HomeMy WebLinkAbout2024 Agreement24-10-ITB, Citywide Pest Control Services (Rebid) Page 1 of 22
CITY OF SEBASTIAN AGREEMENT FOR
PEST CONTROL SERVICES WITH
POWER EXTERMINATORS, INC. DBA POWER X
THIS AGREEMENT made and entered into the 12th day of June, 2024 by and between the City
of Sebastian, Florida, whose address is 1225 Main Street, Sebastian, FL 32958, a municipal
corporation of the State of Florida, hereinafter referred to as the "City" and Power
Exterminators, Inc. dba POWERX (FEIN: 65-0388075), whose principal and local address is
8815 SW 129th Street, Miami, FL 33176, hereinafter referred to as to as the “Contractor”. The
City and the Contractor are collectively referred to herein as the “Parties.”
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the bid
specifications outlined in the Invitation to Bid 24-10-ITB, Citywide Pest Control Services (Rebid);
and
WHEREAS, the City desires to retain the Contractor to provide pest control services, as
subsequently specifically set out in purchase orders to be issued under this agreement; and
WHEREAS, the City desires to employ the Contractor to support the activities, programs
and projects of the City upon the terms and conditions hereinafter set forth, and the Contractor is
desirous of performing and providing such goods/services upon said terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is competent
and otherwise able to provide professional services to the City; and
WHEREAS, all City promulgated bid documents pertaining to 24-10-ITB, Citywide Pest
Control Services (Rebid) and all submissions by the Contractor (including the bid proposal and
proposal clarifications) are incorporated herein to the extent not inconsistent with the terms and
conditions as set forth herein; and
WHEREAS, the City desires to retain the Contractor to provide all labor, materials,
equipment, facilities and services in accordance with, but not limited to, the guidelines in the scope
of work; and
WHEREAS, the City desires to use the expertise and knowledge of the Contractor; and
WHEREAS, the Contractor recognizes the importance to the public of strict adherence to
all laws, rules and regulations with particular regard to safety procedure and processes.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, it is agreed by and between the parties hereto as follows:
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SECTION 1: GENERAL PROVISIONS
1.1 The term "Contractor" as used in this agreement is hereby defined herein as that person or
entity, including employees, servants, partners, principals, agents and assignees providing
services under this agreement.
1.2 The Contractor acknowledges that the City may retain other service providers to provide
the same services for City projects. The Contractor acknowledges that the City, at the City's
option, may request proposals from the Contractor and the service providers for City
projects. The City reserves the right to select which service providers shall provide services
for the City’s projects.
1.3 This agreement is for pest control services, as set forth herein and as otherwise directed by
the City to include all labor and materials that may be required.
1.4 The recitals above are true and correct and form and constitute a material part of this
agreement upon which the parties have relied.
1.5 Each party hereto represents to the other that it has undertaken all necessary actions to
execute this agreement, and that it has the legal authority to enter into this agreement and
to undertake all obligations imposed on it. The person(s) executing this agreement for the
Contractor certify that they are authorized to bind the Contractor fully to the terms of this
agreement.
1.6 Time is of the essence of the lawful performance of the duties and obligations contained in
this agreement to include, but not be limited to, each purchase order. The parties covenant
and agree that they shall diligently and expeditiously pursue their respective obligations
set forth in this agreement and each purchase order.
1.7 When the term “law” is used herein, said phrase shall include statutes, codes, rule and
regulations of whatsoever type or nature enacted or adopted by a governmental entity of
competent jurisdiction.
1.8 The Contractor hereby guarantees the City that all work and all material, supplies, services
and equipment as listed on a Purchase Order meet the requirements, specifications and
standards as provided for under the Federal Occupations Safety and Health Act of 1970,
from time to time amended and in force on the date hereof.
1.9 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 (including, but not limited to, its officers, employees, and
agents) the agent, representative, or employee of the City 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.
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1.10 Persons employed by the Contractor in the provision and performance of the goods and/or
services and functions pursuant to this agreement shall have no claim to pension, workers’
compensation, unemployment compensation, civil service or other employee rights or
privileges granted to the City’s officers and employees either by operation of law or by the
City.
1.11 No claim for goods and/or services furnished by the Contractor not specifically provided
for herein or in a purchase order shall be honored by the City.
SECTION 2: SCOPE OF SERVICES
2.1 The Contractor shall safely, diligently and in a professional and timely manner perform,
with its own equipment and assets, and provide goods and/or services included in each
subsequently entered purchase order. Unless modified in writing by the parties hereto, the
duties of the Contractor shall not be construed to exceed the provision of the goods and/or
services pertaining to this agreement.
2.2 The Contractor shall provide the goods and/or services as generally set forth and described
in Exhibit “A” to this agreement and specifically detailed in various purchase orders as
may be issued from time-to-time by the City.
SECTION 3: PURCHASE ORDERS
3.1 The provision of services to be performed under the provisions of this agreement shall be
commenced as set forth in the City’s bid/procurement documents upon the execution of
this agreement and a purchase order issued on a form provided by the City hereunder
commencing the provision of goods and services. Additional services to be performed by
the Contractor to the City, shall be authorized in a written change order issued by the City
on a form provided by the City. Purchase orders executed by the City shall include a
detailed description of quantities, services and a completion schedule. The Contractor shall
review purchase orders and notify the City in writing of asserted inadequacies for the City’s
correction, if warranted. In every case, if work is completed by the Contractor without
authorization by a purchase/work order or a change order, the City is not obligated to
compensate the Contractor for the unauthorized work.
3.2 The Contractor shall perform all services required by the purchase order but, in no event,
shall the Contractor be paid more than the negotiated Fixed Fee amount stated therein.
3.3 The Contractor may invoice the amount due based on the percentage of total services
actually performed 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.
3.4 Payments shall be made by the City to the Contractor when requested as work progresses
for services furnished, but not more than once monthly. Each purchase order shall be
invoiced separately. The Contractor shall render to the City, at the close of each calendar
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month, an itemized invoice properly dated, describing any services rendered, the cost of
the services, the name and address of the Contractor, purchase order number, contract
number and all other information required by this agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED
4.1 Execution of this agreement by the Contractor is a representation that the Contractor is
familiar with the services to be performed and with local conditions. The Contractor shall
make no claim for additional time or money based upon its failure to comply with this
agreement. The Contractor has informed the City, and hereby represents to the City, that it
has extensive experience in performing and providing the services and/or goods described
in this agreement and to be identified in the purchase orders, and that it is well acquainted
with the work conditions and the components that are properly and customarily included
within such projects and the requirements of laws, ordinance, rules, regulations or orders
of any public authority or licensing entity having jurisdiction over the City's projects.
Execution of a purchase order shall be an affirmative and irrefutable representation by the
Contractor to the City that the Contractor is fully familiar with any and all requisite work
conditions of the provisions of the goods and/or services.
SECTION 5: CHANGE ORDERS
5.1 The City may revise the scope of services set forth in any particular purchase order.
5.2 Revisions to any purchase order shall be authorized in writing by the City as a change
order. Each change order shall include a schedule of completion for the services authorized.
Change orders shall identify this agreement and the appropriate purchase order number.
Change orders may contain additional instructions or provisions specific upon certain
aspects of this agreement pertinent to the services to be provided. Such supplemental
instructions or provisions shall not be construed as a modification of this agreement. An
agreement between the parties on and execution of any change order shall constitute a final
settlement and a full accord and satisfaction of all matters relating to the change and to the
impact of the change on unchanged goods and/or work, including all direct and indirect
costs of whatever nature, and all adjustments to the Contractor’s schedule.
SECTION 6: CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall be responsible for the professional quality, accepted standards,
technical accuracy, neatness of appearance of employees, employee conduct, safety, and
the coordination of all goods and/or services furnished by the Contractor under this
agreement as well as the conduct of its staff, personnel, employees and agents. The
Contractor shall provide to the City a list of employee working days, times and assignments
within two (2) hours of the City’s request for such information and the City may request
and the Contractor shall provide employee addresses and drivers’ licenses. All Contractor
employees shall at all times when performing work wear identification badges which, at a
minimum, provides the name of the employee and the Contractor. The Contractor shall
work closely with the City on all aspects of the provision of the goods and/or services.
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With respect to services, the Contractor shall be responsible for the professional quality,
technical accuracy, competence, methodology, accuracy and the coordination of all of the
following which are listed for illustration purposes only and not as a limitation: documents,
analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other
services of whatever type or nature furnished by the Contractor under this agreement. The
Contractor shall, without additional compensation, correct or revise any errors or
deficiencies in its plans, analysis, data, reports, designs, drawings, specifications, and any
and all other services of whatever type or nature. The Contractor’s submissions in response
to the subject bid or procurement processes are incorporated herein by this reference
thereto.
6.2 Neither the City’s review, approval or acceptance of, nor payment for, any of the goods
and/or services required shall be construed to operate as a waiver of any rights under this
agreement or of any cause of action arising out of the performance of this agreement and
the Contractor shall be and remain liable to the City in accordance with applicable law for
all damages to the City caused by the Contractor’s negligent or improper performance or
failure to perform any of the goods and/or services furnished under this agreement.
6.3 The rights and remedies of the City, provided for under this agreement, are in addition to
any other rights and remedies provided by law.
6.4 Time is of the essence in the performance of all goods and/or services provided by the
Contractor under the terms of this agreement and each and every purchase order.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES
7.1 The City shall reasonably cooperate with the Contractor in a timely fashion at no cost to
the Contractor as set forth in this Section.
7.2 The City shall furnish a City project manager, to administer, review and coordinate the
provision of services under purchase orders.
7.3 The City shall make City personnel available where, in the City’s opinion, they are required
and necessary to assist the Contractor. The availability and necessity of said personnel to
assist the Contractor shall be determined solely at the discretion of the City.
7.4 The City shall examine all of the Contractor's services and indicate the City's approval or
disapproval within a reasonable time so as not to materially delay the provisions of services
of the Contractor.
7.5 The City shall transmit instructions, relevant information, and provide interpretation and
definition of City policies and decisions with respect to any and all materials and other
matters pertinent to the services covered by this agreement.
7.6 The City shall give written notice to the Contractor whenever the City's designated
representative knows of a development that affects the goods and/or services provided and
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performed under this agreement, timing of the Contractor’s provision of goods and/or
services, or a defect or change necessary in the goods and/or services of the Contractor.
7.7 The rights and remedies of the City provided for under this agreement are in addition to
any other rights and remedies provided by law. The City may assert its right of recovery
by any appropriate means including, but not limited to, set-off, suit, withholding,
recoupment, or counterclaim, either during or after performance of this agreement as well
as the adjustment of payments made to the Contractor based upon the quality of work of
the Contractor.
7.8 The City shall be entitled to recover any and all legal costs including, but not limited to,
attorney fees and other legal costs that it may incur in any legal actions it may pursue in
the enforcement of the terms and conditions of this agreement or the responsibilities of the
Contractor in carrying out the duties and responsibilities deriving from this agreement.
7.9 The failure of the City to insist in any instance upon the strict performance of any provision
of this agreement, or to exercise any right or privilege granted to the City hereunder shall
not constitute or be construed as a waiver of any such provision or right and the same shall
continue in force.
7.10 Neither the City’s review, approval or acceptance of, nor payment for, any of the goods
and/or services required shall be construed to operate as a waiver of any rights under this
agreement nor or any cause of action arising out of the performance of this agreement and
the Contractor shall be and always remain liable to the City in accordance with applicable
law for any and all damages to the City or the public caused by the Contractor’s negligent
or wrongful provision or performance of any of the goods and/or services furnished under
this agreement.
7.11 All deliverable analysis, reference data, survey data, plans and reports or any other form of
written instrument or document that may result from the Contractor’s services or have been
created during the course of the Contractor’s performance under this agreement shall
become the property of the City after final payment is made to the Contractor.
SECTION 8: COMPENSATION
8.1 Compensation for performance of work in accordance with Exhibit A, subject to additions
and deletions by change order as provided for in this agreement, the sum, not to exceed
FOUR THOUSAND FOUR HUNDRED FORTY DOLLARS AND ZERO CENTS
($4,440.00)
8.2 Compensation to the Contractor shall be as set forth in the purchase order which assigns
services to be accomplished by the Contractor.
8.3 The Contractor shall be paid in accordance with the charges as set forth in Exhibit “B”
attached hereto.
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8.4 There are no reimbursable expenses to be paid to the Contractor except as specifically set
forth herein.
SECTION 9: INVOICE PROCESS
9.1 Invoices, which are in an acceptable form to the City and without disputable items, which
are received by the City, will be processed for payment within thirty (30) days of receipt
by the City.
9.2 The Contractor will be notified of any disputable items contained in invoices submitted by
the Contractor within fifteen (15) days of receipt by the City with an explanation of the
deficiencies.
9.3 The City and the Contractor will make every effort to resolve all disputable items contained
in the Contractor’s invoices.
9.4 Each invoice shall reference this agreement, the appropriate purchase order and Change
Order if applicable, and billing period.
9.5 The Florida Prompt Payment Act shall apply when applicable. A billing period represents
the dates in which the Contractor completed goods and/or services referenced in an invoice.
9.6 Invoices are to be forwarded directly to:
Finance Department
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT
10.1 The Contractor shall commence the provision of services as described in this agreement
upon execution of this agreement and a purchase order issued by the City.
10.2 The Contractor and the City agree to make every effort to adhere to the schedules required
by the City or as established for the various purchase orders as described in each purchase
order. However, if the Contractor is delayed at any time in the provision of goods and/or
services by any act or omission of the City, or of any employee, tumult of the City, or by
any other Contractor employed by the City, or by changes ordered by the City, or by strikes,
lock outs, fire, unusual delay in transportation, pandemic, terrorism, unavoidable
casualties, or any other causes of force majeure not resulting from the inactions or actions
of the Contractor and beyond the Contractor’s control which would not reasonably be
expected to occur in connection with or during performance or provision of the goods
and/or services, or by delay authorized by the City pending a decision, or by any cause
which the City shall decide to justify the delay, the time of completion shall be extended
for such reasonable time as the City may decide in its sole and absolute discretion. It is
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further expressly understood and agreed that the Contractor shall not be entitled to any
damages or compensation, or be reimbursed for any losses on account of any delay or
delays resulting from any of the aforesaid causes or any other cause whatsoever.
SECTION 11: TERM/LENGTH OF AGREEMENT
11.1 The initial term of this agreement shall be for a period of 24 months (2 years), with two (2)
subsequent twelve (12) month renewal terms.
11.2 The City has the right to extend any contract for the period necessary for the Contractor to
complete their contractual obligations, and/or release, award, and implement a replacement
agreement. Such extension shall be based upon the same prices, terms, and conditions
outlined in this contract.
SECTION 12: DESIGNATED REPRESENTATIVES
12.1 The City designates the City Manager or their designated representative, to represent the
City in all matters pertaining to and arising from the work and the performance of this
agreement.
12.2 The City Manager, or his/her designated representative, shall have the following
responsibilities:
12.3 Examination of all work and rendering, in writing, decisions indicating the City's approval
or disapproval within a reasonable time so as not to materially delay the work of the
Contractor;
12.4 Transmission of instructions, receipt of information, and interpretation and definition of
City's policies and decisions with respect to design, materials, and other matters pertinent
to the work covered by this agreement;
12.5 Giving prompt written notice to the Contractor whenever the City official representative
knows of a defect or change necessary in the project; and
12.6 Coordinating and managing the Contractor’s preparation of any necessary applications to
governmental bodies, to arrange for submission of such applications.
12.7 Until further notice from the City Manager the designated representative for this agreement
is with respect to this section of the Agreement:
Jim Testa
City of Sebastian
1225 Main Street
Sebastian, FL 32958
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(d) The Contractor’s designated representative is:
Hector Mora, Central Division Manager
PowerX
8815 SW 129th Street
Miami, FL 33176
SECTION 13: TERMINATION FOR CAUSE OR CONVENIENCE
13.1 Notwithstanding any other provision of this agreement, the City shall have the right at any
time to terminate this agreement in its entirely with or without cause as outlined below.
13.2 If Contractor is found to have failed to perform services in a manner satisfactory to the
City, the Contractor shall have seven (7) days to correct deficiencies.
13.3 Failure of the Contractor to remedy said specified deficiencies within seven (7) days of
receipt of such notice, shall result in the termination of the agreement, and the City shall
be relieved of any and all responsibilities and liabilities under the terms and provisions of
the agreement. Upon receipt of notice of termination, Contractor shall promptly
discontinue the provision of all services, unless the notice provides otherwise.
13.4 The City shall have the right to terminate this agreement without cause with a thirty (30)
day written notice to the Contractor. Notice shall be served to the parties as specified in the
agreement.
13.5 In the event that this agreement is terminated, the City shall identify any specific purchase
order(s) being terminated and the specific purchase order(s) to be continued to completion
pursuant to the provisions of this agreement.
13.6 This agreement will remain in full force and effect as to all authorized purchase order(s)
that are to be continued to completion in (d) above.
13.7 In the event that after the City’s termination for cause for failure of the Contractor to fulfill
its obligations under this agreement it is found that the Contractor has not so failed, the
termination shall be deemed to have been for convenience and without cause.
SECTION 14: PAYMENT IN THE EVENT OF TERMINATION
14.1 In the event this agreement or any purchase order is terminated or canceled prior to final
completion without cause, payment for the unpaid portion of the satisfactory, undisputed
services provided by the Contractor prior to the date of termination.
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SECTION 15: EQUAL OPPORTUNITY EMPLOYMENT
15.1 Contractor shall not discriminate on the basis of race, color, sex, age, national origin,
religion, and disability or handicap in accordance with the provisions of: Title VI of the
Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of
1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), Title
41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23
and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of
1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination
on the basis of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42
U.S.C. 12102, et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et seq.), and
any other federal and state discrimination statutes. Contractor shall furnish pertinent
information regarding its employment policies and practices as well as those of their
proposed subcontractors City may require. The above shall be required of any sub-
Contractor hired by Contractor. All equal employment opportunity requirements shall be
included in all non exempt subcontracts entered into by Contractor. Subcontracts entered
into by Contractor shall also include all other applicable labor provisions. No subcontract
shall be awarded to any noncomplying subcontractor. Additionally, Contractor shall insert
in its subcontracts a clause requiring subcontractors to include these provisions in any
lower tier subcontracts that may in turn be made. Contractor shall comply with all state
laws and local ordinances.
SECTION 16: INDEMNIFICATION
16.1 The Contractor and its subcontractors (if applicable) shall indemnify, defend and hold
harmless the City, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or its
subcontractors and other persons employed or utilized by the consultant or its
subcontractors in the performance of the contract; regardless of the negligence of the
indemnitee or its officers, directors, agents, or employees. However, such indemnification
shall not include claims of, or damages resulting from, gross negligence, or willful, wanton
or intentional misconduct of the indemnitee or its officers, directors, agents or employees.
Upon request of the City, the consultant or its subcontractors shall, at no cost or expense
to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss,
damage or liability specified above, and consultant or its subcontractors shall pay any cost
and reasonable attorneys’ fees that may be incurred by the City in connection with any
such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement
shall be construed as the City waiving its sovereign immunity pursuant to Florida Statute
§768.28, or any other sovereign or governmental immunity nor an admission of any
liability. This provision shall survive termination of this agreement.
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SECTION 17: INSURANCE
17.1 The Contractor shall obtain or possess and continuously maintain the following insurance
coverage, from a company or companies, with a Best Rating of A- or better, authorized to
do business in the State of Florida and in a form acceptable to the City and with only such
terms and conditions as may be acceptable to the City.
17.2 The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
17.3 Minimum coverage with limits and provisions are as follows:
17.4 Comprehensive General Liability: The Contractor shall provide minimum limits of
$1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for
bodily injury and property damage liability. This shall include premises/operations,
personal & advertising injury, products, completed operations, contractual liability,
specifically confirming and ensuring the indemnification and hold harmless clause of the
contract. This policy of insurance shall be considered primary to and not contributing with
any insurance maintained by the City and shall name the City as an additional insured with
waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall
be written on an “occurrence” form.
17.5 Comprehensive Automobile Liability: The Contractor shall provide minimum limits of
liability of $1,000,000.00 each accident, combined single limit for bodily injury and
property damage. This shall include coverage for:
• Owned Automobiles
• Hired Automobiles
• Non-Owned Automobiles
17.6 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with
limits of no less than $1,000,000.00 excess of Comprehensive General Liability,
Automobile Liability and Employers’ Liability. **This coverage is optional if the
CONTRACTOR carries $2,000,000 Commercial General Liability Insurance with a
$2,000,000 general aggregate**
17.7 Workers' Compensation: The Contractor shall provide and maintain workers’
compensation insurance for all employees in the full amount required by statute and full
compliance with the applicable laws of the State of Florida (Florida Statutes Chapter 440).
Exemption certificates to this requirement are not acceptable. The policy(ies) must include
Employer’s Liability with minimum limits of $1,000,000 each accident and a waiver of
subrogation.
17.8 Pollution Liability: The Contractor shall provide and maintain pollution liability
Insurance covering Contractor’s or appropriate subcontractor’s liability for bodily injury,
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property damage and environmental damage resulting from sudden accidental and gradual
pollution and related cleanup costs incurred by Contractor, all arising out of the Goods
delivered or Services (including transportation risk) performed under this Contract is
required. Combined single limit per occurrence shall not be less than $500,000 (five
hundred thousand). Annual aggregate limit shall not be less than $1,000,000 (one million
dollars).
17.9 All insurance other than Worker’s Compensation to be maintained by the Contractor shall
specifically include the City as an additional insured.
17.10 The Contractor shall provide certificates of insurance to the City evidencing that all such
insurance is in effect prior to the issuance of the first purchase order under this agreement
from the City. These certificates of insurance shall become part of this agreement. Neither
approval by the City nor failure to disapprove the insurance furnished by a Contractor shall
relieve the Contractor of the Contractor’s full responsibility for performance of any
obligation including the Contractor’s indemnification of the City under this agreement. If,
during the period which an insurance company is providing the insurance coverage
required by this agreement, an insurance 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
City and immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this agreement. Until such
time as the Contractor has replaced the unacceptable insurer with insurance acceptable to
the City, the Contractor shall be deemed to be in default of this agreement.
17.11 The insurance coverage shall contain a provision that requires that prior to any changes in
the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be
given to the City by submission of a new certificate of insurance.
17.12 The Contractor shall furnish certificate of insurance directly to the City’s
procurement/contracts manager. The certificates shall clearly indicate that the Contractor
has obtained insurance of the type, amount and classification required by this agreement.
17.13 Nothing in this agreement or any action relating to this agreement shall be construed as the
City’s waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida
Statutes.
17.14 The City shall not be obligated or liable under the terms of this agreement to any party
other than the Contractor. There are no third party beneficiaries to this agreement.
17.15 The Contractor is an independent Contractor and not an agent, representative, or employee
of the City. The City shall have no liability except as specifically provided in this
agreement.
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17.16 All insurance shall be primary to, and not contribute with, any insurance or self -insurance
maintained by the City.
SECTION 18: STANDARDS OF CONDUCT.
18.1 The Contractor shall promptly notify City in writing of the filing of any voluntary or
involuntary petition for bankruptcy and/or of any insolvency of Design Builder or any of
its subcontractors who are involved in the provision of the Services under this Agreement.
18.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest exists
with respect to the agreement, including, but not limited to, any conflicts that may be due
to representation of other clients, customers or vendees, other contractual relationships of
the Contractor, or any interest in property that the Contractor may have. The Contractor
further certifies that any conflict of interest that arises during the term of this agreement
shall be immediately disclosed in writing to the City. Violation of this Section shall be
considered as justification for immediate termination of this agreement.
18.3 If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his/her assigned duties or is demonstrating improper conduct
pursuant to any assignment or work performed under this agreement, the City shall so
notify the Contractor, in writing. The Contractor shall immediately remove such employee
or representative of the Contractor from such assignment.
18.4 The Contractor shall not publish any documents or release information regarding this
agreement to the media without prior approval of the City.
18.5 The Contractor shall certify, upon request by the City, that the Contractor maintains a drug
free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to
submit this certification may result in termination of this agreement.
18.6 If the Contractor or an affiliate is placed on the convicted vendor list following a conviction
for a public entity crime, such action will result in termination of this agreement by the
City. Contractor, supplier, or subcontractor, under a contract with any public entity may
not transact business with any public entity in excess of the threshold amount provided in
s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following
the date of being placed on the convicted vendor list.
18.7 Contractor certifies to the best of their knowledge and belief, that they and their principals
(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any municipal, City, state or federal
department or agency; (2) have not, within a three-(3) year period preceding execution of
this agreement, been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state or local) transaction or contract under a public
transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records; making false statements; or
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receiving stolen property; (3) are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (federal, state or local) with commission of any
of the offenses enumerated above; (4) have not within a three (3) year period preceding
execution of this Agreement had one or more public transactions (Federal, State or local)
terminated for cause or default; and (5) will advise City immediately if their status changes
and will provide an explanation for the change in status.
18.8 The City reserves the right to unilaterally terminate this agreement if the Contractor refuses
to allow public access to all documents, papers, letters, or other materials subject to
provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received
by the Contractor in conjunction, in any way, with this agreement.
18.9 The Contractor shall comply with the requirements of the Americans with Disabilities Act
(ADA), and any and all related federal or state laws which prohibits discrimination by
public and private entities on the basis of disability.
18.10 The City will not intentionally award publicly-funded contracts to any Contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and
Nationally Act (INA). The City shall consider the employment by the Contractor of
unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the
Contractor of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for immediate termination of this agreement by the City.
18.11 The Contractor agrees to comply with federal, state, and local environmental, health, and
safety laws and regulations applicable to the goods and/or services provided to the City.
The Contractor agrees that any program or initiative involving the work that could
adversely affect any personnel involved, citizens, residents, users, neighbors or the
surrounding environment will ensure compliance with any and all employment safety,
environmental and health laws.
18.12 The Contractor shall ensure that all goods and/or services are provided to the City after the
Contractor has obtained, at its sole and exclusive expense, any and all permits, licenses,
permissions, approvals or similar consents.
18.13 If applicable, in accordance with Section 216.347, Florida Statutes, the Contractor shall
not use funds provided by this agreement for the purpose of lobbying the Legislature, the
judicial branch or state agency. Furthermore, Contractor shall not, in connection with the
agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit
on anyone as consideration for any City officer or employee’s decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal duty; or
(2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction
or request of, any City officer or employee. “Gratuity” means any payment of more than
nominal monetary value in the form of cash, travel, entertainment, gifts, meals, l odging,
loans, subscriptions, advances, deposits of money, services, employment, or contracts of
any kind.
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18.14 The Contractor shall advise the City in writing of it who has been placed on a
discriminatory vendor list, may not submit a bid on a contract to provide goods or services
to a public entity, or may not transact business with any public entity.
18.15 The Contractor shall not engage in any action that would create a conflict of interest in the
performance of that actions of any City employee or other person during the course of
performance of, or otherwise related to, this agreement or which would violate or cause
others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics
in government.
SECTION 19: PUBLIC RECORDS
19.1 The Consultant will keep and maintain public records required by the City to perform the
service. Upon request from the City’s custodian of public records, the Consultant will
provide the City with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time and at a cost that does not exceed the cost provided in
Chapter 119, Florida Statues, or as otherwise provided by law. Upon completion of the
Agreement, the Consultant will transfer, at no cost, to the City all public records in
possession of the Consultant or keep and maintain public records required by the City to
perform the service. The Consultant will ensure that the public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the term of the Agreement and following
completion of the Agreement if the Consultant does not transfer the records to the City. If
the Consultant keeps and maintains public records upon completion of the Agreement the
Consultant shall meet all applicable requirements for retaining public records. If the
Consultant transfers all public records to City upon completion of the Agreement, the
Consultant shall 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, upon request from the City’s custodian of public records, in a
format that is compatible with the information technology system of the City. If the
Consultant does not comply with the City’s request for public records, the City shall
enforce the provisions of the Agreement in accordance with the terms of the Agreement
and may cancel the Agreement.
19.2 IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT JEANETTE
WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN
STREET, SEBASTIAN, FL 32958; EMAIL:
jwilliams@Cityofsebastian.org; PHONE: 772-388-8215.
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SECTION 20: CODES AND DESIGN STANDARDS
20.1 All services to be performed by the Contractor shall, at a minimum, be in conform ance
with commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any and all federal, state and local regulatory agencies.
20.2 The Contractor shall be responsible for keeping apprised of any changing laws, applicable
to the goods and/or services to be performed under this agreement.
SECTION 21: ASSIGNABILITY
21.1 The Contractor shall not sublet, assign or transfer any interest in this agreement, or claims
for the money due or to become due out of this agreement to a bank, trust company, or
other financial institution without written City approval. When approved by the City,
written notice of such assignment or transfer shall be furnished promptly to the City.
21.2 The Contractor agrees to reasonably participate in the contract “piggybacking” programs
pertinent to local governments.
SECTION 22: SUBCONTRACTORS
22.1 Any Contractor’s proposed subcontractors shall be submitted to the City for written
approval prior to the Contractor entering into a subcontract. Subcontractor information
shall include, but not be limited to, state registrations, business address, occupational
license tax proof of payment, and insurance certifications.
22.2 The Contractor shall coordinate the provision of goods and/or services and work product
of any City approved subcontractors, and remain fully responsible for such goods and/or
services and work under the terms of this agreement.
22.3 Any subcontract shall be in writing and shall incorporate this agreement and require the
subcontractor to assume performance of the Contractor’s duties commensurately with the
Contractor’s duties to the City under this agreement, it being understood that nothing herein
shall in any way relieve the Contractor from any of its duties under this agreement. The
Contractor shall provide the City with executed copies of all subcontracts.
22.4 The Contractor shall reasonably cooperate at all times with the City and other City
Contractors and professionals.
SECTION 23: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF
JURY TRIAL
23.1 The agreement shall be governed in accordance with the laws of the state of Florida. In
the event of litigation with respect to the obligation of the parties to the agreement, the
jurisdiction and venue of such action shall be an appropriate State Court in Indian River
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County, Florida. The parties agree that in the event of litigation arising from this
agreement, that each shall waive any right to trial by jury.
23.2 This agreement is the result of bona fide arms length negotiations between the City and the
Contractor and all parties have contributed substantially and materially to the preparation
of the agreement. Accordingly, this agreement shall not be construed or interpreted more
strictly against any one party than against any other party.
SECTION 24: FORCE MAJEURE
24.1 Neither party shall be considered in default in performance of its obligations hereunder to
the extent that performance of such obligations, or any of them, is delayed or prevented by
Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism,
revolution, civil commotion, strike, epidemic, pandemic, fire, flood, wind, earthquake,
explosion, any law, proclamation, regulation, or ordinance or other act of government, or
any act of God or any cause whether of the same or different nature, existing or future;
provided that the cause whether or not enumerated in this Section is beyond the control and
without the fault or negligence of the party seeking relief under this Section.
SECTION 25: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.
25.1 This agreement, together with the exhibit(s), constitutes the entire integrated agreement
between the City and the Contractor and supersedes all prior written or oral understandings
in connection therewith. This agreement, and all the terms and provisions contained herein,
including without limitation the exhibits hereto, constitute the full and complete agreement
between the parties hereto to the date hereof, and supersedes and controls over any and all
prior agreements, understandings, representations, correspondence and statements whether
written or oral.
25.2 This agreement may only be amended, supplemented or modified by a formal written
amendment.
25.3 Any alterations, amendments, deletions, or waivers of the provisions of this agreement
shall be valid only when expressed in writing and duly signed by the parties.
SECTION 26: NOTICES
26.1 Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by registered United States mail, with return receipt requested, 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.
26.2 For the present, the parties designate the following as the representative places for giving
of notice, to-wit:
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26.3 TO THE CITY:
City Manager Procurement/Contracts Manager
City of Sebastian City of Sebastian
1225 Main Street 1225 Main Street
Sebastian, FL 32958 Sebastian, FL 32958
TO THE CONTRACTOR:
Power Exterminators, Inc. dba POWERX
8815 SW 129th Street,
Miami, FL 33176
26.4 Written notice requirements of this agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder. The
Contractor agrees not to claim any waiver by City of such notice requirements based upon
City having actual knowledge, implied, verbal or constructive notice, lack of prejudice or
any other grounds as a substitute for the failure of the Contractor to comply with the express
written notice requirements herein. Computer notification (e-mails and message boards)
shall not constitute proper written notice under the terms of the agreement.
SECTION 27: WAIVER
27.1 The failure of the City to insist in any instance upon the strict performance of any provision
of this agreement, or to exercise any right or privilege granted to the City hereunder shall
not constitute or be construed as a waiver of any such provision or right and the same shall
continue in force.
SECTION 28: NO GENERAL CITY OBLIGATION
28.1 In no event shall any obligation of the City under this agreement be or constitute a general
obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City
or a general obligation or indebtedness of the City within the meaning of the Constitution
of the State of Florida or any other applicable laws, but shall be payable solely from legally
available revenues and funds.
28.2 The Contractor shall not have the right to compel the exercise of the ad valorem taxing
power of the City.
SECTION 29: EXHIBITS
29.1 Each exhibit referred to and attached to this agreement is an essential part of this agreement.
The exhibits and any amendments or revisions thereto, even if not physically attached
hereto, shall be treated as if they are part of this agreement.
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SECTION 30: SEVERABILITY/CONSTRUCTION
30.1 If any term, provision or condition contained in this agreement shall, to any extent, be held
invalid or unenforceable, the remainder of this agreement, or the application of such term,
provision or condition to persons or circumstances other than those in respect of which it
is invalid or unenforceable, shall not be affected thereby, and each term, provision and
condition of this agreement shall be valid and enforceable to the fullest extent permitted by
law when consistent with equity and the public interest.
30.2 All provisions of this agreement shall be read and applied in para materia with all other
provisions hereof.
SECTION 31: SURVIVAL
31.1 All express representations, waivers, indemnifications, and limitations of liability included
in this agreement shall survive completion or termination of the agreement for any reason.
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IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on the
respective dates under each signature: the City through its City Council taking action on the 12th
day of June, 2024, and the Contractor signing by and through its duly authorized corporate officer
having the full and complete authority to execute same.
ATTEST: POWER EXTERMINATORS, INC.
DBA POWERX
_______________________________ By:
_____________________________
Hecotr Mora, Central Division Manager
Date: _____________________
ATTEST: CITY OF SEBASTIAN, FL
By:
__________________________ ________________________________
Jeanette Williams, MMC Brian Benton, City Manager
City Clerk Date: ______________________
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
______________________________
Jennifer D. Cockcroft, Esq.
City Attorney
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Errol Plummer
6/18/2024 | 7:42:14 AM EDT
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Exhibit “A”
Scope of Services
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SECTION 1 – SCOPE OF WORK
1.1 SCOPE OF WORK
The City of Sebastian is requesting bids for monthly Pest Control Services. There are
approximately thirty-nine (39) locations requiring exterior and interior pest control treatment.
1.1.1 The Contractor shall be responsible for full treatment pest control ser vice including
inspection and treatment for rats & mice; cockroaches, all types of ants, moths, flies,
fleas, lice, ticks, spiders, mites, wasps, silverfish, and any other pest (all locations) not
specifically excluded from the Agreement. Rat and mouse inf estations located in burrows
in the ground adjacent to the building are included.
1.1.2 Bidder shall ensure that all the buildings listed are free from all insects, rodents and pests.
1.1.3 When necessary to install additional rodent bait boxes, the Contractor shall supply a
written report to the City, which indicates the box location(s), date of installation and
removal.
1.1.4 Pest control treatment shall be performed by the Contractor at least once each month
during the City's normal business hours, 8:00 a.m. - 4:30 p.m. (closed for lunch from
12:00pm-1:00pm) Monday through Friday. If required, the bidder shall provide 72 hours
advance written notice if a building, office, or area needs to be vacated for pest control
treatment.
1.1.5 The bidder shall be responsible for full compliance with the applicable federal, state, and
local pesticide laws and regulations.
1.1.6 All insecticides, rodenticides, and bait stations shall be removed from the premises at the
conclusion of the Agreement. Written certification of s uch removals shall be submitted to
the City's representative.
1.1.7 The City reserves the right to negotiate with the Contractor for the purchase of related
pest control services such as extermination of termites, wood bores, bees, beehives, bats
and birds not specifically covered herein.
1.1.8 For services outside of the monthly treatments, the bidder must respond onsite to service
calls within 24 twenty-four hours from notification.
1.2 CONTRACTOR MINIMUM QUALIFICATIONS
Bidders that do not meet the minimum requirements listed herein as determined by the City, at its
sole discretion, will be deemed non-responsive and not considered for award. All decisions made
by the City are final.
1.2.1 Bids will be considered only from firms, whic h are regularly engaged in the business for
services as noted herein, and possess at least five (5) years of experience (as verified by
Sunbiz.org) providing such services to commercial accounts. Bidder shall have sufficient
financial support, equipment and organization to ensure that they can satisfactorily
execute the service if awarded the contract under the terms and conditions herein stated.
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1.2.2 Contractor must be properly licensed to do business. Bidder should provide evidence of
certification and licens ing per Florida Statute 482 for all employees working under this
contract providing pest control services in the categories specified in this bid.
1.2.3 Contractor must meet insurance requirements applicable to perform the services; and
1.2.4 Bidder shall be experienced in the work provided and shall provide a minimum of three
(3) governmental (federal, state, local) references, within the state of Florida, of
similar, current and ongoing contracts within the last three years ; and
1.2.5 Bidder must provide a copy of their business tax receipt, if their business is located in
Sebastian, FL or Indian River County.
1.3 CONTRACTOR’S EMPLOYEES
1.3.1 Any employee of the contractor performing work at City Facilities, on behalf of the
contractor, must be identifiable by:
1.3.1.1. A company uniform;
1.3.1.2. proper identification; and
1.3.1.3. A marked vehicle
1.3.2 The awarded contractor shall only assign employees who are competent, skilled and
licensed to work under this contract.
1.3.3 Upon execution of contract, the Contractor shall supply the City with a list of employees
that will provide services under this contract including:
1.3.3.1. Full Name of Employee
1.3.3.2. Emergency telephone
1.3.3.3. Copy of applicable license
1.3.4 This list shall be kept current at all times. This list shall include all company officers and
employees under this contract. The awarded contractor shall be responsible for keeping
this list up to date.
1.4 INTERIOR AND EXTERIOR START UP SERVICE
1.4.1 The successful bidder shall, at the beginning of the contract, inspect the interior and
exterior of each building for any openings or conditions, such as building modifications,
which may result in pest and/or rodent control problems shall be reported to the
designated City representative. Including, but not limited to the following:
1.4.1.1. Openings/cracks on the outside or inside of building
1.4.1.2. Foliage to close to building
1.4.1.3. Trees over hanging building
1.4.2 The successful bidder shall service all building exteriors.
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1.4.3 Exhibit A, Facility Locations, outlines facilities that require interior services. For interior
service, bidders must use a pesticide specifically designed for such use per the
manufacturer’s recommendation on the label.
1.4.4 INITIAL STARTUP SERVICE SHALL BE REQUIRED DURING THE FIRST
THIRTY (30) DAYS AFTER THE START OF THE CONTRACT.
1.5 INSPECTIONS
1.5.1 The successful bidder shall perform a monthly inspection of the buildings and notify the
City representative of any potential problem areas such as openings/cracks, foliage and
trees too close to the building and any condition that may harbor insects close to building.
The inspection shall be performed after the interior/exterior service is performed. All
issues/discrepancies shall be noted on the service ticket as provided by the suc cessful
bidder. The inspection shall be at no additional charge to the City and shall be
incorporated into the successful bidder’s pricing.
1.5.2 All work shall be performed under the supervision of an individual certified by the State
of Florida in accordance with Federal, State, local laws and requirements. All pesticides
shall be procured, processed, handled and applied in strict accordance with the
manufacturer’s label. All pesticides applied shall be registered with the Environmental
Protection Agency (EPA) and applicable state agency for the enforcement of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA).
1.5.3 Contractor shall furnish all labor, tools, equipment, transportation, and material needed to
inspect and perform full treatment pest control services for all areas and buildings
specified herein, but not limited to, rooms, toilets, hallways, and stairwells.
1.6 INSECT CONTROL
1.6.1 Definition of Insect Control Services
1.6.1.1. Insect control is defined as those measures, which are necessary to
completely suppress crawling and flying insect populations, including
arachnids, within the City buildings covered by the Agreement through the
use of properly registered and labeled insecticide products and approved
devices.
1.6.1.2. Fogging – Modern equipment and products will be used for fogging all areas,
including crawl spaces, mechanical and equipment rooms.
1.6.1.3. Devices – Approved mechanical or electronic devices may be integrated with
insecticide programs with the concurrence of the City.
1.6.1.4. Follow-up Inspections & Callbacks – During the life of the Agreement, the
premises covered shall be inspected periodically to determine the
effectiveness of the programs in progress. The Contractor shall make such
inspections, document the results of such inspections in writing and submit to
the City. In addition, the City reserves the right to conduct inspections of the
insect control program at unannounced times and at unannounced intervals,
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for evaluation purposes. The Contractor shall promptly initiate actions to
correct all deficiencies found.
1.6.1.5. Callbacks or follow-up service – During the life of the Agreement, callbacks
or follow up services shall be provided as the need arises at no additional
cost to the City. Call back response shall be within four (4) hours
1.6.1.6. Restrictions – In all instances, insecticide products, regardless of toxicity
category, shall be applied in strict compliance with label instructions. No
insecticide shall be applied in any area while City personnel are present. In
situations where space applications are proposed, the Contractor shall present
written notification to the City 72 hours in advance of the proposed
application. Such notification shall include the target pest(s), the room
number(s) and/or building(s) to be treated, the product to be used, the method
of application, and provisions for tenant and employee safety. No such
applications shall be made without the written approval of the City. No
product identifiable as a fumigate shall be used in any City space for any
purpose.
1.6.1.7. Safety – No insecticide shall be applied or handled in any manner
inconsistent with applicable Federal, State or local safety laws, regulations or
ordinances. The environment and the public shall be protected at all times.
1.6.1.8. Exceptions – Subterranean termite control involving soil injections of
termicides is not included in the Agreement. Where swarms of winged
insects appear inside of structures, they may be controlled by the use of
appropriate compounds.
1.6.2 Pesticide Requirements
1.6.2.1. Pesticide Products – No pesticide shall be used in any manner inconsistent
with its labeling. All pesticides used in the pest control program shall be
properly labeled for the control of the target pests against which they are
being used and label instructions shall be strictly adhered to.
1.6.2.2. Interior Pesticide
1.6.2.2.1. Some locations require monthly interior services and others
require interior service on an “as needed bases.” Please refer to
Attachment A to see the breakdown of where and when services
will be performed.
1.6.2.2.2. Pesticide application shall be applied only at the infestation site
and designated surrounding areas, leading to its origin, using the
appropriate type of pesticide and applied per the manufacturer’s
recommendation on the label.
1.6.2.2.3. Shall be heavy-duty, commercial formula with low/no odor, and
shall be pre-approved by the City prior to use.
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1.6.2.3. Exterior Pesticide
1.6.2.3.1. Shall be a liquid residual pesticide, lasting a minimum of forty-
five (45) days from day of application. Pesticides used on
exterior application shall not be water soluble, so when irrigation
is utilized, the application is not washed away or diluted,
canceling out its effectiveness.
1.6.2.3.2. The exterior of all buildings are to be treated monthly with a
thirty (30) to forty-five (45) day residual pesticide from the
foundation, three (3) feet up and three (3) feet out to accomplish
a six (6) foot barrier around the perimeter of the entire building,
and applied per the manufacturer’s recommendation on the label.
1.6.2.3.3. Pesticides shall not kill or cause harm to the various grass laid at
Palm Beach County locations (St. Augustine, Bahia, Bermuda).
Pesticides used on buildings shall be non-staining and non-
destructive to wood, stucco, concrete, plaster or paint finishes.
1.6.2.3.4. All insecticide products used shall be properly registered and
labeled for the control of the pests against which the product(s)
are being applied. Insecticide products may be applied as surface
sprays, following the crack and crevice criteria, as dust or baits
applied to areas inaccessible to sprays, or as space applications
using dry fog methods for flying insect control. No insecticide
shall be used in any manner inconsistent with its labeling.
1.7 EXCEPTIONS
1.7.1 The following pest control functions are not included in the Monthly Service price, but
may be quoted under this contract and added on a case by case basis for services as
needed:
1.7.1.1. Termite control
1.7.1.2. Wood, bores
1.7.1.3. Bees
1.7.1.4. Beehive Removal
1.7.1.5. Bird control
1.7.1.6. Bat control
1.7.1.7. Snake control
1.7.1.8. Yellow jacket or wasp removal
1.7.1.9. Fumigation
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1.8 RODENT CONTROL
1.8.1 Definition of Rodent Control Services
1.8.1.1. Rodent control is defined as those measures necessary to suppress
populations of rats, mice, and/or any other mammalian species, which
become a pest within or around the City premises covered by the Agreement.
1.8.1.2. Required Services – The rodent control measures required of the bidder
includes repelling, trapping, and poisoning programs directed at providing
environmentally safe space for City personnel and other related agencies.
1.8.1.3. Products and Devices – Any properly registered rodenticide or any device
approved by Federal and/or State regulatory agencies may be used in rodent
control programs under the Agreement, except those products and or devices,
which are excluded for just cause. No rodenticide may be used in any manner
inconsistent with its labeling.
1.8.1.4. Tenant and Public Safety – All rodenticides, regardless of packaging, shall be
placed in tamperproof, locked or sealed boxes in order to protect the public
and non-target species.
1.8.1.5. Program Evaluation – The City reserves the right to evaluate programs in
progress in terms of effectiveness and safety, and to require such changes as
are indicated. The bidder shall take prompt action to correct identified
program deficiencies.
1.8.1.6. Structural Changes – Structural changes shall be the responsibility of the
City.
1.8.2 Rodent Control Services
1.8.2.1. Services shall include but not be limited to supplying, setting and
maintaining bait stations. The successful bidder shall conduct monthly
inspections of the bait stations. The successful bidder shall inspect all
placed baited traps, remove any trapped rodents, and replace bait in
bait boxes.
1.8.2.2. Monthly service of rodent bait stations shall be provided at the
locations listed in Exhibit A, Fac ility Locations, per the following
specifications:
1.8.2.2.1. Additional bait stations and/or the replacement of bait
stations shall be supplied by the successful bidder and shall
meet, or exceed the following salient characteristics: shall
be tamper proof heavy-duty molded black plastic box
approved for indoor or outdoor use, shall hold up to one
pound of dry bait and include horizontal and vertical bait
securing rods to keep bait in the station. Approximate size
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shall be 11 1/2" x 12" x 6 1/2". Placement of additional bait
stations shall be determined by the designated City
representative and successful bidder’s technician.
1.8.3 HURRICANE PREPARATIONS
1.8.3.1. All outside bait stations will need to be picked-up seventy-two (72)
hours before a hurricane is predicted to reach landfall in Indian River
County. The City of Sebastian will provide a storage space for the bait
stations until the hurricane clears. All bait stations shall be returned to
their location within seventy-two (72) hours after the hurricane has
cleared and it has been determined safe to resume outside activities by
the National Weather Service.
1.9 CHEMICALS
1.9.1 All insecticides, pesticides, fungicides, rodenticides, and traps used in the performance
of this service contract shall conform to federal, state and local, and OSHA requirements
with respect to their toxicity, environmental safety, and public health hazards. They are
to be approved and in compliance with existing EPA labeling and the use requirements
under the Federal Insecticide, Fungicide, and Rodenticide Act, latest revision.
1.9.2 Upon request from the City, Contractor shall furnish a list of all chemical insecticides,
pesticides, fungicides, and rodenticides used in servicing the various facilities. This list
shall include percentage strength of each ma jor active ingredient for insecticide and
pesticide. This list shall also indicate any chemical, insecticides or pesticides used in
monthly nuisance pest control that may be hazard to City personnel. When new
chemicals are added, the contractor must supply a revised list to the City.
1.9.3 Provide a copy of a Safety Data Sheet (SDS), as required by the Occupational Safety and
Health Administration, for each type and brand of chemical used during the duration of
the contract. SDS must be pr9ovided prior to application. The successful bidder shall
maintain a separate file with duplicate copies of the sheet(s) for each chemical used.
1.9.4 Bidder shall have available a chemical that can be used in certain offices/areas, where
employees have respiratory problems.
1.10 SAFETY
1.10.1 The contractor shall be responsible for the safe use and application of the pesticides used
in the pest control program. Protective clothing, equipment, and devices shall, as a
minimum, conform to Occupational Safety and Health Administration (OSHA) st andards
for the products being used.
1.10.2 Bidder shall be responsible for instructing City personnel in safety measures considered
appropriate.
1.10.3 Bidder shall dispose of all pesticides, insecticides, fungicides, rodenticides, residue, and
containers in accordance with the labels or other regulatory requirements. The listed
refuse or contaminated waste shall not be disposed of on City property.
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1.11 REPORTS
1.11.1 Pest prevention service report indicating type of pest, chemical applied, date, location,
and comments or recommendation shall be submitted monthly for each facility. Reports
shall be sent to the following email addresses: rpaul@cityofsebastian.org,
PChapline@CityofSebastian.org, and JTesta@CityofSebastian.org
1.12 OTHER
The contractor will appoint one of their employees as the key contact for approval by the City’s
Project Manager. It is the City’s belief that the service required is adequately described herein.
Therefore, any negotiated contract may include the entire effort required of the bidder to pro vide
the service described. Specifically, no additional fees will be allowed for any additional services
performed or any reasons whatsoever except those directly attributable to the City’s errors or
omissions.
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Exhibit “B”
Price Proposal
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92
Finance Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772) 388-8231
Item No.Description Unit QTY Unit Price Extended Price
1
City Hall
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 25.00$300.00$
2
Friendship Park Office Building
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
3
Police Department
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 25.00$300.00$
4
Police Evidence Building
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 10.00$120.00$
5
Old City Hall Building
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 10.00$120.00$
6
Art Center Building
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
7
Senior Center Building
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
Electronic Bid Price Sheet
Bid # 24-10-ITB
Bid Title: Citywide Pest Control (Rebid)
City Hall and Police Complex
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92
Finance Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772) 388-8231
Item No.Description Unit QTY Unit Price Extended Price
Electronic Bid Price Sheet
Bid # 24-10-ITB
Bid Title: Citywide Pest Control (Rebid)
8
Public Works Compound
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 10.00$120.00$
9
Golf Course Pro Shop
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
10
Golf Course Cart Barn
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
11
Airport Maintenance Building
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
12
Stormwater Garage (Airport)
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
13
IGM Building (Airport)
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 10.00$120.00$
14
Airport Security Trailer
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 10.00$120.00$
Public Works Compound
Golf Course and Airport
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92
Finance Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772) 388-8231
Item No.Description Unit QTY Unit Price Extended Price
Electronic Bid Price Sheet
Bid # 24-10-ITB
Bid Title: Citywide Pest Control (Rebid)
15
Airport Terminal Building
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 25.00$300.00$
16
Building Maintenance Storage Facility
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 10.00$120.00$
17
Airport Hangar A
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 25.00$300.00$
18
Airport Hangar B
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 25.00$300.00$
19
Airport Hanger C
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 25.00$300.00$
20
Airport Hanger D
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 25.00$300.00$
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92
Finance Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772) 388-8231
Item No.Description Unit QTY Unit Price Extended Price
Electronic Bid Price Sheet
Bid # 24-10-ITB
Bid Title: Citywide Pest Control (Rebid)
21
Cemetery Office
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
22
Cemetery Pump House
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
23
Community Center
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 10.00$120.00$
24
Baseball Fields @ Barber Street Sports Complex
• Storage Shed – 1/EA
• Public Restroom
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
25
Football Field @ Barber Street Sports Complex
• Storage Shed – 1/EA
• Public Restroom
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
Cemetery and Community Center
Barber Street Facilities
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92
Finance Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772) 388-8231
Item No.Description Unit QTY Unit Price Extended Price
Electronic Bid Price Sheet
Bid # 24-10-ITB
Bid Title: Citywide Pest Control (Rebid)
26
Creative Playground @ Barber Street Sports
Complex (Multipurpose Field)
• Public Restroom
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
27
Skate Park @ Barber Street Sports Complex
• Public Restroom
- Interior and exterior pesticide treatment and rodent
Month 12 5.00$60.00$
28
Fisherman Landing
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
29
Yacht Club and Yacht Club Public Restroom
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
Indian River Drive Facilities
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92
Finance Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772) 388-8231
Item No.Description Unit QTY Unit Price Extended Price
Electronic Bid Price Sheet
Bid # 24-10-ITB
Bid Title: Citywide Pest Control (Rebid)
30
Working Waterfront
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
31
Main Street Boat Ramp
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
32
Hardee Park
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
33
Schumann Park
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
34
Bark Park
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
35
Splash Pad
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
Public Restrooms
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92
Finance Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772) 388-8231
Item No.Description Unit QTY Unit Price Extended Price
Electronic Bid Price Sheet
Bid # 24-10-ITB
Bid Title: Citywide Pest Control (Rebid)
36
Friendship Park
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
37
Pickleball Courts
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
38
Art Center
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
39
Riverview Park
- Interior and exterior pesticide treatment and rodent
control as specified herein
Month 12 5.00$60.00$
4,440.00$Total Bid Price
DocuSign Envelope ID: 02C9E36E-757B-4F00-B43E-904EE151CF92