HomeMy WebLinkAbout2019 AgreementF.Tel99.0161 sNIY
THIS AGREEMENT, made this 24th day of A2019, by and between the
City of Sebastian, a municipality in Indian River County, Florida (hereinafter called the "City'), and
Hulellnvirorm`g )al Services , Or its successors, executors, administrators, and assigns (hereafter
called "Contractor .
WITNESSETH:
The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as
follows:
Scope of Services
Contractor agrees to furnish pest control services meeting the requirements described in
Pages 4-6 of the Invitation to Bid # 19-01, on a scheduled monthly basis in accordance with
all applicable codes pursuant to Work Orders issued by the City. The City may add to or
delete from the list of facilities receiving Pest Control treatment services at any time.
Adjustment to service pricing for new facilities will be negotiated between the parties.
"Facility" is defined as the building and shrubs/landscaping immediately adjacent to and
within 20 -feet from the building.
2. Contract Sum and Payment to Contractor:
(a) Contract sum During the term of this Agreement, the city shall pay Contractor the unit
prices for work as proposed in the Contractors bid proposal.
(b) The City agrees to make payment within 30 days of proper invoicing.
3. Contractor's Obligations:
(a) Contractor shall supervise and have control over means, methods, techniques, sequences
and procedures for performing the Work Orders, unless the terms of this Agreement give
other specific instructions concerning these matters.
(b) Unless otherwise provided in the Agreement, Contractor shall pay all sales, use and other
similar taxes and shall secure and pay for all permits and governmental fees, licenses and
inspections necessary for proper execution and completion of its obligations hereunder.
The failure of any of the parties at any time to require performance of any prevision of
the Agreement shall in no manner affect the right of such party at any later time to
enforce or require the same unless waived in writing. No waiver by any party of any
condition or breach shall be construed or deemed to be a waiver of any other condition or
nay other breach of any term, covenant or warranty contained in the Agreement.
(c) Contractor will submit signed monthly reports to the City that include details
documenting:
• The Date of pest application
• The Facility that was treated (treatment location),
• The Name of the Pesticide; Concentration; and Rate of application
• Notes detailing the effectiveness of the treatment
Indemnhcation and Hold Harmless
The Contractor shall indemnify and hold the City harmless from any and all personal
injury or property damage claims, liabilities, losses or causes of action which may arise
out of the use and occupancy of the property by the Contractor, its family, associates,
contractors, agents, employees, customers and attendees. Nothing in this agreement shall
be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida
Statutes, or any other sovereign or governmental immunity.
Term of Contract
(a) Contract term is for three (3) years, commencing on Mav L 2019 and ending on
April30.2022. At its discretion, The City of Sebastian may offer and with mutual
agreement of the Parties, two (2) additional one (1) year extensions to this Agreement
under the same terns and conditions.
(b) Rate adjustments may be requested one time each year of the agreement based on the
Consumer Price Index. The Contractor may request additional rate changes based on
extreme circumstances beyond the Contractors control. The City in its sole discretion
may approve or deny such request.
City's Right To Terminate Contract And Complete Work
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the Contractor
stating the cause for such action. This Agreement may be terminated by the City without
cause provided at least thirty (30) days written notice of such termination shall be given
to the Contractor. In the event of termination, the City may take possession of the Work
and of all materials, tools and equipment thereon and may finish the Work by whatever
method and mcans it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.
(b) Disregard or violate the provisions of the Contract Documents or CitYs written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors;
fail to use proper pesticide products or use application methods contrary to the product
labels; or fail to exercise appropriate safety measures to guard against toxicity to its
workers, City of Sebastian employees, and the public.
7. Conflict
In the event of any conflict between the provisions of this Agreement and any
attachments hereto, the provisions of this Agreement shall prevail.
8. Public Records Form
Contract Name: Pesticide Treatment Services
Project Description: Pesticide Treatment Services
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the
contract between the City of Sebastian and the Contractor shall:
a) Comply with the public records law of the State of Florida, as the same may be
amended from time to time.
b) Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform services, and
c) Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the
City all public records in possession of the contractor upon termination of the contact 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.
9. Governing Law/Venue: This Agreement shall be governed and construed in accordance
with Florida Law. In the event that litigation arises involving the parties to this
Agreement, venue for such litigation shall be in Indian River County, Florida. The parties
hereto shall, and they hereby do, waive trial by jury in any action, proceeding or
counterclaim brought by either of the parties hereto against the other on any matters
whatsoever arising out of or in any way related to this Agreement.
10. Integration: he drafting, execution and delivery of this Agreement by the parties have
been induced by no representations, statements, warranties or agreements other than those
expressed in it. This Agreement including the Contractors Bid Proposal contains the
entire agreement between the parties and there are no further or other agreements or
understandings written or cost in effect between the parties relating to its subject matter.
This Agreement cannot be changed or modified except by written instrument executed by
all parties hereto. This Agreement and the terms and conditions hereto apply to, and are
binding upon, the legal representatives, successors, and assigns of both parties.
11. Sevembility: If any term of this Agreement or the application thereof to any person or
circumstances shall be determined by a court of competent jurisdiction to be invalid or
unenforemble, the remainder of this Agreement, or the application of such term to persons
or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
Authorized
Signature: �t1 _X ..v Date: t lyhl
Print M�
Title: v
Company/Firm: Hulett Environmental Services
IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed its
name on the date first set forth above.
ATTEST:
_ette Williams, OMC
ity Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Jam D. Stokes, City Attorney
CORPORATE SEAL:
aul E. Carlisle, Ci[y Manager
By: Secretary
CITY OF SEBASTIAN — BID
Pest Control Services
List of Pasts Covered by this Service:
• Wasps, bees, hornets
• Spiders
• Roaches
• Ants (all varieties), including fire ants and carpenter ants
• Other invaders (including by not limited to) Earwigs; Sowbugs, Pillbugs, beetles, crickets, and
flies.
List of Excluded Insect Pests: Termites
List of Covered Facilities & Bid Proposal
Public Restroom Locations
/Month
Working Waterfront
$ 8.00
I Main Street Boat Ramp
$ S.00
Yacht Club
$ 8.00
Creative Playground
$ 8.00
Baseball Fields
$ 8.00
Schumann Park
$ 8.00
Bark Park
$ 8.00
Splash Pad
$ 8.00
I Friendship Park
$ 8.00
1 Football Field
$ 8.00
Golf Course A
$ 8.00
Golf Course B
$ 8.00
I Pickle Ball Courts
$ 8.00
Hardee Park
$ 8.00
Art Center
$ 8.00
4
City Hall and Police Complex
/Month
City Hall
$ 40.00
Police Department
$ 30.00
Police Evidence Building
$10.00
I Police Volunteer Office
$ 3:00
Friendship Park Office
$ 4.00
Old City Hall Building
$14.00
I Art Center Building
$ 3.00
I Senior Center Building
$ 3.00
Other Facilities
$/Month
Cemetery Office
$ 3.00
Cemetery Pump House
38.00
Golf Course Pro Shop
$ 10.00 J
Pelican Diner Restaurant and Kitchen
$ t i.00 J
Golf Course Cart Barn
$12.00
Golf Course Beverage Shack
$ 3.00
I Airport Maintenance Building
$ 4.00 I
I Stormwater Garage (airport)
$ 3.00.
I IGM Building (airport)
$ 10.00
I Airport Security Officer's Home
$12.00
Community Center
$12.00
Crab E Bill's Eatery
$12.00 J
I Airport Terminal Building
$ 41.00
I Hangar A
$ 27.00 I
I Hangar B
$ 27.00 J
I Hangar C
$ 27.00
Skate Park Building
$ s.00
After hating examined a0 specifications, Contract/Agreement Documents, and other documents relative
to the Invitation to Bid I the undersigned hereby propose to perform everything requited to be performed
in strict conformity with the requirements of these documents, and to provide and tumish all the
equipment, labor, and materials necessary to provide annual pest Control service work meeting or
exceeding the specifications as set forth herein for the unit prices as stated below. The price quoted below
includes my addenda which may be issued.
- Bed Bugs to be treated or Subcontracted at $ 0.70 Per Square Foot
To Infested Areas, Only As Needed.
- Ticks or Fleas to be treated or Subcontracted at $ 0.30 Per Square Foot
To Infested Areas, Only As Needed.
By the signature affixed below, the contractor agrees that this bid is made without any other
understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the
same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I
agree to execute/enter into said agreement within (15) consecutive calendar days notice by the City, and
agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the
above stipulatAt'r.
Mike Fearns
Authorized SiPrinted Name
Hulett Environmental Services Vice President
Firm Name & Address Tide
7670 Okeechobee Blvd 561-686-7171
Phone Number
West Palm Beach, FL 33411 3/ 19/2019
Date Signed