HomeMy WebLinkAboutPower Exterminators, Inc. - Agreement for Neighborhood Parks Chemical Services - 2015 12 16AGREEMENT FORC UMCALSERVICES
THIS AGREEMENT FOR CHEMICAL SERVICES ( "Agreement ") is made and entered
into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "),
located at 1126 East State Road 434, Winter Springs, Florida 32708, and Power Exterminators, Inc.,
a Florida corporation, authorized to conduct business in Florida ( "Service Provider "), located at 5032
Forsyth Commerce Road, Suite 2, Orlando, FL 32807
WITNESSETH:
WHEREAS, City wishes to obtain Neighborhood Parks Chemical Services on a
continuing basis; and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such Neighborhood Parks Chemical
Services for the City under the terms and conditions stated herein.
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 GENERAL PROVISIONS
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider
agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior
or present agreements or representations shall be binding upon any of the parties hereto unless
incorporated in this Agreement.
1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the
execution of this Agreement and satisfied itself as to the conditions affecting the Services, the
availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance
as set forth herein, and the steps necessary to complete the Services within the time set forth herein.
Service Provider warrants unto the City that it has the competence and abilities to carefully and
faithfully complete the Services within the time set forth herein. Service Provider will perform its
Services with due and reasonable diligence consistent with sound professional practices.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be for a term of twelve (12) months commencing on January 1,
2016 and terminating on December 31, 2016. By mutual agreement of both parties hereto, the term
of this Agreement may be extended for five (5) additional one year terms, provided the City
determines, in its discretion, that Service Provider has adequately performed during the previous
term of this Agreement. In the event this contract is extended, the contract price may be adjusted to
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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 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 Agreement.
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:
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 maintenance
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 Power Exterminators. Inc.. a Florida
Corporation, and its principals, officers, employees, and agents.
CL "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" for the City or his designee, who is to provide the general
administration of the Agreement.
3.0 SCOPE OF SERVICES
3.1 Service Provider shall provide those Neighborhood Parks Chemical Services, for the
City of Winter Springs, as set forth in the Treatment Schedules for the respective City parks, which
Treatment Schedules are attached hereto as Exhibita A -E and fully incorporated herein by this
reference, including the furnishing of all labor, equipment, tools, materials, incidentals and the
performing of all operations necessary as described in the Project Manual for City of Winter Springs.
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
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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 Compensation. For the Services provided pursuant to the Agreement, the City agrees
to pay Service Provider a sum not to exceed SEVENTEEN THOUSAND, EIGHT HUNDRED
AND FOURTEEN Dollars ($17,814.00). If this Agreement is extended, the total annual amount
paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price
Index as set forth in paragraph 2.1 of this Agreement.
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.
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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
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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
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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 fromclaims 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 Agreement 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. In accordance with section 119.0701, Florida Statutes, Service
Provider agrees that all documents, transactions, writings, papers, letters, tapes, photographs,
sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to this Agreement or in
connection with any funds provided by the City pursuant to this Agreement may be considered
public records pursuant to Chapter 119, Florida Statutes. Service Provider agrees to keep and
maintain any and all public records that ordinarily and necessarily would be required by the City
in order to perform the services required by this Agreement. Service Provider also agrees to
provide the public with access to public records on the same terms and conditions that the City
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would provide the records and at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law. Service Provider shall also ensure that public
records that are exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law. In addition, Service Provider shall meet all
requirements for retaining public records and transfer, at no cost, to the City all public records in
possession of the Service Provider upon termination of this Agreement and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the City. If Service Provider does not
comply with a public records request, the City shall have the right to enforce the provisions of
this Paragraph. In the event that Service Provider fails to comply with the provisions of this
Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers
a third party award of attorney's fees and /or damages for violating the provisions of Chapter 119,
Florida Statutes due to Service Provider from Service Provider prevailing party attorney's fees
and costs, and any damages incurred by the City, for enforcing this Paragraph against Service
Provider. And, if applicable, the City shall also be entitled to reimbursement of any and all
attorney's fees and damages which the City was required to pay a third party because of Service
Provider's failure to comply with the provisions of this Paragraph. This Paragraph shall survive
the termination of this Agreement.
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.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.
19.2 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.
19.3 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
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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
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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 parry 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 is 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.
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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:
Power Exterminators, Inc.
5032 Forsyth Commerce Road
Suite 2
Orlando, FL 32807
For Ci
City of Winter Springs
Parks and Recreation
Department 1126 East State
Road
434 Winter Springs, FL 32708
Phone: (407) 327 -6597
Facsimile: (407) 3274763
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
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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 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the
fullest extent pemnitted 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 ail 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.
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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; and
c. Exhibits to this Agreement.
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.
(Signature Page Follows)
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IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their
duly authorized representatives as of the date first written above.
CITY:
CITY OF WINTER SPRINGS,
a Florida municipal corporation.
Ke ' L. Smit
City ManageiV
Date: 12/16/2015
ATTE T:
enzo- Luaces,
Cit,y'Cierk
SERVICE PROVIDER:
POWER EXTERMINATORS, INC.,
a ri a orporatio .
Print Name:
Title:
Date: 1ZIZZ -h5
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EXHIBIT A
-
5032 Forsyth Commerce Rd. Suite # 2
Orlando, FL 32807
Lawn & Shrub Service Agreement
Office:(407)282 -8181 Fax:(407)282 -8186
Serving Florida Customers since 1988 with our passion for excellence.
Regional Manager -Cap Caponi- Mobile -(407) 212 -8520
Property: City of Winter Springs- Moss Park
Billing Information: City of Winter Springs Parks
S. Moss Rd. 2015 -16
1126 E. State Rd 434
Winter Springs, FL 32708
Winter Springs, FL. 32708
Contact: Tina or Greg Phone: Wk- Fax:
Email:
Tree Treatments
Turf Treatments
Service Month Application Description
Cost
Shrub and
Service Month Application Description
Cost
[]January
ry
Insect & Disease Control []Dry Fertilization
$
❑January
®Insect Control ❑Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
E] Broadleaf Weed Control ❑Pre- emergent
E]
®Disease Control ❑Dry Fertilization
[]Insect Growth Regulator
[]February
❑February
$
-
Insect & Disease Control Dry Fertilization
$162
❑March
®Insect Control ❑Horticultural Oil
$
❑ Liquid Fertilization [I Fire Ant Control
®Disease Control []Dry Fertilization
April
[]April
® Broadleaf Weed Control ❑Pre- emergent
❑April
❑Insect Growth Regulator
$
_
® Insect & Disease Control ®Dry Fertilization
$630
[]may
®Insect Control [3 Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
®Disease Control []Dry Fertilization
❑June
® Broadleaf Weed Control ❑Pre- emergent
$
❑June
[]Insect Growth Regulator
$
_
® Insect & Disease Control Wry Fertilization
$162
❑July
®Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
Broadleaf Weed Control ❑Pre - emergent
Dry Fertilization
®Disease Control []Dry
[]Insect Growth Regulator
❑August
$
❑August
$
[]September
p
® Insect & Disease Control []Dry Fertilization
$
[]September
®Insect Control ❑Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
®Disease Control []Dry Fertilization
[]Insect Growth Regulator
-
$162
❑October
$
[]November
® Insect & Disease Control []Dry Fertilization
$
❑November
®Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
®Disease Control []Dry Fertilization
-
® Broadleaf Weed Control []Pre- emergent
$162
❑December
[]Insect Growth Regulator
$
Nematodes & untreatable diseases are excluded from this
Nematodes, Boring Insects & Untreatable diseases
program.
are excluded from this program.
ANNUAL LAWN CARE COST:
Specialized Applications
$1278.00
ANNUAL SHRUB CARE COST:
Specialized Applications
$
® Top Choice Application -1 year Fire Ant Guarantee
INC
[]Palm Fertilization Program
$
❑ Soil Ph Application- Sulfur or Lime
❑ Mauget Tree Injections
❑
❑ Palm Drench Program
Sub -Total
$
Sub -Total
$
Annual Lawn Program Cost
$
Annual Shrub Program Cost
$
COMMENTS:
COMMENTS:
This agreement is for 12 months and maybe terminated with 30 days written notice. This
Pool screen areas will not be fertilized due to potential staining of deck. Fruit bearing
agreement will automatically renewal yearly. Grassy weed control treatments in St.
trees and annual plantings are excluded from this program. Palms
and other trees
Augustine or Bahia turf are no longer allowed by law and will not be preformed. Non-
under 20" will be included with this program. Applications will be billed as rendered
selective treatment programs for grassy weeds in St. Augustine can be developed by your
and payments are due upon receipt. Annual prepay options are
available with
Power Representative. In the event of a collection of this account, client
agrees to pay
discount of %.Total annual prepay w/ Discount- $
reasonable Attorneys fees in addition to balance of service account.
TOTAL •
11
12/16/2015 Cap Capon, -CPO 5274 10/7/2015
torize ure 0 a e Power Lxterminator epresen ative a e
EXHIBIT B
- - —jam
Lawn & Shrub Service Agreement
Serving Florida Customers since 1988 with our passion for excellence.
5032 Forsyth Commerce Rd. Suite # 2
Orlando, FL 32807
Office:(407)282 -8181 Fax:(407)282 -8186
Regional Manager -Cap Caponi- Mobile -(407) 212 -8520
Property: City of Winter Springs- Sunshine Park Billing Information: City of Winter Springs-Urban Beautification Dept
N Ed emon Ave 2015 -16
1126 E. State Rd 434
Winter Springs, FL 32708
Winter Springs, FL. 32708
Contact: Tina or Gre Phone: Wk- Fax:
Turf Treatments
Service Month Application Description Cost
Email:
Shrub and Tree Treatments
Service Month Application Description
Cost
❑January
❑ Insect & Disease Control []Dry Fertilization
❑ Liquid Fertilization ❑Fire Ant Control
[3 Broadleaf Weed Control ❑Pre- emergent
$
❑January
®Insect Control ❑ Horticultural Oil
®Disease Control ❑Dry Fertilization
[]Insect Growth Regulator
$
❑February
$
❑February
$
-
Insect & Disease Control Dry Fertilization
❑ Liquid Fertilization [3 Fire Ant Control
® Broadleaf Weed Control ❑Pre- emergent
$444
®Insect Control ®Horticultural Oil
®Disease Control ®Dry Fertilization
❑Insect Growth Regulator
$50
❑April
$
❑April
$
_
Insect & Disease Control []Dry Fertilization
❑ Liquid Fertilization Wire Ant Control
® Broadleaf Weed Control []Pre- emergent
$1168
®Insect Control [3 Horticultural Oil
®Disease Control ❑Dry Fertilization
®Insect Growth Regulator
$50
❑June
$
[]June
$
_
® Insect & Disease Control ❑Dry Fertilization
❑ Liquid Fertilization ❑Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
$444
®Insect Control ❑ Horticultural Oil
®Disease Control []Dry Fertilization
❑Insect Growth Regulator
$
❑Au g ust
$
®August
$50
❑Se tember
p
® Insect & Disease Control []Dry Fertilization
❑ Liquid Fertilization []Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
$
❑September
®Insect Control ❑Horticultural Oil
®Disease Control ❑Dry Fertilization
®Insect Growth Regulator
$
-
$444
$50
[]November
❑ Insect & Disease Control []Dry Fertilization
❑ Liquid Fertilization []Fire Ant Control
❑ Broadleaf Weed Control ❑Pre- emergent
$
[]November
®Insect Control [I Horticultural Oil
®Disease Control ❑Dry Fertilization
❑Insect Growth Regulator
$
-
$444
❑December
$
Nematodes & untreatable diseases are excluded from this
program,
Nematodes, Boring Insects & Untreatable diseases
are excluded from this proaram.
ANNUAL LAWN CARE COST: 1 $2944.00
Specialized Applications
® Top Choice Application -1 year Fire Ant Guarantee INC
ANNUAL SHRUB CARE COST:
Specialized Applications
[]Palm Fertilization Program
$200.00
$
❑ Soil Ph Application- Sulfur or Lime
❑ Mauget Tree Injections
❑
❑ Palm Drench Program
Sub -Total
$
Sub -Total
$
Annual Lawn Program Cost
$
Annual Shrub Program Cost
$
COMMENTS:
COMMENTS:
This agreement is for 12 months and maybe terminated with 30 days written notice. This
agreement will automatically renewal yearly. Grassy weed control treatments in St.
Augustine or Bahia turf are no longer allowed by law and will not be preformed. Non-
selective treatment programs for grassy weeds in St. Augustine can be developed by your
Power Representative. In the event of a collection of this account, client agrees to pay
reasonable Attorneys fees in addition to balance of service account.
Pool screen areas will not be fertilized due to potential staining of deck. Fruit bearing
trees and annual plantings are excluded from this program. Palms and other trees
under 20" will be included with this program. Applications will be billed as rendered
and payments are due upon receipt. Annual prepay options are available with
discount of %.Total annual prepay w/ Discount- $
TOTAL • 11
�/�12/16/2015 Cap Caponi tai /zots
.,Autnorizea poature vate Power Exterminator epresen ative a e
EXHIBIT C
khm - - -���
5032 Forsyth Commerce Rd. Suite # 2
Orlando, FL 32807
Lawn $ Shrub Service Agreement
Office :(407)282 -8181 Fax:(407)282 -8186
Serving Florida Customers since 1988 with our passion for excellence.
Regional Manager -Cap Caponi- Mobile -(407) 212 -8520
Property: City of Winter Springs- Torcaso Park Billing Information: City of Winter Springs Parks
N. Moss Rd. 2015 -16
1126 E. State Rd 434
Winter Springs, FL 32708
Winter Springs, FL. 32708
Contact: Tina or Greq Phone: Wk- Fax:
Email:
Treatments
Turf Treatments
Service Month Application Description Cost
Shrub and Tree
Service Month Application Description
Cost
❑Janus ry
❑ Insect & Disease Control []Dry Fertilization
$
[]January
®Insect Control ❑Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
❑ Broadleaf Weed Control ❑Pre - emergent
®Disease Control ❑Dry Fertilization
[]Insect Growth Regulator
❑February
$
❑February
$
-
Insect & Disease Control Dry Fertilization
$336
❑March
®Insect Control [3 Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
®Disease Control ❑Dry Fertilization
April
[]April
® Broadleaf Weed Control []Pre- emergent
[]April
[Insect Growth Regulator
$
_
® Insect & Disease Control ®Dry Fertilization
$812
❑May
®Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
®Disease Control ❑Dry Fertilization
❑June
® Broadleaf Weed Control []Pre- emergent
$
❑June
[]Insect Growth Regulator
$
_
® Insect & Disease Control ®Dry Fertilization
$336
❑July
®Insect Control ❑Horticultural Oil
$
[I Liquid Fertilization []Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
®isease Control Dry Fertilization
D []Dry
[]Insect Growth Regulator
Au
[]August
❑ g
$
❑August
$
[]September
p
® Insect & Disease Control []Dry Fertilization
$
❑September
®Insect Control ❑Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
®Disease Control []Dry Fertilization
❑Insect Growth Regulator
-
$336
❑October
$
[]November
® Insect & Disease Control []Dry Fertilization
$
❑November
®Insect Control ❑Horticultural Oil
$
[3 Liquid Fertilization ❑Fire Ant Control
®Disease Control ❑Dry Fertilization
-
® Broadleaf Weed Control []Pre- emergent
$336
❑December
[]Insect Growth Regulator
$
Nematodes & untreatable diseases are excluded from this
Nematodes, Boring Insects & Untreatable diseases
program.
are excluded from this program.
ANNUAL LAWN CARE COST:
Specialized Applications
$2156.00
ANNUAL SHRUB CARE COST:
Specialized Applications
$
® Top Choice Application -1 year Fire Ant Guarantee
INC
[]Palm Fertilization Program
$
❑ Soil Ph Application- Sulfur or Lime
❑ Mauget Tree Injections
❑
❑ Palm Drench Program
Sub -Total
$
Sub -Total
$
Annual Lawn Program Cost
$
Annual Shrub Program Cost
$
COMMENTS:
COMMENTS:
This agreement is for 12 months and maybe terminated with 30 days written notice. This
Pool screen areas will not be fertilized due to potential staining of deck. Fruit bearing
agreement will automatically renewal yearly. Grassy weed control treatments in St.
trees and annual plantings are excluded from this program. Palms and other trees
Augustine or Bahia turf are no longer allowed by law and will not be preformed. Non-
under 20" will be included with this program. Applications will be billed as rendered
selective treatment programs for grassy weeds in St. Augustine can be developed by your
and payments are due upon receipt. Annual prepay options are
available with
Power Representative. In the event of a collection of this account, client agrees to pay
discount of %.Total annual prepay w/ Discount- $
reasonable Attorneys fees in addition to balance of service account.
TOTAL •
$2156.00
12/16/2015 Cap Capon;. -CPO 5274 10/7/2015
Authorize a ure Date Power Exterminator Representative a e
EXHIBIT D
12/16/2015 Cap Caponi -CPO 5274 10/7/2015
AUthoripaSignature a e Power Exterminator Representative uate
5032 Forsyth Commerce Rd. Suite # 2
Orlando, FL 32807
Lawn & Shrub Service Agreement
Office:(407)282 -8181 Fax :(407)282 -8186
Serving Florida Customers since 1988 with our passion for excellence.
Regional Manager -Cap Caponi- Mobile -(407) 212 -8520
Property: City of Winter Springs- Trotwood Park Billing Information: City of Winter Springs Parks
Trotwood Blvd 2015 -16
1126 E. State Rd 434
Winter Springs, FL 32708
Winter Springs, FL. 32708
Contact: Tina or
Greg Phone: Wk- Fax:
Email:
Tree Treatments
Service Month
Turf Treatments
Application Description Cost
Shrub and
Service Month Application Description
Cost
❑January
❑ Insect & Disease Control ❑Dry Fertilization
$
❑January
®Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
❑ Broadleaf Weed Control []Pre- emergent
®Disease Control ❑Dry Fertilization
[]Insect Growth Regulator
❑February
$
❑February
$
-
Insect & Disease Control Dry Fertilization
❑ Liquid Fertilization ❑Fire Ant Control
® Broadleaf Weed Control ❑Pre- emergent
$1184
[]March
®Insect Control [3 Horticultural Oil
®Disease Control []Dry Fertilization
❑Insect Growth Regulator
$
[]April
$
❑April
$
_
Insect & Disease Control C9Dry Fertilization
$3792
[]May
®Insect Control ❑Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
®isease Control Dry Fertilization
D []Dry
❑Insect Growth Regulator
$
❑ June
$
_
® Insect & Disease Control ®Dry Fertilization
$1184
[]July
IN Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
®Disease Control ❑Dry Fertilization
[]Insect Growth Regulator
❑August
$
❑August
$
❑September
® Insect & Disease Control ❑Dry Fertilization
$
[]September
I@ Insect Control [] Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
® Broadleaf Weed Control []Pre- emergent
®Disease Control []Dry Fertilization
[]Insect Growth Regulator
-
$1184
❑October
$
[]November
® Insect & Disease Control []Dry Fertilization
$
❑November
®Insect Control ❑Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
®Disease Control ❑Dry Fertilization
-
® Broadleaf Weed Control []Pre- emergent
$1184
❑December
[]Insect Growth Regulator
$
Nematodes & untreatable diseases are excluded from this
Nematodes, Boring Insects & Untreatable diseases
program.
are excluded from this program.
ANNUAL LAWN CARE COST: $8528.00
Specialized Applications
ANNUAL SHRUB CARE COST:
Specialized Applications
$
® Top Choice Application -1 year Fire Ant Guarantee INC
❑Palm Fertilization Program
$
❑ Soil Ph Application- Sulfur or Lime
❑ Mauget Tree Injections
❑
❑ Palm Drench Program
Sub -Total
$
Sub -Total
$
Annual Lawn Program Cost
$
Annual Shrub Program Cost 1
$
COMMENTS:
COMMENTS:
This agreement is for 12 months and maybe terminated with 30 days written notice. This
Pool screen areas will not be fertilized due to potential staining of deck. Fruit bearing
agreement will automatically renewal yearly. Grassy weed control treatments in St.
trees and annual plantings are excluded from this program. Palms and other trees
Augustine or Bahia turf are no longer allowed by law and will not be preformed. Non-
under 20" will be included with this program. Applications will be billed as rendered
selective treatment programs for grassy weeds in St. Augustine can be developed by your
and payments are due upon receipt. Annual prepay options are
available with
Power Representative. In the event of a collection of this account, client agrees to pay
discount of %.Total annual prepay w/ Discount- $
reasonable Attorneys fees in addition to balance of service account.
TOTAL •
$8528.00
12/16/2015 Cap Caponi -CPO 5274 10/7/2015
AUthoripaSignature a e Power Exterminator Representative uate
EXHIBIT E
law - - S\
5032 Forsyth Commerce Rd. Suite # 2
Orlando, FL 32807
Lawn & Shrub Service Agreement
Office:(407)282 -8181 Fax:(407)282 -8186
Serving Florida Customers since 1988 with our passion for excellence.
Regional Manager -Cap Caponi- Mobile -(407) 212 -8520
Property: City of Winter Springs- Sam Smith Park Billing Information: City of Winter Springs Parks
Winter Springs Blvd 2015 -16
1126 E. State Rd 434
Winter Springs, FL 32708
Winter Springs, FL. 32708
Contact: Tina or Greg Phone: Wk- Fax:
Email:
Treatments
Turf Treatments
Service Month Application Description Cost
Shrub and Tree
Service Month Application Description
Cost
[]January
❑ Insect & Disease Control ❑Dry Fertilization
$
[]January
®Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization [I Fire Ant Control
[3 Broadleaf Weed Control []Pre- emergent
®Disease Control ❑Dry Fertilization
[]Insect Growth Regulator
❑February
$
[]February
$
❑March
0 Insect & Disease Control Dry Fertilization
❑ Liquid Fertilization []Fire Ant Control
❑ Broadleaf Weed Control ❑Pre- emergent
$
❑March
®Insect Control ❑ Horticultural Oil
®Disease Control ❑Dry Fertilization
❑Insect Growth Regulator
$
[:]April
P ryl
[]April
$
_
❑ Insect & Disease Control []Dry Fertilization
$2708
❑May
®Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
®Disease Control ❑Dry Fertilization
❑June
[I Broad leaf Weed Control ❑Pre- emergent
$
❑June
[]insect Growth Regulator
$
[]July
❑ Insect & Disease Control []Dry Fertilization
$
❑July
®Insect Control ❑Horticultural Oil
$
[I Liquid Fertilization []Fire Ant Control
❑ Broadleaf Weed Control ❑Pre - emergent
®Disease Control ❑Dry Fertilization
❑Insect Growth Regulator
[]August
g
$
[]August
$
[]September
❑ Insect & Disease Control []Dry Fertilization
$
❑September
®Insect Control ❑ Horticultural Oil
$
❑ Liquid Fertilization []Fire Ant Control
®Disease Control []Dry Fertilization
❑October
❑ Broadleaf Weed Control []Pre- emergent
$
[]October
❑Insect Growth Regulator
$
[]November
❑ Insect & Disease Control ❑Dry Fertilization
$
[]November
®Insect Control Horticultural Oil
$
❑ Liquid Fertilization ❑Fire Ant Control
®Disease Control []Dry Fertilization
[]December
El Broadleaf Weed Control []Pre- emergent
$
[]December
[]Insect Growth Regulator
$
Nematodes & untreatable diseases are excluded from this
Nematodes, Boring Insects & Untreatable diseases
program.
are excluded from this r ram.
ANNUAL LAWN CARE COST: $2708.00
Specialized Applications
ANNUAL SHRUB CARE COST:
Specialized Applications
$
® Top Choice Application -1 year Fire Ant Guarantee INC
[]Palm Fertilization Program
$
❑ Soil Ph Application- Sulfur or Lime
❑ Mauget Tree Injections
❑
❑ Palm Drench Program
Sub -Total
$
Sub -Total
$
Annual Lawn Program Cost
$
Annual Shrub Program Cost
$
COMMENTS:
COMMENTS:
This agreement is for 12 months and maybe terminated with 30 days written notice. This
Pool screen areas will not be fertilized due to potential staining of deck. Fruit bearing
agreement will automatically renewal yearly. Grassy weed control treatments in St.
trees and annual plantings are excluded from this program. Palms and other trees
Augustine or Bahia turf are no longer allowed by law and will not be preformed. Non-
under 20" will be included with this program. Applications will be billed as rendered
selective treatment programs for grassy weeds in St. Augustine can be developed by your
and payments are due upon receipt. Annual prepay options are
available with
Power Representative. In the event of a collection of this account, client agrees to pay
discount of %.Total annual prepay w/ Discount- $
reasonable Attorneys fees in addition to balance of service account.
TOTAL •
$2708.00
12/16/2015
u orize a ure a e
Cap Caponi -CPO 5274 10/7/2015
ower x ermina or epresen ative a e