Loading...
HomeMy WebLinkAboutAgreement_General_4/11/2024_Orkin Termite Pest Control Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 4 , www.tequesta.org Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Orkin Termite Pest Control Agreement Date: March 18, 2024 The Following consent agenda item is vendor required agreement for pest control at Village Hall. This agreement is specific to treating Village Hall for Termites. The cost for this service is $3,900.00. Funding is budgeted and available in account 001-210-546.303, Building repair and maintenance. Doug Chambers Director Department of Public Works This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 t CUSTOMER WAIVER SHEET Customer Name Village Of Tequesta Village Hall Property Address 345 Tequesta Dr City Tequesta state Florida Zip Code 33469 Check only the condition(s)/situation(s)which apply: 0 Structures with common foundation walls: Since my structure has one or more common foundation walls,that is,foundation walls which are common to and support not only this structure but one or more adjoining structures,Orkin has advised and I understand and acknowledge that due to the dual ownership of the common wall(s),Orkin cannot treat both sides of the common wall(s),and this will limit the effectiveness of Orkin's termite treatment. p Structures with raised wood floors and/or wood floors on slab: I understand and acknowledge that as a part of my initial termite treatment,requested by me and possible subsequent termite re-treatments,as part of Orkin's termite service,Orlin may need to access the concrete sub floor/slab under the present wood floor.I understand that it is my responsibility to make this area accessible for inspection,treatment,re-inspection,and possible re-treatment. 0 Floor coverings: I authorize Orkin to remove or cut tile,carpet,or wood on my slab as necessary for treatment.I release Orkin from any liability for damage to Ile or carpet as a result of cutting or removing floor covering. El Structures where a bath trap access is not installed: I understand that Orkin recommends a bath trap access to be installed as part of my termite treatment and due to construction practices a bath trap access will not be installed. I understand that Orkin will complete an alternate treatment method in this area,and if an infestation occurs in this area,it is my responsibility to prc ride permanent access to the bath trap for direct treatment of the area. p Ventilation: Customer has been notified heating and air system must be turned off during treatment application,if applicable. Access for neatment Release(Including Spray Foam Insulation): I understand and acknowledge that part of the treatment Orkin is to provide at my structure may require the exposing of areas in and around the structure,to include,but not limited to,removing sections of sheetrock,siding,ceilings,wall covering,and insulation(to include spray foam insulation).1,hereby, release Orkin from any liability for damage to areas requiring exposure, and I understand it is my responsibility to correct or repair these areas after treatment has been completed. Orkin has advised and I understand that if access to these areas is not provided it will limit the effectiveness of Orl&s termite treatment. Dated this I5th day of February ,20 24 Orldn Customer Admowledgement By Village Of Tequesta Village Hall Inspector Customer Name(rain Branch Manager Signature TT2 nature PART 1—BRANCH COPY —CUSTOMER COPY atW2 P".=19WWM Customer Email: dchambers@tequesta.org THIS AGREEMENT PROVIDES FOR RETREAIMENT OF A STRUCTURE BUT DOES NOT PROVIDE FOR THE REPAIR OF DAMAGES CAUSED BY WOOD DESTROYING ORGANISMS. 1 ' COMMERCIAL DRYWOOD TERMITE RETREAT AGREEMENT (Does Not Cover kladve Subterranean or Formosan Termites) ComprehensivelConvendonaf Treatment(DC) 1. ORKIN LIMITED RENEWABLE DRYWOOD TERMITE RETREAT SERViCE(-Service-) Y A. OfMn stml twat OaratomW&$UuoWre tot DWnW WMhes using the UntmW VspeecNied to thaTreatment Opreventfon Opresumptiveovidence Ocontrolof Termites This treatment does not include fumigation.Orkin does not 6 that termites will never retum to treated structuro ffreated Premises").Ntemnues do return as Indicated by evidence of a Mm Drywood termite Infers Orkin will street that area.This Service does not provide for the repair of any damago to the structure,or its contents caused by 0ryvrood taro les.. B. This servico shall expire one(1)y fiom the�e of hnflial treatmottk however H may be randwed amustiy payment of the renewal fee as set forth in Paragraph 3.Following the first year of sorvlce:anther patty mayr tamtltate the Service att(Seotaaof a service year by gN6lyta written notice at or before the end are service year. C. Customer Is reaidred to make the Treated Premises accessible to Orkin for any Inspections aMl treatments a Oncpt doeme This may include mnwvi V Boar wan oovai* and fixtures.far which tie rosponwibW and costs test exdushrety with the Customer.n the Customers tanply*0 those obltgatara n may,at Its option,lermhnate Ore Agreement D. The Customer agrees to be solely responsibte for maMalnlng the Trea6ed Promises free from any condiHam,conducive to termite Idestation('Conditions Con hm:lvt."seer paragraph 9 farorplanWnn).tf arry Coraat8xn Conkndve exist butts not visible at tine tine of the execution of Otis Agresmeid.then Orkin shad not be t>xpardhte for or mtroating areas of the Praxises whore OarrmYe rased from such Condition rAndu Ire.The Customer agrees to be aotely responsible for kdenageg and�9 CmdWons Condndva.lift respr y rash at" the Ctaturrm.not with Odin.The existents of airy Cons m Condurhe shall ralleve Orkin dresponsWiy far tree or retreading areas ofthe PremWes where tamr3o activity resulsmi from the Conddbn Conducive.In additL the exoteneo der CondEon Conducive that was not�ndn corrected wig pomp Orkin,at Its sole dareBo cn,to larmd ere rtaoo AWeenetdor to requite Customer to purse M additional treabnerd req*W. E. Pdorto any atrudurallmodkicaDan or aReraIbn go reduce Isranatlon of shy team I"mtanon)aFdtsbxblfa the son in.adjaoa d to or under the Treated Premises. Qatorxer mat riob7y Orkbh In wd&so and purchase any addoonal treall requxeo by Site chwWa.T'ha fa6oa al Orkin to notice arty such change does not release Customer fromVftobligation DCtatorrterfairstodoso.Oftw4ratberespoisbledodamagesuactaft tWMentod7ration,allwationordishabance,ant,at Its opdm Orkin may tenninaletheAgraemert F. Odrke Is performing a service and expressly disclaims any g of kind,wdhatherexpressed or Implied,for any injury or damage related to Me service panto ned.Cmww exprossly releases own In" ctgw for cotermBa�or repair. L OTiti3t 8¢FESTATIONSi Customer ante,releases Orkls erryBablByloraff arch to tire structure or Its contents caused by an kttesWm of Wood Destroying Futxti rrorrrxtsan Tarmacs.Nano Srrhte &t TemtBea Wood 6adng BeeOas as stltehWood D�frauds 3. [nAfAL: To rmakdakt the Savlce,CustomershaO tkndyrpay an mmual odreevral The annual will 6a$EGS Thereafter,Oddnshatl have the right to Immase the armual reaawal�by an amount not to e,xeed Ode consiar er bpLex o by an amount not to exceed�whidhavm•ts Sraeter.D orkbi dons bot Isaeaspacrthe AAannuall RRenndewal Payment In anyone ormore years,at any�t Increase*Me may aamslanvetylckde'any amount B would have begirt pa TWW to increase a. RE7NSPECTiON«t edit 5=1 prevbspect the bested strucWm as damned necessary by Otku%orance a year.ifie by Customer.An annual bspedioin will be made by Orlin B required byu�ckbls State lawor neWallorrsi Any rhinslie�b sei>a�ft m and hWepend=wd aC xbmor's obligation to pay the annual renevral S. MEDIATIONJAI�ITRATIOW Arty.controversyorctonatWhilouioforra/itt»gEodda orMoservkoapeAwmedbyOrld»rmdarddsag�reeme»tor any other agreemoK radardess ofwhedrer The controversy or'ciam arse AWbro w 4exeCagoM tmnafsr,ar aoaepfaaca of this aigraemenl,herding butaro SaWdtomyimtandsbWtWcialms mdwWcmmsforpgrsomd4Wbod6y. ardamage(oreafcrpersonai suffbeeedled6ybineft arf�atloo.Urdasa the parties agme otherwise,the arbitration"I lie ada under the rules of the American Arb�a Association('AAA")and even shall be conducted by AAA.If administered under pre AAA rotas,a claim shall be determined under Bhe AAA sup dmentary procerims for consumer relaad dli pads ses io cam where such procedures are Any other arctatm shall be underthe AAA casuam ciaf arbibadon rules:The custlsoarand Orkin agree that OR sw WOW me substanfilve haw,bhcuSrtg do terms and candidoas ofdds a�sem The arbltrattlYspeavarstoGorhdu�s!!a»p arbwatloapmooeoftunderV*agreewentstranbaib»ffedasfa*nmanywWfntkmproeeedbguneferthlsa B»Lgreaararrt wt>Y»otbeco»soRdateddwJefnedYwFtlmam»hyyav a or» diegatprocea�ngu»darmryodreragroame»tarhmaMURnyotherpsartt andWEInotproceedaaa am arxiOn.priirataaftorneyORD Wargo»arsbnAarrepmsattadveactlon 8lharpart}'hastbe�troieauheapane/of Urreo�3)arbirra+tois,bettJ»dm alaarcaofdhepardds'sgr$«nnr»�tyre panfy51"berevonswefordocoaOrthe a fora E horpan y a>�ariy ire prlorigodaeheanksgdmttbeawardbe byareaspnedo�kr�o»Thassmrdiuedaadbytlmarbibstwfa)skalJliollkraft bf»� !ra(Nes, wacaept*Ma.�aoaarr��++maywitd)n30dayyssofthaarigliralawardrequesfenarbtbofa dtoanappealtiibrea&eomatutedinthe same nemberandbythesame process as the t»Jdal ).The appoefing shad be fierNm fW ng fee and atherarblbadon fees sad costs SuNect fo mvand by rice appasJbfbu»aJrmdor' fawThead al adshag�quesgarsaf�arrdtactmmeractaadparrorraousatartrla»LTheeswaridofthe ayopea►0ilurnalsiwdbe Wend dingJua�prre»IrnaybesrrtareQa»dsearvardlaaaycorathayt»gJealsdf�o»tharoofCustdmarardOdrfifacknowtedge and agree that dds arbitration_ n lS made jorsenthl to a bansacdon bnwoidrrg brurs6da commerce and shag be governedhy the federal srddbaffan act Before Ira, racatrse ro aralomarand Orden each agrees to tbyybr 9ood>itK rosetiSfe anydenbotreray air darn by+eflsaslfour('9 hours of mhi�adart u»darft AAA commercial medgadon'ndea Will Orld»agreebrgtopaybbeaostsetdtermedgatio».ThoAAA maybe contectedatthe ta9*ee nvmber•SD0.778.75M or though the lbilowingwebstte:httpJAnrw adrorg & LWTATION OP LNBWW:t tar expnes*wa)m anydabn fo emrrooic iampamaiory.or rotagnp to the existence of termites at termite damage, bsdud'osg wilhaut flatilatim dams far increased caab,Lase of ttse brit kderrhpstlan.rJkid ariton of vakte arany danaged ro to fire purser of ortam>ae Th Oustear that Orkin is peftnnhg a service and exoeptfar mrydamage to Ono swcaae eahaod try Oddtt in the performance dIto services,Cudeaw vrraives'aeydakrt for .��ing propoljt ge eaa wwavveh Rnat rttdar na wa shall Orkin be held Babie torany wrio rn than the anno rd paid by the Cuslartetco Orkin ter Dsa termfta servhe to bedpr�dvkisd Nothktg in thisAgnaw ttsttan be as depriytog the o err of rsn�avallable underappBasbie staft T. Lt1M ASSW..�Ayammer,d is to the maw eamaof iha tandw me fm�kn�mcndliaas:a)the row owner p the akin bracul office wrdoan'iwBoe Dnatthe be b)O*b ou nduGs,at ItsdsaeDa r,an kispa t dCts pmpab its atwWch mAt tie r to Odds:(W Oder co a lids in to the' ego Agnwneft and(d)the new ownei peys.any or rt�r�g fermw teas. 8 t HBDCAt BtFORMATION W iNG Qatonier shaO rtoitven persuxhs cn the Pt DmtOddrn x9 hall apMYto9 pddae In anW wound dr Ptett+ .aM thatvIraraBy a8 pesdddes'hava�amodorotddirsrsaaYirtioprx , -fmashortDmhe after appOeallimIft knowsaFmryprsonante whoballemath" aearl', o or who has a medical�feaionaHocedbype then Caten rshaasorw*catknkiuAlk A� �s Oft waprovideaaoutti e tobausedintme2 tine S. CONOUCIM, Conducive kxlide,but are not Wi ted to redlealm hmpropery h,ferny rg,and water teaks orintr in or around the strucamainhwordstructwalproblems kicndto butrotOohedto,woodto contact,masoay.fib-sisprayfaaml=Bon.anndsetttemaMof the foudatinofmfoam kaedst on;,&—constmer s.eoglmded oohs or*-Wham moded roundation scent p(kidrrbng vrr A wood and nreiati in cooled*Q h Oro ground.mulch,.crother 10.�AG� � • aft,lumber wood.mulck shrubs.vka%athd Wherpt oCecblro grotnW covering In contact h stn ckus. Ts'TtdsAgreertnerdandlheattadnedTreakthontRemortahanbelhaottnra behreenCualofiarandOddnNoothoagreemrpsts.undersharndngs arrepmssonlanans:wheOlowrtnen ehr.eral wdtlh Eesped to the Awe staO ba binding as Dncy�n hexane superseded by Gels Apreensertt Cratontorwarnamsend admm UWCustamerhdanotratedonar6eeAU.ibk. Y.,3r-ragre ---...V.wrepre—.—t,whaO+orwd tttonaoat,hislgrftthisAgrearard.The tamhsof the AgreemeasffiOad herein may n otbe amended or anued urdoss a written ileahga b appoved and stgnad by a Corporate Officer of Odda.No admaempi or �ofOddnhmauthmq*gytoamwAcraMerwWp�art,afMAgreaLtfanypmAdociarpoffidgereof,"ciddsAa tatoundtobainvatldaunaritorceahl�e�Bshadimot thevalft or ardomeab ilydm y Wiser part of this Agreement.Piovdded,how*er.+that as to S.MEPO W IARBriRATION.If the gun once prectudtng the arbbwwhom&nd_rctkg an atWb,anon p beecilisq as a doss.mproserNatlwd or pdvate attomey (s found to bd kwalW or ur4nuve"Died die en2rely d 5I be deemed to be deleted from this Agreement 11. ABLE LAW:This stay be by and construed under the laws of the State OlGeargla,wMVW regard to its conflicts d In"Fire 12.FORCE MAJEURE (Crcmm�slareces beyond Oridrn a control):Orhdn's obUgsdani rirndar this shall be cancelled.D Orkin canrat perform tsespa a9sWas due toAets dGod iredrtd�knogp., y starts.micas,floods: a bum ds a nmiertal n.drourr starves bndut"but rot Bmtud to ads doll 13 @MENEM =if W. t lid �goaa if Die ahBgafbrn fo rs ihts Agare not mat by Qutoner.or in iha emu d a 1Ni fGtIARANTEE�GU t R18 -TbiAT I.USTOtAER IS NOT CKF�Y SATISFIED WITH ORIONIS TREATMENT.ORLON WILL REFUND WIT1AL TREATMENT CHARGE AND ANY!'REPAID RENEWAL Fl�S iF WSTOsi92 CONTACTS ORKiN IN WRITING AT THE BRANCH ADDRESS BELOW B AFTER CUBTOM6t S 01iTlhl TREATMENT,AND ORKIN FAILS TO RESOLVE PROBLEM WITHIN 30 BAYS AFTER RECEIVING IT.A RiGN OF CU$TOLLER'S INInALTREATIEFIN r CHARGE ANDANY PitEPAtD fa31L?fAfA1 FEESS WILL RESULT IN CANCELLATION OF THIS AGREEMENT. ATION:BUS[NOEMS8 OAY YAFCtER THE DATE OFETFEtiSA iSACTION E PRIOR TO MIDNIGHT OF TFiE THIRD Wage Of Te guesta Village Hall 02115/24 1'Service purchased 3,900.00 a hired Tr st sab"WiCo .....................It345 8T t;ttesta Dr Dam b.NUmAajasbnoata......................is 0.00) saeesAdd,ass(nnamd ftad as) c AddimnhhaJ Ranarat nor rears........S 0.00 3.900.00 Tequesta Florida 33469 (saga•b+c)............................ ....S Coft Pha .............. ...............$ 2.Ottierteemrc (�581I 945-i389 State(561)945-1389 aP a Smaslwm.............................5 H 0.00 ere Rx. wady n b.Omer Fees . 0.00 _.. Semi(sum a+b)............................... ....S 0 xy ePalmBescfi ls*ftwOdna,oCaytkr2tsa apes allo 3.TOTAL•Pdea(suet+2)..................................S 39�•00 Same 4.tE95 Dorn Parmarrt....................................(+ 0.00) sans rean,e OadltawW tL Rem sift Bhdarce 13 mite a)..............................5 UEltWDCFPAYtdW p FWAliCED•SoatiaPaafe FIAMAWconmd Deep Adrxesi{d�ima,U O CASH Coy sure EPcaro o CHECK a Ty,.,Oeaw tebetagwaCommercialbuilding o PAYMW OPTION FORM td,pam eaance tabu es Flnarread a•iwe Upah rarrhPnaoae Jeff Poiston 958625 1592 Donna Rd tnspadarNwn*MRalf7 tknpbpae lD e or 0er611.6ona &cad,Street Addrass (561)385.6971 --1 Palm Beach Brand,TakpUm Nurdw I Sera 210 Cade 0211WU 0211612 cote s sgnabxe Date AG13OWOC Ws.23)FW" omcEco Customer Email:dchambers@tequesta.org Florida Department of Agriculture and Consumer Services Bureau of Inspection and Incident Division of Agricultural Environmental Services Response 3125 Conner Blvd,Suite N, Tallahassee,FL32399-1650 CONSUMER NOTICE FORM biircomplaints@freshfromflorida.com ARAM H.PUMM Rue 5E-14.105,FAC. COMMISSIONER Telephone:(8W)617 79W.Fax(850)617 79M A pest control company must give you a written contract prior to any treatment of each wood-destroying organism. It is very important that you read and understand the contract you are signing. The pest control company is only obligated to follow the terms of the contract you have signed,regardless of other statements by the company or salesperson.(Note:Contracts for treatment for new construction can be issued to the builder and provided to you at closing). BASIC REQUIREMENTS FOR CONTRACTS ■ The contract must state the common name of the wood-destroying organism to be controlled by the company(e.g. subterranean termite,powder post beetle). If the contract is for termite control, the contract must clearly state whether Formosan termites are covered or not. • Some contracts do not include a treatment at the time the contract is issued, and that should be clearly stated. If a treatment is performed as part of the contract, the cost for the treatment must be stated. If the treatment is only for certain areas,the contract should clearly state that it is for"spot treatment"only. • The contract must state if it is a retreatment only or a retreatment and repair contract If it is a retreatment and repair contract,carefully read the sections of the contract that state when repairs will or will not be covered by the contract. REQUIREMENTS FOR STATING WHEN TREATMENT OR REPAIR WILL NOT BE COVERED BY THE CONTRACT • Repair contracts will not cover repairs from termite damage under every condition. The contract must state when retreatment or repair will be done,and conditions under which the company can refuse to retreat or repair. ■ These conditions have to be stated and be under headings in the contract that are in bold print Companies typically refuse repair or retreatment if the condition of the house is such that moisture or leaks result in termite infestation,or where siding makes it hard to see termite infestation Examples of this are: •Cracks in concrete slabs •Leaks in the roof •Wood or wall siding in contact with ground •Water accumulating against side of house •Plumbing leaks The law does require that companies notify you if they see conditions which would void the repair promise and they have to give you a chance to correct the condition before voiding the contract or denying repair coverage. • Contracts may have a condition that does not cover Formosan termite damage until a specific time period has passed. This means that if damage occurs during this period the company will not pay for repair. • You have the right to compare contracts from other companies before signing a contract with a company. Choose the company that gives you the best contract options. ■ If you have any questions about the terms of the contract,or concerns about the compliance history of the company with regard to pest control laws or regulations,contact the Department of Agriculture and Consumer Services at phone number.850-617-7996 or email:Uiircomplaints@freshfromflorida.com. I understand that I am entering into a contract with Orkin Pest Control (fill in company name)to provide wood-destroying organism(s)treatment,and I have read and understood the terms of the contract. Village Of Teguesta Village Hail Date:02/15124 Print Name of Consumer Titre: signatu of Consumer Property Owner or authorized agent Jeff Poiston Date:02115124 Print Name of Pest Con nta" Company:firkin Pest Control Signature of Pest Control Representative FDACS-13692 Rev.09f 15 Customer Email: dchambers@tequesta.org PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."