, contractor is to retreat infested areas and retest at no additional charge to the City. 2 — TERMITE TREATMENT Treatment shall comply with all professional standards and applicable laws. Upon completion of termite treatment service, the contractor shall issue a "termite warranty" for that site. The warranty will permit, for one year of date of issuance, retreatment (as necessary) at no additional cost to the City of Clermont. Upon request, for sites not included in this RFB, the contractor shall provide termite treatment for selected sites. This derive shall be charged to the City of Clermont. Treatment should be soil treatment with Termidor 80 WG or equivalent. 3 — APPLICATION OF PRODUCT 1. Verify surfaces are sufficiently dry and ready to receive treatment. 2. Apply toxicant in accordance with manufacturer's published instructions. 3. Apply toxicant using a metered applicant. RFB No: 22-022 Page 11 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION — B STATEMENT OF WORK 4. Treat the soil adjacent to the outside foundation walls at the rate of four (4) gallons per ten (10) linear feet. 5. Drill and treat as needed the interior foundation wall and interior load bearing walls at the rate of four (4) gallons per ten (10) linear feet. 6. Drill and treat as needed exterior slab that abuts the structure at the rate of four (4) gallons per ten (10) linear feet. 7. Treat as needed all expansion joints and vertical columns inside the building perimeter at the rate of four (4) gallons per ten (10) linear feet. 8. Drill and apply as needed extra treatment to structure penetrations, pipe, ducts, and other soil penetrations. The contractor shall be responsible for providing the placement of barricades, tarps, plastic, flag tape and any other safety/traffic control required to protect the public. 4 — TERMITE SERVICES Services shall be provided yearly during regular business hours of each building. The hours are 8:00 A.M. to 5:00 P.M., Monday through Friday. The contractor may be required to perform services before and after regular business hours on occasions. There will be no additional charge for these services. The City of Clermont reserves the rights to have the contractor make periodic inspection of facilities when infestation is suspected. 5 — CONTRACTOR'S PERSONNEL Contractor's employees are to present a professional appearance. Shall be neat, clean, well groomed, courteous, properly uniformed and conduct themselves in a respectable manner while performing duties and while on City property. Employees shall wear an appropriate uniform as well as a name tag specifying the name of the employee and the Contractor's company name. This provision will be strictly enforced. The contractor shall provide the City with a listing of all personnel assigned to the contract. The City may request the Contractor to remove any employee if it is determined that services are not being performed in accordance with the terms and conditions of the contract. RFB No: 22-022 Page 12 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION — B STATEMENT OF WORK 6 — UNAUTHORIZED PERSONNEL The Contractor's employees are not to be accompanied in their work areas on the premises by acquaintances, family members, or any other persons unless said person is an authorized Contractor employee. The City of Clermont prohibits teenagers, minors, or children to work in City owned buildings under this Agreement. 7 — MATERIALS/EQUIPMENT The Contractor shall provide all materials, chemicals, supplies, and equipment as required to properly maintain the facilities and areas in an acceptable condition. Use of the organophosphate pesticides including but not limited to Malathion, Dursban and Diazinon is prohibited. Preference will be given to those respondents utilizing biological and/or organic environmentally friendly solutions. The Contractor shall be responsible for all costs incurred in providing the required services. The quality of the supplies provided is subject to City approval. 8 — BUILDING SECURITY Public Services may have designated staff available to provide entry to and exit from or they may be on an alarm system. Contractor's employees must be properly identified and are not to enter or leave buildings at will once they have reported for duty. Entry and exit will be limited to the initial report for service and service completion time. At no time can the contractor's personnel be left without supervision at any Fire Department location. Scheduling and entry to the fire stations, when no one is available at the station, may be coordinated by contacting the designated City personnel. 9 — SAFETY The Contractor shall be responsible for instructing employees in safety measures considered appropriate. The Contractor shall ensure that all employees have been trained and have access to Occupational Safety and Health Administration (OSHA) Exposure to Bloodborne Pathogens Rule 29 CFR1910.1030. The Contractor shall ensure that personal protection equipment is provided and decontamination/disposal guidelines are in compliance. RFB No: 22-022 Page 13 of 37 DocuSign Envelope ID: D2C4C9CC-2E2E-4531-A600-54AA4CA05589 SECTION — B STATEMENT OF WORK In compliance with Chapter 442, Florida Statutes, any toxic substance used resulting from this RFB must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must include the following information: ❖ The chemical name and the common name of the toxic substance. ❖ The hazards or other risks in the use of the substance including: ➢ The potential for fire, explosion, corrosiveness and reactivity; ➢ The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and ➢ The Primary routes of entry and symptoms of overexposure. ❖ The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of exposure. ❖ The emergency procedure for first aid. ❖ A description in lay terms of the known potential health risks posed by the toxic substance intended to alert any person reading this information. The Contractor also warrants that the commodities supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended and the failure to comply with this condition will be considered a breach of contract. All materials and insecticides shall conform to applicable Federal, State, County and local ordinances, laws, statutes and regulations. By signing this RFB, the respondent certifies that all material, equipment; etc. contained in their response meets all OSHA requirements. The respondent further certifies that, if their company is the successful bidder, and the material, equipment, etc. is subsequently found to be deficient in any OSHA requirement, all cost necessary to bring the material, equipment, etc. in compliance with the aforementioned requirements shall be borne by the respondent. 10 — RESPONSIBILITY The Contractor shall notify the appropriate department personnel, in the event of scheduling delays, changes, or comments/complaints received from personnel at the locations being serviced. The Contractor shall perform services during the hours as designated at each site and in consultation with management of each location. Rodenticide and insecticides used shall be used with due precaution to avoid the possibility of accidental harm to humans, domestic animals and pets. The Contractor RFB No: 22-022 Page 14 of 37