HomeMy WebLinkAboutMcCall Service Inc. Agreement -2003 11 01
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Utility I Public Works Telephone (407) 327-1800
Fax (407) 327-6695
Department
AGREEMENT FORM
THIS AGREEMENT is made and entered into this 1 st day of November, 2003, by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation,
hereinafter referred to as "City", located at 1126 East State Road 434, Winter Springs, FL 32708,
and McCall Service Inc.. a Florida Corporation. 1011 W. 29th Street. Orlando. FL 32805
hereinafter referred to as "Service Provider".
WITNESSETH:
WHEREAS, City wishes to obtain services for Pest Control on a continuing basis; and
WHEREAS, Service Provider currently provides such services to Seminole County under
RFP-4164-02/GG; and
WHEREAS, Service Provider is willing to provide such Pest Control Services for the City
under the terms and conditions stated herein and contained in Seminole County Purchase
Agreement RFP-4164-02/GG dated August 5, 2002 and Second Amendment dated July 29,
2003.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
1.0 RECITALS
1.1 The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by reference.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be in effect for twelve (12) months commencing on the
Effective Date. The City may extend this contract for two (2) additional one year terms, provided
the City determines, in its discretion, that Service Provider has adequately performed during the
previous term of this contract. In the event this contract is extended, the contract price may be
adjusted to allow for consumer price increases based on Bureau of Labor and Statistics -
Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual
contract period from the same period of the previous year and calculated 30 days prior to
renewal. The Agreement may be canceled in whole or part by the City or the Service Provider,
upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance
on the part of the Service Provider will be grounds for immediate termination. Unless otherwise
provided in said notice, all work being performed by Service Provider at the time of receipt of the
notice shall immediately cease and no further work shall be provided by Service Provider under
this contract.
2.2 Definitions. The following words and phrases used in this Agreement shall
have the following meaning ascribed to them unless the context clearly indicates otherwise:
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a. "Agreement" or "Contract" shall be used interchangeably and
shall refer to ,this Agreement, as amended from time to time,
which shall constitute authorization for the Service Provider to
provide the pest control services approved by the City.
b. "Effective Date" shall be the date on which the last signatory
hereto shall execute this Agreement, and it shall be the date on
which this Agreement shall go into effect. The Agreement shall
not go into effect until said date.
c. "Service Provider" shall mean McCall Service Inc. a Florida
Corporation, and its principals, officers, employees, and agents.
d. "Public Record" shall have the meaning given in Section
119.011(1), Florida Statutes.
e. "Work" or "Services" shall be used interchangeably and shall
include the performance of the work agreed to by the parties in
this Agreement.
f. "City Project Manager" or "Designated Representative" or "Project Director" shall
mean the Public Works/Utilities Director for the City, or his designee, who is to
provide the general administration of the contract.
3.0 SCOPE OF SERVICES
3.1 Scope of Services provided shall be inclusive of Level I services provided to
Seminole county under RFP-4164-02/GG, pages 16 through 25 of Seminole County Purchase
Agreement Exhibit A.
3.2 Locations of services will be provided at facilities as indicated on Exhibit B -
Facilities Square Footages by Department.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to
Service Provider. If such changes increase (additional services) or decrease or eliminate any
amount of Work, City and Service Provider will negotiate any change in total cost or schedule
modifications. If the City and the Service Provider approve any change, the Contract will be
modified in writing to reflect the changes. All change orders shall be authorized in writing by
City's and Service Provider's designated representative.
4.2 All of City's amendments thereto shall be performed in strict accordance with the
terms of this Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule
reasonably established by the City Project Manager. Service Provider shall complete all of said
services in a timely manner and will keep City apprized of the status of work on at least a monthly
basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on
the established schedule, it shall employ 'such resources so as to comply with the schedule.
5.2 No extension for completion of services shall be granted to Service Provider
without City's prior written consent.
.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES
OF SERVICE PROVIDER
6.1 General Bid Services. The City shall only pay Service Provider for services
actually performed based on the Proposal Form. The total amount paid to Service Provider for the
first year of this Agreement shall not exceed Thirty Nine Hundred ($3900.00) Dollars. If this
contract is extended, the total annual amount paid to Service Provider shall not exceed that
above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of
this contract.
6.2 Additional Services. From time to time during the term of this Agreement, City
may request that Service Provider perform additional Services not required under the Project
Manual. For those additional services agreed upon by the City and Service Provider in writing,
City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the
parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City
agrees to pay the Service Provider the invoice amount providing said amount accurately reflects
the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis
unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall
be no other compensation paid to the Service Provider and its principals, employees, and
independent professional associates and consultants in the performance of Work under this
Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a
proper invoice delivered by Service Provider. The Service Provider may only bill the City for
actual work performed.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services
performed by Service Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its
responsibility under this Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement
shall be made available to the City, at any time during normal business hours, as often as the City
deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty (30)
days after receipt by the Service Provider. Failure of the Service Provider to comply with the
above audit requirements will constitute a material breach of this Agreement and may result, at
the sole discretion of the City, in the withholding of payment for services provided under this
Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE .
9.1 Service Provider shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree
of care and skill in performing the Services that are ordinarily exercised under similar
circumstances by reputable members of Service Provider's profession working in the same or
similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of
all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any
funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in
the City Project Manager's reasonable discretion to permit the City to determine the Work
performed or the manner in which it is being performed, the City may seek more detail from the
Service Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners,
and agents used to perform the Services) hereby warrants unto the City that all of its employees
(and those of any of its contractors, partners, and agents used to perform the Services) have
sufficient experience to properly complete the Services specified herein or as may be performed
pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and
direct the Work, using its best skill and attention and shall enforce strict discipline and good order
among its employees. The Service Provider shall comply with all laws, ordinances, rules,
regulations, and lawful orders of any public authority bearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
12.1 Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the
State of Florida and is in good standing under the laws of Florida,
and is duly qualified and authorized to carry on the functions and
operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power,
authority, and the legal right to enter into and perform the obligations
set forth in this Agreement and all applicable exhibits thereto, and
the execution, delivery, and performance hereof by Service Provider
has been duly authorized by the board of directors and/or president
of Service Provider. In support of said representation, Service
Provider agrees to provide a copy to the City of a corporate
certificate of good standing provided by the State of Florida prior to
the execution of this Agreement.
c. Service Provider is duly licensed under all local, state and federal
laws to provide the Services stated in paragraph 3.0 herein. In
support of said representation, Service Provider agrees to provide a
copy of all said licenses to the City prior to the execution of this
Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically
understood
and agreed to by and between the parties hereto that the contractual relationship between the
City and Service Provider is such that the Service Provider is an independent contractor and not
an agent of the City. The. Service Provider, its contractors, partners, agents, and their employees
are independent contractors and not employees of the City. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor, between the
City, on one hand, and the Service Provider, its contractors, partners, employees, or agents,
during or after the performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis,
or more frequently if required by the City, during the term of work entered into under this
Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend
such meetings as designated by the City Project Manager.
15.0 SAFETY
15.1 Service Provider shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and agents while
performing Services provided hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall
be responsible for providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability
insurance in the minimum amount of $1 ,000,000 as the combined single limit
for each occurrence to protect the Service Provider from claims of property
damages which may arise from any Services performed under this
Agreement whether such Services are performed by the Service Provider or
by anyone directly employed by or contracting with the Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability
insurance in the minimum amount of $1,000,000 combined single limit bodily
injury and minimum $1,000,000 property damage as the combined single
limit for each occurrence to protect the Service Provider from claims for
damages for bodily injury, including wrongful death, as well as from claims
from property damage, which may arise from the ownership, use, or
maintenance of owned and non-owned automobiles, including rented
automobiles whether such operations be by the Service Provider or by
anyone directly or indirectly employed by the Service Provider.
c. The Service Provider shall maintain, during the life of this Agreement,
adequate Workers' Compensation Insurance in at least such amounts as are
required by law and Employer:'s Liability Insurance in the minimum amount of
$1,000,000 for all of its employees performing Work for the City pursuant to
this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the
requirements herein identified shall be maintained during the term of this Agreement. A copy of a
current Certificate of Insurance shall be provided to the City by Service Provider upon the
Effective Date of this Contract which satisfied the insurance requirements of this paragraph 16.0.
Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall
also be a 30-day advance written notification to the City in the event of cancellation or
modification of any stipulated insurance coverage. -The City shall be an additional named insured
on all stipulated insurance policies as its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or
agents employed by Service Provider to perform any Services hereunder shall fully comply with
the insurance provisions contained in these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local
laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services
under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Service Provider and its independent contractors and associates related, directly or indirectly, to
this Agreement, may be deemed to be a Public Record whether in the possession or control of
the City or the Service Provider. Said record, document, computerized information and program,
audio or video tape, photograph, or other writing of the Service Provider is subject to the
provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City Manager. Upon request by the City, the Service Provider shall
promptly supply copies of said public records to the City. All books, cards, registers, receipts,
documents, and other papers in connection with this Agreement shall at any and all reasonable
times during the normal working hours of the Service Provider be open and freely exhibited to the
City for the purpose of examination and/or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal
corporation and subject to the Florida Public Records Law. Service Provider agrees that to the
extent any document produced by Service Provider under this Agreement constitutes a Public
Record; Service Provider shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or
any monies due or to become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts
and/or omissions performed by the subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with
this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy
the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the
commencement of any Work by the subcontractor, Service Provider shall require the
subcontractor to provide City and its affiliates with insurance coverage as set forth by the City.
20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and rescind
all rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within fourteen (14) calendar
days after written notice from the City specifying the default complained of, unless,
however, the nature of the default is such that it cannot, in the exercise of reasonable
diligence, be remedied within fourteen (14) calendar days, in which case the Service
Provider shall have such time as is reasonably necessary to remedy the default,
provided the Service Provider promptly takes and diligently pursues such actions as
are necessary therefore; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of
creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its
debts; or
c. Service Provider has acted negligently, as defined by general and applicable law, in
performing the Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute which 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.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider,
the City shall have the right to exercise any other remedy the City may have by operation of law,
without limitation, and without any further demand or notice. 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 prior to the effective date of
termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except involving Service Providers labor force);
extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or
facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory
agency; or cause or causes beyond the reasonable control of the party affected; provided that
prompt notice of such delay is given by such party to the other and each of the parties hereunto
shall be diligent in attempting to remove such cause or causes. If any circumstance of Force
Majeure remains in effect for sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and
enforced in accordance with the laws of the State of Florida. Venue for any state action or
litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid,
against public policy, void, or otherwise unenforceable"by a court of law, the parties, at the sole
discretion and option of the City, shall negotiate an equitable adjustment in the affected provision
of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall
otherwise be fully enforceable.
25.0 INTEGRATION: MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been
induced by no representations, statements, warranties, or agreements other than those
expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the
parties relating to the subject matter hereof unless expressly referred to herein. Modifications of
this Agreement shall only be made in writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of each party
hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Service Provider, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the Service
Provider, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between
the parties and neither party are authorized to, nor shall either party act toward third persons or
the public in any manner which would indicate any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement,
the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-
prevailing party the costs and expenses of such action including, 'but not limited to, reasonable
attorney's fees, whether at settlement, trial or on appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of
this Agreement in the event of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
For Service Provider:
McCall Service Inc.
1001 W. 29th Street
Orlando, Florida 32805
Phone: 407-423-2847
Facsimile: 407-423-0406
For City:
City of Winter Springs
Utilities/Public Works Director
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327-5957
Facsimile: (407) 327-6695
33.2 Either party may change the notice address by providing the other party written
notice of the change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law.
35.0 INDEMNIFICA TION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to
the fullest extent permitted by law, to indemnify and hold harmless the City and its
commissioners, employees, officers, and city attorneys (individually and in their official capacity)
from and against all claims, losses, damages, personal injuries (including but not limited to
death), or liability (including reasonable attorney's fees through any and all administrative, trial
and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all
Services performed under this Agreement by Service Provider,
and its employees, principals, agents, independent contractors,
and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of
or resulting from Service Provider's and its employees, partners,
.
contractors, and agents on the performance of the Services
being performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal, state,
or local laws, ordinance, or regulations applicable to Service
Provider's and its employees, partners, contractors, and agents
performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider
and its employees, partners, contractors, and agents on the City
under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at
its own expense or to provide for such defense, at the option of the City, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may be
brought against the City or its commissioners, employees, officers, and City Attorney which may
result from any negligent act, omission or operation of work related to the Services under this
Agreement whether the Services be performed by the Service Provider, or anyone directly or
indirectly employed by them. In all events the City and its commissioners, employees, officers,
and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with this indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement
between the City and the Service Provider, the inconsistency shall be resolved by giving
precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this
Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and
performed by the Service Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or
discrepancies be found in the Agreement or specifications, the City at its sole discretion will
interpret the intent of the Agreement and work descriptions and the Service Provider hereby
agrees to abide by the City's interpretation and agrees to carry out the work in accordance with
the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more
than one brand name is listed, it will be understood that the work is based on one brand name
only. The Service Provider will be responsible for all coordination necessary to accommodate the
material, article, or equipment being provided without additional cost to the City. A substitute
material, article, or equipment is allowed if it is reasonably equivalent to' the brand name
specified. The City has full discretion to decide whether a substitute is reasonably equivalent.
.
Service Provider must notify the City prior to use of the substitute for a specified brand name and
allow the City to make a determination before Service Provider uses the substitute.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
Their duly authorized representatives as of the date first written above.
SERVIC}ROVID~ Dated /1--0) -(})
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CITY:
CITY OF WINTER SPRINGS, FLORIDA
By: ',' I /?~ vv. -?Y1oe--- Dated /;- 0 5....' a~
GJtv Manager
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ATTEST: Ii
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By: 1
REAL " ZO-LUACES
City Cler
Attachments:
Exhibit "A" - Seminole County Purchase Agreement RFP-4164-02/GG
Exhibit "B" - Facilities Square footage by Department
Exhibit B
City of Winter Springs
I Facilities Square Footages by Department
McCall Services Pest Control Contract
Square ' Service Hours of Phone Pre-Call '
Facilities Square Footages by Department Feet Level Operation Number Arrangements Annual Cost
Utility Department
Water Plant #1 - 851 Northern Way M-F 8am-5pm yes
Operations/Pump Building 1134 1 $10.00 $120.00
Field Operations Building 1485 1 $10.00 $120.00
Water Plant #2 - 700 Sheoah Blvd. 863 1 M-F 8am-5pm 407-327-2669 yes $10.00 $120.00
Water Plant #3 - 110 W. Bahama Rd. 863 1 M-F 8am':'5pm 407-327-2669 yes $10.00 $120.00
East Wastewater Treatment Plant - 1560 Winter Srinqs Blvd. M-F 8am-5pm 407-365-8045
Operations/Electric/Blower,Building 2112 1 $20.00 $240.00
Compressor Building 234 1 $10.00 $120.00
High Service Pump Building 400 1 $10.00 $120.00
West Wastewater Treatment Plant - 1000 W. SR 434 M-F 8am-5pm 407-699-0749
Operations Building 1500 1 $10.00 $120.00
Polymer Building 480 1 $10.00 $120.00
General Services Department 407-327-1800
city Hall - 1126 E. SR 434 22150 1 M-F 8am-5pm $60.00 $720.00
Antenna Building 208 $10.00 $120.00
Fire Department .
Fire Station #24 - 102 N.Moss Rd. 7880 1 24/7 407-327 -2332 $35.00 $420.00
Fire Station #26 - 850 Northern Way 4884 1 24/7 407-977-2601 $25.00 $300.00
Police Department 407-327 -1000
Public Safety Buildinq - 300 N.Moss Rd. 21700 1 24/7 $60.00 $720.00
Public Works Department 407-327 -2669
Public Works Field Office - 110 N. FlaminQo Ave 1100 1 M-F 8am-5pm $10.00 $120.00
Garage 2408 1 $15.00 $180.00
Breakroom 713 1 $10.00 $120.00
Totals 70114 $325.00 $3,900.00
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EXHIBIT A
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SECOND AMENDMENT 'l'O TERM CON'I'RACT FOR PEST CON'I'ROL SERVICES
PURCHASE AGREEMENT (RFP-4164-02/GG)
'l'HIS SECOND AMENDMENT is made and entered into this d'1th day of
:rv ) )' , 20Q3 and is to that certain Agreement made and
entered into on the 5th day of August 2002, as amended on July 9, 2003,
between McCALL SERVJ:CE, INC., whose address is 1001 West 25th Street,
Orlando, Florida 32805, hereinafter referred to as "CONTRACTOR," and
Sl!XtNOLE COUNTY, a political subdivisi.on of the State of Florida, whose'
address is Seminole County Services Building, 1101 East First Street,
Sanford, Florida 32771, hereinafter referred to as "COUNTY".
WIT N E SSE 'l' B:
, WHEREAs I the CONTRACTOR and COUNTY entered into the above-referen-
ced Agreement on August 5, 2002, as amended on July 9, 203, for pest,
control services; and
WHEREAs I the parties desire to amend the Agreement ,so as to enable
both parties to continue ,to enjoy the mutual benefits it provides; and
WHEREAS , Section 21 of the Ag~eement provides that any amendments
shall be valid only when expressed, in writing and duly signed by the
parties,
NOW, 'rREREP'ORE, in consideration of the mutual understandings and
agreements contained herein, the parties agree to amend the Agreement as
follows:
1. Section 5 of the' Agreement is amended to read:
SEC'1'ION 5. COMl>ENSA'l'ION. The COUNTY agrees to compensate the
CONTRACTOR for the professional services called for under this Agreement
on a "Fixed Fee" basis. When a Purchase Order is issued for a "Fixed
Fee Basis, II then the applicable PurchElse Order Fixed' Fee amount shall
include any and all reimbursable expemles. The total comp~nsation paid
to the CONTRACTOR pursuant. to this Agreement through August 4., 2003,
expenses', shall not exceed TWENTY-SEVEN THOUSAND
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TEN AND NO/lOa DOLLARS ($27,010.00) . Thereafter, the total compensa-
tion, including reimbursable expenses, shall not exceed the sum of
THIRTY-TWO THOUSAND FOUR HUNDRED SIXTY AND NO/lOa DOLLARS ( $32,460.00)
per year for the remainder of the Agreement term.
2. Except as herein modified, all terms and condi tions of the
Agreement shall remain in full force and effect for the term of the
Agreement, as originally set forth in said Agreement.
:IN WJ:TNESS WHEREOF, the parties hereto have executed this
instrument for the purpose herein expressed.
ATTEST:
~ By:
DAVID
(CORPORATE SEAL) Date:
WITNESSES, d~ By:
~ ..___",0. ~;;~~3
Date:
/ I
For the use and reliance As authorized by Section 330.3,
of Seminole County only. Seminole County Administrative
Code.
Count.
AC/gn
7/23/03
2am-rfp-4l64
2
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,
TERM C~RACT FOR PEST CONTROL SERV7CES
PURCHASE AGREEMENT (RFP-4164-02/GG) ~
9;y:if AGREEMENT is \ made and entered into this S day of
\
, '20 d.) / by and between McCALL SERVICE, I:NC . , duly
authorized to conduct business in the State of Florida, whose address is
1001 West 25th Street, Orlando, Florida 32805, hereinafter called the
"CONTRACTOR" and SEMI:NOLE CO'ON'l'Y, a political . subdivision of the State
of Florida, whose address is Seminole County Services Building, 1101
East First Street, Sanford, Florida 32771 , hereinafter called the
II COUNTY II .
WIT N E SSE T B:
WHEREAS , the COUNTY desires to retain the services of a competent
and qualified contractor to supply pest control services for Seminole
County; and
WHEREAS , the COUNTY has requested and received expressions of
interest for the retention of services of contractors; and
WHEREAS , the CONTRACTOR is competent and qualified to provide pest
control services to the COUNTY and desires to provide services according
to the terms and conditions stated herein,
NOW, THEREFORE , in consideration of the mutual understandings and
covenants set forth herein, the COUNTY and the CONTRACTOR agree as
follows: .
SECTION 1. SERVI:CES. The COUNTY does hereby retain the
CONTRACTOR to furnish pest control services as further described in the
Scope of Services attached hereto as Exhibit "A" and made a part hereof.
Required materials shall be specifically enumerated, described and
depict~d in ~h~ Purchase Orders authorizing performance of the specific
task. This Agreement standing alone does not authorize the performance
of any work or require the COUNTY to place any orders for
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SECTION 2. TElUt1. This Agreement shall take effect on the date of
its execution by the COUNTY and shall run for a period of three (3 )
years and, at the sole option of COUNTY, may be renewed for two (2 )
successive periods not to exceed one (1) year each. Expiration of the
term of this Agreement shall have no effect upon Purchase Orders issued
pursuant to this Agreement and prior to the expiration date. Obliga-
tions entered therein by both parties shall remain in effect until
delivery and acceptance of the materials authorized by the Purchase
Order.
SECTION 3. AU'l'BOIUZA'l'J:ON FOR SElRVJ:CES. Authorization for per-
formance of services by the CONTRACTOR w1der this Agreement shall be in
the form of written Purchase Orders issued and executed by the COUNTY
and signed by the CONTRACTOR. A sample Purchase Order is attached
hereto as Exhibit "B". Each Purchase Order shall describe the amount of
methanol to be delivered and shall state the dates for commencement and
completion of work and establish the amount and method of payment. The
Purchase Orders will be issued under and shall incorporate the terms of
this Agreement. The COUNTY makes no covenant or promise as to the
nUmber of available Purchase Orders nor that, the CONTRACTOR will
perform any Purchase Order for the COUNTY during the life of this
Agreement. The COUNTY reserves the right to contract with other parties
for the serVices contemplated by this Agreement when it is determined by
the COUNTY to be in the best interest of the COUNTY to do so.
SECTJ:ON 4. 'l'J:ME FOR COMPLE'l'J:ON. The services to be rendered by
the CONTRACTOR shall ,be commenced, as specified in such Purchase Orders
as may be issued hereunder, and shall be, completed within the time
-
specifiea therein.
SEC'l'J:ON 5. COMPENSA'l'J:ON. The COUNTY agrees to compensate the
CONTRACTOR for the professional services called for under this Agreement
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on a "Fixed Fee II basis. When a Purchase Order is issued for a "Fixed
Fee Basis," then the applicable Purchase Order Fixed Fee amount shall
include any and all reimbursable expenses. The total compensation paid
to the CONTRACTOR pursuant to this Agreement including reimbursable
expenses, shall not exceed TWENTY-SIX THOUSAND FOUR HUNDRED SIXTY AND
NO/IOO DOLLARS ($26,460.00) per year.
SECTION 6. PAYHEN'l' AND BILLING.
(a) The CONTRACTOR shall perform all work and supply all materi-
als required by the Purchase Order but, in no event, shall the
CONTRACTOR be paid more than the negotiated Fixed Fee amount stated
within each Purchase Order.
(b) For Purchase Orders issued on a "Fixed Fee Basis,". the
CONTRACTOR may invoice the amount due based on the percentage of total
Purchase Order services actually perfonned and completed; but, in no
event, shall the invoice amount exceed a percentage of the Fixed Fee
amount equal to a percentage of the total services actually completed.
(c) Payments shall be made by the COUNTY to the CONTRACTOR when
requested as work progresses for services furnished, but not more than
once monthly. Each Purchase Order shall be invoiced separately.
CONTRACTOR shall render ,to COUNTY, at the close of each calendar month,
an itemized invoice properly dated, describing any services rendered,
the cost of the s'ervices, the name and address of the CONTRACTOR,
Purchase Order Number, Contract Number and all other information
required by this Agreement.
The original invoice shall be sent to:
Director of County Finance
Seminole County Board of County Commissioners
Post Office Box 8080
Sanford, Florida 32772
A duplicate copy of the invoice shall be sent to:
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Seminole County Facilities Division
205 West County Home Road
Sanford, Florida 32773
(d) Payment shall be made after review and approval by COUNTY
within thirty (30) days of receipt elf a proper invoice from the
CONTRACTOR.
SECTION 7. GENERAL TERMS OF PAYMENT AND BILLING,
(a) Upon satisfactory completion of work required hereunder and,
upon acceptance of the work by the COUNTY, the CONTRACTOR may invoice
the COUNTY for the full amount of compensation provided for under the
terms of this Agreement herein less any amount already paid by the
COUNTY. The COUNTY shall pay the CONTRACTOR within thirty (30) days of
receipt of proper invoice.
\ (b) The perform have performed audit of the
COUNTY may or an
records of the CONTRACTOR after final payment to support final payment
hereunder. This audit would be performed at a time mutually agreeable
to the CONTRACTOR and the ,COUNTY subsequent to the close of the final
fiscal period in which the last work is performed. Total compensation
to the CONTRACTOR may be determined subsequent to an audit as provided
for in subsection (b) of this Section, and the total compensation so
determined shall be used, to calculate final payment to the CONTRACTOR.
Conduct 0:1; this audit shall not delay final payrnen t as provided by
subsection (a) of this Section.
( c) The CONTRACTOR agrees to maintain all books, documents,
papers, accounting records and other evidences pertaining to work
performed under this Agreement in such a manner as will readily conform
to the terms of this Agreement and to make such materials available at
the CONTRACTOR's office at all reasonable times during the Agreement
period and for five (5) years from the date of final payment under the
contract for audi t or inspection as provided for in subsection (b) of
4
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this Section.
(d) In the event any audit or inspection conducted after final
payment, but within the period provided i.n paragraph (c) of this Section
reveals any overpayment by the COUNTY under the terms of the Agreement,
the CONTRACTOR shall refund such overpayment to the COUNTY within thirty
(30) days of notice by the COUNTY.
SECTION 8. RESPONSIBILITIES OF THE CONTRACTOR. Neither the
COUNTY I S review, approval or acceptance of, nor payment for, any of the
services or materials required shall be construed to operate as a waiver
of any rights under this Agreement nor of any cause of action ,arising
out of the performance of this Agreement and the CONTRACTOR shall be and
always remain liable to the COUNTY in accordance with applicable law for
any and all damages to the COUNTY caused by the CONTRACTOR's negligent
or wrongful performance of any of the services furnished under this
Agreement.
SECTION 9. TERMINATION.
(a) The COUNTY may, by written notice to the CONTRACTOR terminate
this Agreement or any Purchase Order issued hereunder, in whole or in
part, at any time, either for the COUNTY's convenience or because of the
failure of the CONTRACTOR to fulfill its Agreement obligations. Upon
receipt of such notice, the CONTRACTOR shall immediately discontinue all
services affected unless the notice directs otherwise, and del i ver to
the COUNTY all data, drawings, specifications, reports, estimates,
summaries, and any , and all such other information and materials of
whatever type or nature as may have been accumulated by the CONTRACTOR
in performing this Agreement, whether completed or in process.
, , " "
(b) If the' termination is for the convenience of the COuNTy, the
CONTRACTOR shall be paid compensation for services performed to the date
of termination.
S
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(c) If the termination is due to the failure of the CONTRACTOR to
fulfill its Agreement obligations, the COUNTY may take over the work and
prosecute the same to completion by other Agreements or othen.rise. In
such case, the CONTRACTOR shall be liable to the COUNTY for all reason-
able additional costs occasioned to the COUNTY thereby. The CONTRACTOR
shall not be liable for such additional costs if the failure to perform
the Agreement arises without any fault or negligence of the CONTRACTOR;
provided, however, that the CONTRACTOR shall be responsible and liable
for the actions of its subcontractors, agents, employees and persons and
entities of a similar type or nature. Such causes may include acts of
God or of the public enemy, acts of the COUNTY in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restric-
tions, strikes, freight embargoes, and unusually severe weather; but, in
every case, the failure to perform must be beyond the control and
without any fault or negligence of the CONTRACTOR.
(d) If, after notice of termination for failure to fulfill its
Agreement obligations, it is determined that the CONTRACTOR had not so
failed, the termination shall be conclusively deemed to have been
effected for the convenience of the COUNTY. In such event, adjustment
in the Agreement price shall be made as provided in subsection (b) of
this Section.
(e) The rights and remedi e s of the COUNTY provided for in this
Section are in addition and supplemental to any and all other rights and
remedies provided by law or under this Agreement.
SECTION 10. AGREEMENT AND PURCHASE ORDER IN CONFLJ:C'l'. Whenever
the terms of this Agreement conflict with. any Purchase Order issued
pursuant to it, the Agreement shall prevail.
SEC'l'ION 11. EQUAL OPPOR'l'UNI'l'Y EMPLOYMEN'l'. The CONTRACTOR agrees
that it wilt not discriminate against any employee or applicant for'
6
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employment for work under this Agreement because of race, color,
religion, sex, age, disability, or national origin and will take steps
to ensure that applicants are employed, and employees are treated during
employment, without regard to race, color, religion, sex, age, disabil-
ity, or national origin. This provision shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including appren-
ticeship.
SECTJ:ON 12. NO CON'1':INGEN'l' FEES. The CONTRACTOR warrants that it
has not employed or retained any company or person,' other than a
bonafide employee working solely for the CONTRACTOR to solicit or secure
this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bonafide employee
working solely for the CONTRACTOR, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from award or
making of this Agreement. For the breach or violation of this provi-
sion, the COUNTY shall have the right to terminate the Agreement at. its
sole discretion, without liability and to deduct from the Agreement
price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
SECTION 13. CONFLJ:C'l' OF INTEREST.
(a) The CONTRACTOR agrees that it will not contract for or accept
employment for the performance of any work or service with any individ-
ual; business, corporation or government unit; that would create a
conflict of interest in the performance of its obligations pursuant to
this Agreement with the COUNTY.
(b) The CONTRACTOR agrees that it will neither take any action
nor engage in any conduct that would cause any COUNTY employee to
7
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violate the provisions of Chapter 112, Florida Statutes, relating to
ethics in government.
(c) In the event that CONTRACTOR causes or in any way promotes or
encourages a COUNTY officer, employee, or agent to violate Chapter 112,
Florida Statutes, the COUNTY shall have the right to terminate this
Agreement.
SEC'rJ:ON 14. ASSJ:GNMEN'r . This Agreement, or any interest herein,
shall not be assigned, transferred, or otherwise encumbered, under any
circumstances, by the parties hereto without prior written consent of
the other party and in such cases only by a document of equal dignity
herewith.
SECTION 15. SUBCON'l'RACTORS . In, the event that the CONTRACTOR,
during the course of the work under this Agreement, requires the
services of any subcontractors or other professional associates in
connection with services covered by this Agreement, the CONTRACTOR must
firs t secure the prior express written approval of the COUNTY. If
subcontractors or other professional associates are required in connec-
tion with the services covered by this Agreement, CONTRACTOR shall
remain fully responsible for the service~ of subcontractors or other
professional associates.
SEC'1'J:ON 16. J:NDEMNJ:FJ:CATJ:ON OF COUNTY. The CONTRACTOR agrees to
hold harmless, indemnify the COUNTY, its commissioners, officers, em-
ployees, and agents against any and all claims, losses, damages or
lawsuits for damages, arising from, allegedly arising from or related to
the provision of services hereunder by the CONTRACTOR..
SECTJ:ON 17. mSURANCE.
(al . ' GENERAL. The CONTRACTOR shall at the CONTRACTOR's own cos~,
procure the insurance required under this Section.
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(1) The CONTRACTOR shall furnish the COUNTY with a Certifi-
cate of Insurance signed by an authorized representative of the insurer
evidencing the insurance required by this Section (Professional Liabil-
ity, Workers' Compensation/Employer's Liabi li ty and Commercial General
Liabili ty) . The COUNTY, its officials, officers, and employees shall be
named additional insured under the Commercial General Liability policy.
The Certificate of Insurance shall provide that the COUNTY shall be
given not less than thirty (30) days written notice prior to the
cancellation or restriction of coverage. Until such time as the
insurance is no longer required to be maintained by the CONTRACTOR, the
CONTRACTOR shall provide the COUNTY with a renewal or replacement
Certificate of Insurance not less than thirty (30) days before expira-
tion or replacement of the insurance for which a previous certificate
has been provided.
(2 ) The Certificate shall contain a statement that it is
being provided in accordance with the Agreement and that the insurance
is in full compliance with the requirements of the Agreement. In lieu
of the statement on the Certificate, the CONTRACTOR shall, at the option
of the COUNTY submit a sworn, notarized statement from an authorized
representative of the insurer that the Certificate is being provided in
accordance with the Agreement and that the insurance is in full compli-
ance with the requirements of the Agreement.
(3 ) In addition to providing the Certificate of Insurance,
if required by the COUNTY, the CONTRACTOR shall, within thirty (30) days
after receipt of the request, provide the COUNTY with a certified copy
of each of the policies of insurance providing the coverage required by
this Sect.ion.
(4) Neither approval by the COUNTY nor failure to disap-
prove the insurance furnished by a, CONTRACTOR shall relieve the
9
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CONTRACTOR of the CONTRACTOR's full responsibility for performance of
any obligation including CONTRACTOR indemnification of COUNTY ~der this
Agreement.
(b) INSURANCE COMPANY REQUIREMENT~. Insurance companies provid-
ing the insurance under this Agreement must meet the following require-
ments:
(1) Companies issuing policies other than Workers' Compen-
sation, must be authorized to conduct business in the State of Florida
and prove same by maintaining Certificates of Authority issued to the
companies by the Department of Insurance of the State of Florida.
Policies for Workers' Compensation may bEl issued by companies authorized
as a group self-insurer by Section 440.57, Florida Statutes.
(2 ) In addition, such companies other than those authorized
by Section 4~O.57, Florida Statutes, shall have and maintain a Best's
Rating of "A" or better and a Financial Size Category of "VII" or better
according to A.M. Best Company.
(3) If, during the period which an insurance company is
providing the insurance coverage required by this Agreement, an insur-
ance company shall: 1) lose its Certificate of Authority, 2) no longer
comply with Section 440.57, Florida Statutes, or 3) fail to maintain the
requisite Best's Rating and Financial Size Category, the CONTRACTOR
shall , as soon as the CONTRACTOR has knowledge of any such circumstance,
immediately notify the COUNTY and ixnrnediately replace the insurance
coverage provided by the insurance company wi th a different insurance
company meeting 'the requirements of this Agreement. Until such time as
the CONTRACTOR has replaced the unacceptable insurer with an insurer
,acceptable to ,the COUNTY the.CONTRACTOR shall'be deemed to be in default
of this Agreement.
10
(c) SPECIFICATIONS. Without limi ting any of the other obliga-
ti ons or liabili ty of the CONTRACTOR, the CONTRACTOR shall, at the
CONTRACTOR's sole expense, procure, maintain and keep in force amounts
and types of insurance conforming to the minimum requirements set forth
in this subsection. Except as otherwise specified in the Agreement, the
insurance shall become effective prior to the commencement of work by
the CONTRACTOR and shall be maintained in force until the Agreement
completion date. The amounts and types of insurance shall conform to
the following minimum requirements.
(1) Workers' Compensation/Employer's Liability.
(A) The CONTRACTOR's insurance shall cover the
CONTRACTOR for liability which would be covered by the latest edition of
the standard Workers' Compensation Policy, as filed for use in Florida
by the National Council on Compensa tion Insurance, without restrictive
endorsements. The CONTRACTOR will alsc) be responsible for procuring
proper proof of coverage from its subcontractors of every tier for
liability which is a result of a Workers' Compensation injury to the
subcontractor's employees. The minimum required limits to be provided
by both the CONTRACTOR and its subcontractors is outlined in subsection
(c) below. In addition to coverage for the Florida Workers' Compensa-
tion Act, where appropriate, coverage is to be included for the Uni ted
States Longshoremen and Harbor Workers' Compensation Act, Federal
Employers' Liability Act and any other applicable federal or state law.
(B) Subj ec't to the restrictions of coverage found in
the standard Workers' Compensation Policy, there shall be no maximum
1 imi t on the amount of coverage for liability imposed by the Florida
, Workers' Compensation Acti the Uni ted States Longshoremen's and Harbor'
Workers' Compensation Act, or any other coverage customarily insured
under Part One of the standard Workers' Compensation Policy.
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(C) The minimum amount of coverage under Part Two of
the standard Workers' Compensation Policy shall be:
$ 500,000.00 (Each Accident)
$1,000,000.00 (Disease-Policy Limit)
$ 500,000.00 (Disease-Each Employee)
(2) Commercial Gen~ral Liability.
(A) The CONTRACTOR's insurance shall cover the
CONTRACTOR for those sources of liability which would be covered by the
latest edition of the standard Commercial General Liability Coverage
Form (ISO Form CG 00 01) , as filed for use in the State of Florida by
the Insurance Servic,es Office, without the attachment of restrictive
endorsements other than the elimination of Coverage C, Medical Payment
and the elimination of coverage for Fire Damage'Legal Liability.
(B) The minimum limi ts to be maintained by the
CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess
policy) shall be as follows:
LIMITS
General Aggregate $Three (3 ) Times the
Each 'Occurrence Limit
Personal & Advertising $1,000,000.00
Injury Limit
Each Occurrence Limit $1,000,000.00
(3) Professional Liability Insurance. The CONTRACTOR shall
carry limi ts of not less than ONE MILLION AND NO/IOO DOLLARS
($1,000,000.00) .
(d) COVERAGE. The insurance provided by CONTRACTOR pursuant to
this Agreement shall apply on a primary basis an4 any other insurance or
self-insurance maintained by the COUNTY or the COUNTY's of ficials,
off leers, or employees shall be excess of and not contributing with the
insurance provided by or on behalf of the CONTRACTOR.
12
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(e) OCCURRENCE BASIS. The Workers I Compensation Policy and the
Commercial General Liability required by this Agreement, shall be
provided on an occurrence rather than a claims-made basis. The Profes-
sional Liability insurance policy must either be on an occurrence basis,
or, if a claims-made basis, the coverage must respond to all claims
reported within three (3 ) years following the period for which coverage
is required and which would have been covered had the coverage been on
an occurrence basis.
(f) OBLIGATIONS. Compliance with the foregoing insurance
requirements shall not relieve the CONTRACTOR, its employees or agents
of liability from any obligation under a Section or any other portions
of this Agreement.
SEC'I'ION 18. AL'I'ERNA'l'rvE DISPUTE RESOLUTION (ADR).
(a) In the event of a dispute related to any performance or
payment obligation arising under this Agreement, the parties agree to
exhaust COUNTY ADR procedures prior to filing suit or otherwise pursuing
legal remedies. COUNTY ADR procedures for proper invoice and payment
disputes are set forth in Section 55.1, "Prompt Payment Procedures,"
Seminole County Administrative Code. Contract claims include all
controversies, except disputes addressed by the "Prompt Payment Proce-
dures, n arising under this Agreement wi,th ADR procedures set forth in
Section 220.102, "Contract Claims," Seminole County Code.
(b) CONTRACTOR agrees that it will file no suit or otherwise
pursue legal remedies based on facts or evidentiary materials that were
not presented for consideration in the COUNTY ADR procedures set, forth
in subsection (a) above of which the CONTRACTOR had knowledge and failed
to present ,during the COUNTY ADR procedures.
(c) In the event that COUNTY ADR procedures are exhausted and a
suit is filed or legal remedies are otherwise pursued, the parties shall
13
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exercise best efforts to resolve disputes through voluntary mediation.
Mediator selection and the procedures to be employed in voluntary
mediation shall be mutually acceptable to the parties. Costs of
voluntary mediation shall be shared equally among the parties partici-
pating in the mediation.
SECTION 19. REPRESENTATIVES OF 'l'HE CO'ONTY AND THE CON'l'RAC'1"OR.
(a) It is recognized that questions in the day-to-day conduct of
performance pursuant to this Agreement will arise. The COUNTY, upon
reques t by the CONTRACTOR, shall designate in writing and shall advise
the CONTRACTOR in writing of, one (1) or more of its employees to whom
all communications pertaining to the day-to-day conduct of this Agree-
ment shall be addressed. The designated representative shall have the
authority to transmit instructions, receive information and interpret
and define the COUNTY's policy and decisions pertinent to the work
covered by this Agreement.
(b) The CONTRACTOR shall, at all times during the normal work
week, designate or appoint one or more representatives of the CONTRACTOR
who are authorized to act in behalf of and bind the CONTRACTOR regarding
all matters involving the conduct of' the performance pursuant to this
Agreement and shall keep the COUNTY continually and effectively advised
of such designation.
SECTION 20. ALL PR:IOR AGRE1!:MENTS SUPERSEDED . This document
incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters
co~tained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this
..
Agreement tha tare not contained or referred to in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representati.ons or agreements, whether oral,
14
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or written.
SECTION 21. MODIFICATIONS, AMENDMEN'l'S OR ALTERATIONS. No modifi-
cation, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
SECTION 22. J:NDEPENDEN'r CONTRACTOR. It is agreed that nothing
herein contained is intended or should be construed as in any manner
creating or establishing a relationship of co-partners between the
parties, or as constituting the CONTRACTOR ( inc1 uding its officers,
employees, and agents) the agent, representative, or employee of the
COUNTY for any purpose, or in any manner, whatsoever. The CONTRACTOR is
to be and shall remain forever an independent contractor with respect to
all services performed under this Agreement.
SECTION 23. EMPLOYEE STATUS. Persons employed by the CONTRACTOR
in the performance of services and functions pursuant' to this Agreement
shall have no claim to pension, workers' compensation, unemployment com-
pensation, c i viI service or other employee rights or privileges granted
to the COUNTY's officers and employees either by operation of law or by
the COUNTY.
SECTION 24. SERVICES NOT PROVIDED FOR. No claim for services
furni shed by the CONTRACTOR no t specifically provided for herein shall
'be honored by the COUNTY.
SECTION 25. PUBLIC RECORDS LAW. CONTRACTOR acknowledges COUNTY's
obligations under Article I, Section 24, Florida Constitution and
Chapter 119, Florida Statutes, to rele~se public recOrds to members of
the public upon request. CONTRACTOR acknowledges that COUNTY is required
to 'comply with' Article ' ,
I, Section 24, Florida Constitution and Chapter
119, Florida Statutes, in the handling of the materials created under
this Agreement and that said statute controls over the tems of this
15
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Agreement.
SECTION 26. COMPLUNCE WI'l'B LAWS AND REGULATIONS. In providing
all services pursuant to this Agreement, the CONTRACTOR shall abide by
all statutes, ordinances, rules, and regulations pertaining to, or
regulating the provisions of, such services, including those now in
effect and hereafter adopted. Any violation of said statutes, ordi.,..
nances, rules, or regulations shall constitute a material breach of this
Agreement, and shall entitle the COUNTY to terminate this Agreement
immediately upon delivery of written notice of termination to the
CONTRACTOR.
SECTION 27. NOTiCES. Whenever either party desires to give
notice unto the other, it must be given by written notice, sent by
registered or certified United States mail, with return receipt request-
ed, addressed to the party for whom it is intended at the place last
specified and the place for giving of notice shall remain such until it
shall have been changed by written notice in compliance with the
provisions of this Section. For the present, the parties designate the
fOllowing as the respective places for giving of notice, to-wit:
FOR COUN'1'Y:
Seminole County Facilities Division
205 West County Home Road
Sanford, Florida 32773
FOR CON'l'RACTOR:
McCall Service, Inc.
1001 West 25~ Street
Orlando, Florida 32805
SECTION 28. RIGHTS AT LAW RETAINED. The rights and remedies of
the COUNTY, provided for under this Agreement, are in addition and
supplemental to any other rights and remedies provided by law.
:m WITNESS WHEREOF i the parties hereto have made and executed this
Agreement on the date below written for execution by the COUNTY.
16
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McCALL SERVICE, INC.
BY:~~
BRY "j':K?tY · resident
(CORPORATE SEAL) Date: ~ "J/ O~
I l
WITNESSES:
,
~~ Manager
Date: '6/) ~ Jf) 'L-
/
For the use and reliance As authorized by Section 330.3,
of Seminole County only. Seminole County Administrative
Approved as to form and Code.
legal su~icie
COll
AC/lpk
8/6/02
RFP-4164
Attacrunents:
Exhibit "A"- Scope of Services
Exhibit "B"- Sample Purchase Order
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.. . .
. . .::::.t~~~ ,,:,:...
i...... .
Scope of Services
. ,',"': \
: "
, . ':.::.;:;~~i~~~i:., :;. , ,
". : .:~:~7:;J;~:.:~~:> "
1. INTRODUCTION ",;"',' .':.:....:.
. ......
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Seminole CQunty Facilities Maintenance has a requirement for Pest Control Contract Services. Pest
Control Services covered under this agreement shall include Integrated Pest Management Services, '
Structural Pest Control Services. and "Emergency Support Services." This contract shall cover all
OfficesIBuildings as listed on the bid form.
Seminole County Facilities Maintenance desires to Implement an Integrated Pest Control (IPC) program
with the goal of achieving satisfactory, economical pest control with minimal or negligible human healtn
and environmental consequences. ControL Is to be considered In terms of both short-term and long-term
objectives. Short-term objectives would typically be to eliminate or reduce current unacceptable pest .
populations. Long-term objectives would focus on the' prevention of unacceptable pest populations, and
reduce the amount of pesticide applied and the frequency of applications. IPC integrates all pest control
methods to Include the following:
,
· Limiting pest access to food, water, and harborage
· Use of traps, baiting and other techniques to remove pests
· Carefully controlled application of pesticides
· Use of least-hazardous pesticides
This specification establishes the basic requirements for a comprehensive IPC program for Seminole
County buildings. This IPC contract is intended to reduce or maintain pest populations at tolerable levels
through the use of minimal amounts of pesticides and by employing other pest control strategies including
structural and procedural modifications to reduce food, water, harborage, and access used by pests.
2. BACKGROUND/CONCEPT OF OPERATION
Seminole County Facilities Maintenance manages over 200 county buildings with a diverse customer
base that In some cases, invite pest problems by failing to maintain adequate sanitary conditions. In
addition to our requirement to perform Integrated Pest Controlln each building, the successful contractor
shall plan for "emergency services" to be rendered as-needed by the building occupants.
The frequency of these requirements shall result in the need for technicians to be available to service this
contract on a daily basis. Facilities Maintenance's internal work order process starts when a building
occupant recognizes a problem and calls the Facilities Maintenance office with responsibility for the
specific building. The Facilities Maintenance office creates aninlemal work order that will record the work
completed by the contractor. No emergency work shall be recognizes without a valid Facilities
Maintenance, work order number. The work order will be called into the contractor's office and then faxed.
Facilities Maintenance receives an estimated quantity of 300 emergency service calls annuany.
Ih.eFacilities MaintenanceoHicewill maintain a record of pest control service calls in their buildings in .
order to help "educate" building occupants that may be contributing to the problem. After a service
technician completes the emergency service, the technician will complete a summary sheet (provided by
the contractor) that will be attached to the invoice detailing the building name, Facilities Maintenance work
order number, the problem found (I.e. ants or roaches), and his corrective action taken.
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GENERAL REQUIREMENTS .......
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The C.ontracto~ shall furnish all professlonaUspecial pest. control services Including, superVi~iQ!!1 .~~~~~~,~?~:;;.:.//.C'
matenals, pesticides, tools, equip~~nt, Insu~~ce, perml!s and fees ~ec~~ry t9 aC9ompn~~ .P~~.t contr6I(~:;:/,;:\;,.;:: ;'
tasks. These ta~ks In~lude sU:'91I1ance, trapping, pesticide ap~lIc~tlon,a~d pes~ r.emo~,:~p~J9..~IO;~n;j~,;?:;!::.
control of pests mcludlngtermltes and carpenter ants, crawling Insects, nUisance and rodent contrc5t~>,,::::;,.:. :
services Included in this contract. , /:':;,:," , ..' '
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Contractor shall supply all equipment needed to provide service. These shall Include ladders to reach, all
service areas, flashlights and traps. At no time shall the contractor use Seminole County equlpmen't or" '
tools.
.Pests. are defined as, but not limited, to the following: American brown banded, Oriental, German and
smoky brown cockroaches, ants, silverfish, rats, mIce, bedbugs, flies, wasps, hornets, spiders, ticks' ,
sewer flies", houseflies, fruit flies, flour beetles, wood destroying organisms, fleas, and other vermin. ':.:,::;::
"Rodents" are defined as, but not limited to the followln.g: Rats, mice, squirrels, and other small anlrrtais'
that may infiltrate building spaces
4. ' CONTRACTOR QUALIFICATIONS
The following information will be used to determine the bidder's responsibility. Information previously
submitted to the County in response to another Invitation for Bid shall not satisfy this requirement. ,','
4.1 The contractor shall be licensed to practice pest control in the State of Florida and Seminole
County. The contractor shall provide current copies of all licenses.
4.2 All Contractor personnel performing work according to this contract shall be appropriately trained
and certified to perform the work. Copies of currant certificates and licenses shall be provided for
at least six current employees that will be assigned to service this contract.
4.3 The contractor shall present evidence that the firm has been engaged in the pest control business'
for at least the past five (5) years. Contractors responding to this IT8 shall have experience in
servicing a similarly sized and complex customer.
4.4 Contractors shall provide five references. At least two references must be customers whose pest
control needs are similar to Seminole County in size and scope. Acceptable references In this
category would be commercial office complexes in excess of 1 million square feet, large
apartment complexes. and other governmental operations. At least two of the references must
be from customers that have used your company's services consecutively for three years or
longer. References must include the name, position and telephone number of a contact person.
size and description of the unitslbuildings serviced, and how long your company has serviced the
customer. If contacted, all clients must verify that a high level of satisfaction was provided.
4.5 The contractor shall provide evidence of financial stability and capability to perform this contract.
For publicly held companies a copy of the last two years annual reports will be acceptable. For
. prlyatElIY.beld comp~ni~s,.Jl,copyof your last two years Jinancial statement, and a letter from your,
' CPA or a copy of your Dunn & Bradstreet report.
4.6 The contractor shall perform (or have performed) background checks on employees selected to
service the Seminole County Facilities Maintenance Account. (See Para 5.3)
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.5. PERSONNEL, EMPLOYMENT PRACTICES AND ST AFFING..: 'Yl~~~:;.:~"'~': ,
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5.1 Pest Management Certification: In cases where the Conlraj:lor has two or more persons re~fi!ri!f':<':
to work under this contract, one will be designated as supei'vlsor a.nd must be fully certlfi~dil1.~IJ.~/::.,'
pes~ manageme~t ca~egories in whIch work Is to be performed. ~ncertHled employees iTi.~9.'~j,~~!~:;!:,:':;
assist the supervisor In work performance as long as they are In Immediate contact to the :?l,'\:.;'.;~;I~'l).'i.'-'>, ' . .
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supervisor. The supervisor will assume all responsIbility for their work. '.,:. .~.:.~~~'" ':...... '.
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NOTE "Certification" means a current certificate of competency In pest management In any an.i:t*.,:.;>:,"
all categories or sub-categories as Identified by the State of Florida. ".,:.: "
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5.2 Empioyee Management: Personnel relations of Contractor's employees on payroll shall be
Contractor's responsibility. Contractor shall comply with all applicable government regulations
related to the employment. compensation, and payment of personnel.
5.3 Background Checks: The contractor shall not send any Individual to service this contract who has
been convicted of any felony crime of violence, theft, and crimes against persons, drug use etc,". _'_" .'. .
or any misdemeanor crime of violence. The contractor shall be responsible for conducting
background checks on all employees sent to Seminole County to service this contract. These,
checks Shall be provided by an outside agency and not done by the contractor. A local records
check is not sufficient. Backgroundchecks shall be nation wide in nature. Seminole County
Facilities Maintenance reserves the right to deny building access to any employee of the
contractor found to be incompetent In the performance of the work under the contract,
discourteous, under the influence of alcohol or Gontrolled substance, or otherwise objectionable
(as determined by Seminole County) while performing services covered under this contract. 1;nls
shall also apply to any sub-contractor personnel. -.. .
5.4 Uniforms. All service technicians will present a neat appearance and wear a uniform with tl')e
company name and the technician's name clearly visible.' Company provided identification tags
should be worn in an easily visible manner. All service. technicians shall wear his Seminole'
County assigned identification badge at all times during the performance of contract services ,In
County property. Seminole County will issue the first identification badge for each of the
' Contractor's employees at no cost to the Contractor. If a 'badge Is lost at any time throughout one
(1) calendar year the Contractor will be charged a fee of Fifteen and No/100 Dollars ($15.00) per
replacement badge. In the beginning of each year the Contractor's employees assigned to
Seminole County will be issued a new badge, at no cost to the Contractor, for updatlng purposes.
5.5 Safety. Contractor shall take necessary prec3\Jtions to prevent injury to humans, domestic
animals, and property. Special care shall be exercised in the use of liquid pesticides in areas
having asphalt, mastic or linoleum surfaces. Special care shall also be exercised in areas where
food and children may be present during and after treatment. The contractor 'shall observe all
safety precaUtions throughout the performance of this cohtract. Occupant health or productivity
shall not be adversely affected. All work shall comply with applicable federal, state, and local
environmental and safety laws. Where there is a conflict between regulations, the most stringent
shall apply.
, Contractors shall wear protective clothing that conforms,t.o the requirements.9f, protecti(jn . '.' '"
. ., . ~ . .~, specjfl~d on the pesticide label'ar;dlo(MSDS:'Wher'e:the Contractor must apply'apesticlde in an'
occupied area, the Contractor should describe how he would prevent occupants' exposure (e.g..
evacuation, hon-volatile product, small application in cracks, etc.) and how he will determine the
airing out period, if needed. MSDS sheets shall be provided on all products used to the Facilities
Maintenance Division.
5.6 Regular scheduled worK, including Wood Destroying Organism control, will. be performed
between 7:00am and 5:00pm, Monday through Friday. Work in' kitchens and public spaces will be done
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between 7:00am and 5:00pm, In coordination with the County's Contract Administrator. Specific times f6:i ;;,:'.:
specific buildings other than that listed above will be noted on the Building Ust. Work in crawl s~ces:"L "
mechanical rooms and other secured areas shall be coordinated with the County's ContfaCt,,~:,.
Administrator. When it Is necessary to perfonn routine work outSide normal working hours, the Contractcki.
shall coordinate with the County's Contract Administrator (or their designee) at least three working "d~y~\,<"
(72 hours) in advance of such work. " ":"';~'~:'Y':::;~:':'"
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6. PESTICIDES. BAIT TRAPS 8<< STATIONS":'):':~(~'i;Y:'>,
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6.1 Pesticides: Only EPA, FDA and USDA approved pesticides will be used in a manner so as not to
adulterate or contaminate product equipment or p'roduct containers as provided by ~ood, Drug ,
and Cosmetic Act as amended. Pes~icldes will be changed as Federal and Local regulations
change and new products are approved or existing ones become restricted.
Contractor shall submit for approval a list of all pesticides and copies of the Material Safety Data
Sheet (MSDS) which are to be used in each location and shall not deviate from the pesticides
unless written permission Is received prior to any change In the use of said pesticides. ... .,~. ".. -..-....
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The Contractor shall not apply any pesticide t.hat has not been included In the Pest Control Plan
or otherwise approved by the County's Contract Administrator.
The Contractor shall not store any pesticide on Seminole County premises.
6.2 , As a general rule. rodent control in buildings shall be accomplished with live traps, "one-ways" or
bait traps. Traps shall be concealed in protected areas not affected by routine cleaning & .'
operations. Traps will be checked, emptied and cleaned at least weekly or more frequently If.
required by the County's Contract Administrator. Spring-loaded kill traps shall not be used
without prior approval of the County's Contract Administrator. If kill traps are approved, they must
be checked and cleared daily. Kill traps will only be considered In .areas where building
occupants do not have access.'
6.3 Baillraps and stations: "Ketch-All" traps and bait stations will be placed strategically in food
processing areas for Immediate rodent control. Bait stations showing activity will be tamper proof
and labeled POISON. Traps shall be labeledidentifyfng poison being used. date of each service,
servicing technician and Contractor's phone number. Rodents will be removed, properly
disposed of, and idEmtlfied on the service report including the trap number. Contractor shall not
dispose of dead rodents by putting the carcass in a local dumpster.
Traps shall be numbered and a corresponding number will appear on a premise graph detailing
trap locations. Traps shall have a floor number. Contractor will be responsible for updating the
graph when locations are added or deleted.
Traps and bait stations will becleaned of rodent hair, decayed matter, and droppings. Removed
rodents will be placed, in placed in plastic or paper bags and disposed of off campus in a sanitary
manner by technicians. Seminole County Facilities Maintenance will be not responsible for
damage or lo~s of traps or bait stations.
.In exceptional circumstances when rodent. pOisons are' deemed essential for adequate rodent' ' " ".
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control inside occupied buildings. the Contractor shall obtain approval from the County's Contract
Administrator prior to using rodent poison. All rodent poisons, regardless of packaging, shall be
placed in inaccessible locations and in EPA-approved tamper-resistant bait boxes.
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6.4 Existing insect infestations shall be eliminated and re-infestation prevented within practical limits,
Only the safest and most effective materials shall be used and they shall conform to Federal,
State and Local ordinances and laws.
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6.5 Treatment: Each building and kitchen/food service area shall be serviced as part of an int!=lg~~"Li:. ~,
pest control program that shaJllnclude baitlng and polson .applicatlon as appropriate. In kitchij~; ':::'.' ,
all insecticides will be applied within crack and crevice or spot treatment using a low-preSsurE{~~t~:;. .
pinpoint application to eliminate possibility of food contamination. . . ':.{~.~:
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6.6 If physical defects in the facilities are conducive to contamll1~tlo.l.1 or in.f~~tati.~!1S1 ~e. CO(l..~gti(;Si(::'~ .,..
shall report those .conditl~s on the app!lcable wo~ order, ~p~ ,on ,~Et S~lTlT.~r.Y., ~~~~tP,ta~~' t? ?if}).-,'-, "
the approprl~te DlStrlct.Mamtenanc.e oHIC9. If t~~~~CO~dl.ti9D~ ,~r:~-.~,9~.c9rrect~ Qf.,~n~rt~:ttl~'~~l~';~:::.":
Contractor wIll not be' held responsIble for complete control, of said pe~ts. The, Oontracfor s~if:~~:' '
report any defects or problems that are not corrected in a timely manner to the County's Contr.act, '.
Administrator. ., ':",,',:'.:-: :
7. LEVELS OF SERVICE
The successful contractor will provide integrated pest control services for Seminole County buildings
based on the indlvidual!:1ui)qlng OCCl,Jpant's needs and requirements. To ensure that pest control needs '
are met, three levels of service have been. established for Seminole County buildings., The service levels
are based upon the frequen'cy of basic Insed and rodent control treatment and the need for wood
destroying organism treatment
The specific levels of service to be provided are:
Levell: This level of service will be provided to small buildings. maintenance buildings, offIce buildings.
parks structures or other buildings/structures. These sites may also have kitchen facilitieslbreak'room .' ..
areas/vending machines. Seminole County leased office or warehouse space will also receive Levell
service. "
ReQuired Service: Monthly Insect and Rodent Control
Wood Destroying Organism Control
This service level shall be provided on a monthly treatment basis, and shall include at least the fOllowing:
Monthly Insect and Rodent Control shall include at least the following:
. The Contractor shall adequately control the following pests:
0 Indoor populations of all species of ants, COckroaches, flies, rodents (mIce and rats),
stored product pests, spiders, fleas and millipedes
0 Outdoor populations of the above pests within 5 feet of any building
0 Other Indoor pests that are a nuisance to occupants (e.g., fleas, gnl:its, etc.)
o ,Individual excluded pests that are inci~ent invaders inside buildings
. The Contractor shall use non-pesticide methods of control wherever possible.
. These methods include use of: portable vacuums for initial clean-outs of cockroach infestations,
swarming insects and spiders in webs, and low visibility trapping devices for indoor fly control
other methods that preclude chemicalpesti9ide usage. (Low visibility preclude$use of fly strips, "
hung.in'publicareas;),:",' ,". ..,",." . ." ',;, ' .. .. ._:", ,",', ,';', " ,
. As a general rule, the Contractor shall apply insecticides as "crack and crevice" treatment only
(using an appropriate application tool or noule).Bait formulations should be used for cockroach
and ant control wherever appropriate. Stickylraps should be used to guide and evaluate indoor
insect control effort '
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· The Contractor is responsible for minor applications of caulk, expanding foam, and other sealing ,i' :. .
materials to eliminate harborage or access. '\.'.:'
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· The contractor shall provide rodent control inside occupied buildings. The contractor shall. .: ,',F;:/:':;(
accomplish control primarily with traps. All such devices need to be concealed In a prot~~~,St~~~:;,~:;>>
area so as not to be affected by routine cleaning and other operations. The contra~o~.ls,~:~;j~t~~*~Y:"
responsible for appropriate disposal of all trapped rodent~ and rodent carcasses within ~t;~gN~o/~'?~~~..,.: "
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o In exceptional circumstances, when rodent poisons are deemed essential for adequa~t,' "
rodent control inside occupied buildings, the Contractor shall obtain approval from~e<:~,
County's Contract Administrator prior to using those poisons. All rodent poisons, shall be
placed in inaccessible locations and in EPA-approved tamper-resistant bait boxes.
Frequency of bait box servIcing depends on the Jevel of rodent Infestation. Bait boxes
shall be maintained according to EPA regulations and with an emphasis on protecting
non-target organisms.
o All bait boxes shall be placed out of general view and in locations that will not be -__.__i.,...... .. _,
disturbed by routine operations. The lids of all bait boxes shall be securely locked oC..._ .
fastened. All bait boxes shall be securely attached or anchored to the floor, ground, wall,
or other immovable surface. Bait shall be placed in the baffle-protected feeding chamber
and never in the runway of the box.
Wood Destroying Organism Control shall include at least the following:
· The Contractor shall perform routine Wood Destroying Organism (WDO) infestation prevention
measures to adequately control populations of termites, carpenter ants, and other WOO to .'
preserve facilities. Control of wood destroying pests shall cover Infestations within 10 feet of .
building perimeters to include covered walkways. These services shall be included as part of the
Integrated Pest Control Plan. Remediation services, should they be required due to discovered
WOO infestations during initial inspection are not covered as part of this plan and remediation
shall be priced separately upon request of the County's Contract Administrator. '
· ' The Contractor shall inspect each building annually for WOO; Facilities Maintenance anticipates
that the initial WDO inspections will be completed within 90 days of contract commencement.
The purpose of the inspections is to determine if buildings are infested with WOO and determine
the best control methodology to suppress existing WOO populations and to prevent future
infestations. Access to building spaces will be provided by the County's Contract Administrators.
· The Contractor shall advise the County's Contract Administrator where WOO infestations are
observed, provide recommendations for WDO population suppression, provide recommendations
for structural and/or tandsc~plng modifications to prevent infestations, and total estimated cost for
WOO treatments. These additional treatments are outside the scope of this contract, and will be
competitively bid on a site by site basis. 'Approval would be basecl on review of the proposed
.treatment for the infestation observed, termitlcides proposed, and the expected duration of
treatment effectiveness. The County's Contract Administrator will Issue purchase orders for
treatments that Facilities Maintenance desires.
· As part of the Integrated Pest Control program, routine preventive building treatments shallbe
" , ' , . performedanriuaIlYon'eachhuilding;-'lfroutihe treatments are scheduled throughout 'the 'yea'r; , >.
then the building treatment schedule shall become part of the integrated pest control plan. If all
buildings are to be done at one time, those prevention measures shall be performed within 180
days of contract commencement and during the first quarter of subsequent contract years.
Copies of warranties associated with WOO prevention shall be provided to the County's Contract'
Administrator as those PM measures are applied.
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Level 1\: This level of service will be provided to community centers, correctional facilities, donilitor{':':(/:'::' ,
buildings or any buildings that have operating kitchens or serve a large amount of food on a regular basl~;"'. '
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ReQuIred Service: Twice Monthly Insect and Rodent Control
Wood Destroyi,:\g Organism Control
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This service level will include all services performed under Levell service for Wood Destroying Orga'nlsm
Control, plus twice monthly Insect and Rodent Control services as described In Levell.
8. APPROXIMATE QUANTITIES IN THE CONTRACT:
Basic Period ( Years one through three): ....-... -._-. ... '--" ..-.-.--......-.. ..-.
Levell Service: 591.262 Square Feet . .....
Level II Service: 607.071 Square Feet
9. LOCATIONS OF WORK:
Attachment "C" contains a listing of county buildings, the service level for each building location, and the
square footage of the building. However, since it is anticipated that the total square footage to receive
'pest control services could reach a maximum of 700,000 Square Feet for Levell Service. and 1,300,000
Square Feet of Level II Service, additfonallocation listings will be issued as they become available.
Attachment"C" and these additionallocatlon listings (up to the maximum amount allowed for the first .
three years of the contract) constitute the total contract requIrements.
10.SERVICE REQUIREMENTS:
10.1 The successful contractor shall develop and implement an Integrated pest control plan for
Seminole County Facilities Maintenance within 30 days of contract commencement.
The pest control plan will contain the following elements:
. The plan shall include proposed materials and equipment for service. Actual container labels
and Material Safety Data Sheets (MSDS) for chemical pesticides, brand names of pesticide
application equipment and trapping devices, pest monitoring devices, pest surveillance and
detection equipment, and other pest control used to meet the requirements of this contract
shall be included in thelPC plan.
. The Contractor shall be responsible for the selection of the pesticide and for applying the
pesticide according to label instructions. All pesticides used for fulfilling the terms of this'
.. ... co.n~r,a~~!3,~a.II,:~e;r~gi~Jer~,d,Wit/:ltbeUS Environmental. Protection Agency, (US EPA)~;p; ',,' ,', /,p'
nTrah'ifport,'hi,u1dllng;a:nd use of pesticides shall be in strict accordance with the label
instructions and applicable federal, state and local laws and regulations.
. The Contractor shall adhere to the following rules for pesticide use: When pesticide use is
necessary, the Contractor shall employ the least hazardous material, most precise
application method, and the least amount of pesticide necessary to achieve control. No
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pestIcide application work may start until the County's Contract Administrator approves the
plan.
'!t The Contractor shall receive concurrence from the County's Contract AdminIstrator prior to
implementing any subsequent changes to the approved pest control plan Including additIonal..
or replacement pesticides, and changes in personnel servicing the contract (for.access
control & background check validation).' . , , :'.
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' · Work order request and inspection forms shall be used to advise the Contractor of rolithe, ',>'"c.:.','. '
. ,service requests ~nd to document performance of all work, including emergency work. ',,_ :,,;.'
. The County's Contract Administrator shall continually evaluate the progress of this contract In
terms of effectiveness and safety, and shall require changes within the scope of the contract
as necessary. The Contracto'r shall take prompt action to correct Identified deficiencies. '
10.2 The successful contractor shall conduct a detailed site survey within 45 days of contract
commencement to add necessary detail to their Integrated pest control (IPC) plan. Such det,ails
will include locations for bait stations and IPC service frequencies.
10.3 Within 30 days of contract commencement, th~ successful contractor shall provide MSDS sheets"-'
for all chemicals and begin ,implementation of IPC services. The contractor shall provide written
notification to the County's Contract Administrator that baCkground checks have been completed
on technicians identified to service this contract.
10.4 Within 60 days of contract commencement, the contractor shall finalize the IPC and present three
copies to the County's Contract Administrator for approval and Implementation.
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Within 30 days of contract commencement, the contractor shall coordinate with the County's .'
Contract Administrator for an on-site orientation for the contractor's service technicians that will
be servicing this contract. During this orientation, the technicians will be introduced to key staff in
the buildings.
10.5 EMERGENCY SERVICE. Building occupants may require emergency service. Emergency Services
are identical to routine service calls except if the County's Contract Administrator has determined that
the prOblem cannot wait until the next routine service. Emergency Service shall be called into the
contractor and immediately followed up with a fax copy of the work order stating the emergency service.
The County's Contract Administrator shall provide a list of the individuals authorized to request
Emergency Service within 30 days of contract commencement. Emergency service calls shall be
responded to within five hours of the contrCl:ctor receiving the call and fax.
10.5.1 A "door hanger" must be left at the location to indicate that a technician has responded
to the emergency service call. The "door hanger" will have a Seminole County approved
designated design.
11. CONTROL OF NUISANCE ANIMALS
Responsible contractors are required to control the occasional nuisance animal such as squirrel in attic,
snakes, opossums, raccoons, dogs, birds, etc. The Successful contractor shall include pricing for these
services under Lot~4 as a s~:~arat~H~~i.t~m i~ th.~s contract. ',' , , , ' ", , : :, :,;,;
12. CONTRACT MANAGEMENT
12.1 Alan Mitchell, Project Coordinator or his designee is designated as the County'S Contract
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Administrator for this contract. The Facilities Maintenance staff listed below shall be the Initial :':
point of contact for information and work authorization:
Clndl Tyre (407) 665-5282
Paula Johnson (407) 665-5278
Facilities Fax (407) 665-5285 , :
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12.2 R~ports: The Contractor ~hall provide a written summary report every three (3) months regarding-'
the following pest control activities.' , ':":'
. Pesticide reduction (amounts and number of applications)
. Recommendation for structural, sanitation and other repairs to redUce access,
harborage, food, and water
· Trouble spots eliminated
. Risk reduction aChieved
. Recommendations to change management practices (e.g., policies prohibiting bringing food into
certain areas, etc.) - .. .... ~ .~. - .. . -"" .. .... . '. ... '..
12.3 Coordination Meetings. The County's Contract Administrator (or his designee) shall meet with the
contractor's representatives on a regular basis. The successful contractor shall include In his
cost of doing business, provision for the contractor's contract manager to attend these meetings
every other month to discuss quality of service Issues. A supervisor/manager level IndivIdual 'will
attend this meeting. not solely a service technician.
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12.4 Emergency Service: The County's Contract Administrator, or staff, will determine if a pest control
problem is an "emergency problem". Emergencies shall be handled within five hours (See
. Building List for hours of operation). The Contractor will be notified via phone and fax by the
County's Contract Administrator or staff if emergency service is required.
12.5 It is important that frequent communication occur betWeen the Contractor and the County's
Contract Administrator. Furthermore, it is mandatory that the County's Contract Administrator be
kept informed of Contractor activity in their building(s}. While the use of work orders will go far to
maintain communications, direct communication between contractor personnel and Seminole;
County staff is encouraged.
12.6 The Contractor is responsible lor advising the County's Contract Administrator of any structural,
' sanitary, or procedural modifications thatwould reduce pest food, water, harborage, or access.
The Contractor is not responsible for carrying out structural modifications as part of the pest
control effort.
13. QUALITY CONTROL PROGRAM
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The Contractor shall establish a quality control program to assure that the requirements of this
contract are met, and provide three copies to the County's Contract Administrator. The Quality
control Program is part of the Integrated Pest Control Plan that is due to the County's Contract
Administra~or 30 days Nter,contract,~olTllT}enc.~ment., . ..,
The contractor shall send a supervisor to either accompany or check after the service technician every
other month. That supervisor is required to attend a bf-monthly meeting with the County's Contract
Administrator (see section 12.3). The quality control program shall include an annual records review to
document continued Pest Control certification, continued eligibility to work in Seminole County buildings
(criminal background cheeks, drivers license current, and current proof of insurance, etc.) and other '
internally specified (by contractor) technical quality control measures. Contractor Supervisors or
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'J . '
managers attending the bi-monthly meetings shall bring contractor summary records of work done inthe
previous three months in order to answer any concerns.
The Contractor shall employ the services of a professional entomologist when necessary. The
entomologIst would review the 'quality control program for appropriateness and effectlveness In control
pest populations. No additional charges to Seminole County Facllittes l'Aalntenanc~ shall.apply for this
review. . .
14. PAYMENT .
14.1 Contractor shall forward to Seminole County an invoice at the end of each month
under this agreement to:
Clerk-B.C.C. Finance Division
Post Office Box 8080
Sanford, FL 32n2-0869
.- '" ~ _'__'.' ...... M ,. ... _.._... P"" '.' _ ....
The Invoice. shall be In the amourit'of the monthly payment.. 'hereunder. Seminole CountY... --- -- -.. '. . ,
shall forward payment to Contractor within thirty (30) days of receipt of Contractor's invoice.
14.2 The initial setup of the account(s) i.e., customer assigned account numbers, etc.
cannot be changed if contractor does an internal transfer of account(s).
14.3 Involce Codes: The billing is to be divided Into six separate invoices as Indicated by the Invoice'
Code on Attachment Ye" Each Invoice will be paid out of a different accounting line.
RFP.4164-02JGMG
Page:2S
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Exhibit B
City of Winter Springs
I Facilities Square Footages by Department
McCall Services Pest Control Contract
Square Service Hours of Phone Pre-Call
Facilities Square Footages by Department Feet Level Operation Number Arrangements Annual Cost
Utility Department
Water Plant #1 - 851 Northern Way M-F 8am-5pm yes
Operations/Pump Building 1134 1 $10.00 $120.00
Field Operations Building 1485 1 $10.00 $120.00
Water Plant #2 - 700 Sheoah Blvd. 863 1 M-F 8am-5pm 407-327-2669 yes $10.00 $120.00
Water Plant #3 - 110 W. Bahama Rd. 863 1 M-F 8am-5pm 407-327-2669 yes $10.00 $120.00
East Wastewater Treatment Plant - 1560 Winter Srinqs Blvd. M-F 8am-5pm 407-365-8045
Operations/Electric/Blower Building 2112 1 $20.00 $240.00
Compressor Building 234 1 $10.00 $120.00
High Service Pump Building 400 1 $10.00 $120.00
West Wastewater Treatment Plant - 1000 W. SR 434 M-F 8am-5pm 407-699-0749
Operations Building 1500 1 $10.00 $120.00
Polymer Building 480 1 $10.00 $120.00
General Services Department 407-327-1800
City Hall - 1126 E. SR 434 22150 1 M-F 8am-5pm $60.00 $720.00
Antenna Building 208 $10.00 $120.00
Fire Department
Fire Station #24 - 102 N.Moss Rd. 7880 1 24/7 407-327 -2332 $35.00 $420.00
Fire Station #26 - 850 Northern Way 4884 1 24/7 407-977-2601 $25.00 $300.00
Police Department 407-327 -1000
Public Safety Buildinq - 300 N. Moss Rd. 21700 1 24/7 $60.00 $720.00
Public Works Department 407-327 -2669
Public Works Field Office - 110 N. Flaminqo Ave 1100 1 M-F 8am-5pm $10.00 $120.00
Garage 2408 1 $15.00 $180.00
Breakroom 713 1 $10.00 $120.00
Totals 70114 $325.00 $3,900.00