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01/26/2022 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Hammerhead Termite Contract# _.. ._. ...... .,.. ..v.. ... .m....... m._..._.... . Effective Date: Expiration Date: Contract Purpose/Description: Tent Fumigation for termites at 63rd St. Annex Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: (must be less than$50,000) (If multiyear agreement then $6,025.00 requires BOCC approval,unless the total Cumulative tunount is Icss than $50,000 00) Budgeted? Yes® No ❑ Account Codes: 20501-SC- 06 Grant: $ -_- -_- County Match: $ �- -�- - ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (e. .maintenance}utilities janitorial,salaries etc.) CONTRACT REVIEW Changes Date In Needed R9.yiqwqL_, Date I Department Head Yes❑No[Z] William ®eSantis 1/ 1/ 2 Digitally signed by Palricia Aoa County Attorney Yes o ale, Patricia Fable t7awe zozzor zt trisoa 2 22 Risk Management YeSEIN V/ 1 2 /22 Krista PresnickD,,,022.01d2,11 Sby ,40-05'00' 1/25/2022 O.M.B./Purchasing Yes❑No0 - Comments: Revised BOCC 3/18/2020 Page 74 of 92 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR 3rd St. Annex Building Termite Fumigation; 490 + 3rd St. Ocean, Marathon, FL 3305 BOARD OF COUNTY COMMISSIONERS 'w Mayor David Rice, District 4 Mayor Pro Tern Craig Cates, District 1 Michelle Coldiron, District 2 Vacant, District 3 Holly Raschein, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis 11/23/2021 PREPARED BY: Monroe County Facilities Maintenance Department 1 Monroe County Facilities Maintenance General Scope of Work Job Name: Termite Fumigation Job Location: 63rd Street Annex Building 490 63rd Street, Ocean Marathon,FL 33050 Contact: Facilities Maintenance John T. Null 0I 11 phr, 11 gToL ntY 11gwv 305-587-8036 Michele Safos �ri3le'cr��oe,rtatOttralt v 305-289-6036 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Enter into a contract with a qualified Contractor to provide Termite Fumigation services for the 63`d St. Annex located at 490 63`d St. Marathon, FL 33050. The term of this contract shall commence upon the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Sixty (60) days, thereafter. If applicable, the Contractor shall be required to secure and pay for all required permits and approvals to perform the Scope of Work which may include the Monroe County Building Department, the City of Marathon and any other permitting or regulatory agencies. Contractor shall include those permit fees as a part of the Contractor's bid. B) All quotes are due by December 5, 2022, at 3:00 P.M., via email to safos- michele@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to complete pest control services at the 63`d Street Annex Building located at 490 63`d St. Marathon, FL 33050: 1) Treat premises for the control of Drywood Termites. 2) Initial Treatment and Annual Renewal. 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Public Works contact: JT Null, 305-587-8036 B) The Contractor is required to provide protection for all existing surfaces. To include, but not limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping Q The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Specified by the County I) All materials must be approved by submittal prior to commencement of work. 3 .n The Contractor shall provide a lump sum price by December 5,2022 at 3:00 p.m., via email as noted herein. K) The Contractor needs to be aware of weather and location and plan accordingly. L) The Contractor needs to be aware of the facility,its residents,and staff with unusual schedules and plan accordingly. M) The Contractor shall provide a safety lift plan for all crane/hoist work. N) The Contractor shall provide a schedule for all phases of the project. O) The Contractor shall coordinate all activities with concurrent site work being performed, if any. P) Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. Q) The Contractor is required to have all current licenses necessary to perform the work. 4 R) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. S) NON-COLLUSION. By signing this proposal,the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor.No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full 5 knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. T) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. U) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. V) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor complies fully with, and in accordance with Florida Statute, Section 287.087,the requirements as follows: 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1. 4) In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 6 ADDITIONAL CONTRACT PROVISIONS I) Nondiscrimination/Equal Emglovment Opportunity. Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin;2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,orthe subject matter of,this Agreement. II) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor 7 with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to Contractor. If the County terminates this agreement with the Contractor,County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. III)Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the 8 Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid by the County. IV) Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files(including documentation covering negotiated settlements);backcharge logs and supporting documentation;general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. The right to audit provisions survive the termination of expiration of this Agreement. V) I llment offices/Invoices. County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat. Sec. 218.70, upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention — Michele Safos, via email at safos- r icllpjc rod ot!cN.Ilty-11.E"ov. 9 The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that 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 contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for 10 retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN MONROE+COUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408, KEY WEST, FL 33040. VII) L Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 11 V l ll) Notice lletluir emcnt. .Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return reccipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: ......... For Contractor: _ For Owner: Facilities Maintenance Department 10600 Aviation Blvd. Marathon, Florida 33050 And Monroe County Attorney's Office 1 1 11 12"' Street Suite 408 Key West, Florida 33040 1X) Uncontrollable Cit-eurnstancc. Any delay or lirilure ol'cithcr Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure Was caused directly by an event beyond Such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project: (c) war. invasion. hostilities (whether war is declared or not), terrorist threats or acts, riot. or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes. or blockades in effect on or after the date of this Agreement; (1) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable CIr'CUmStancC"). CONTRACTORS financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shalt give County written notice within 7 clays of any event or circunrstanee that is reasonably likely to result in an Uncontrollable Circumstance. and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance. ensure that the effects of any Uncontrollable Circumstance arc minimized and resume full perlormance under this Agreement. ay additional cost as a result of an Uncontrollable County will not p 12 Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. X) Adiudi+cation of Disllutes or Lisa reements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Sections I, Nondiscrimination,or Section II,concerning termination or cancellation. 13 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd Marathon, FL 33050 PROPOSAL FROM: 3 QtA,CIL, LI 3 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of. Termite Fumigation Drywood Termites at 490 63 d Street, Ocean Marathon, FL and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, Superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications,and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within ten (10)calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Sixty (60) days, thereafter. 14 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. E �t oL, S u e-,n - ►f e- © Dollars. (Total Base Proposal- words) Dollars. (Total Base Proposal —numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. _ Dated Page 15 of 27 In addition, Proposer states that he/she has provided or will provide the County upon request a certified copy of Contractor's License, Monroe County Occupational License, and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below. the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page Iittt): /11_moi7I-oLCouIItV.CiViCD]LI .com/Bids.aslix?CatII)-1 .. AND accepts all of the terms and conditions and all Federal required contract provisions herein.. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. as follows: )I j Contractor: larulrn e,4-� � cc c( � �'"/hr Z �. o' s-0 ° Mailing Address: - t r- r __ �.. Phone Number: E.I.N.: C Email; - 1 f Date: 4 Signed: Nate Title t Mf ° Contractors Witness signature: k Witness name: f f: Date: i" r _,— The County accepts the above proposal: MONROE COUNTY, FLORIDA Date January 26, 2022 By: County Administrator or Designee MONRUE COUNTY ATTOI'YNEY'S C FF►CE .ApPROVE6 AS TO FORM Page 16 of27 NON-COLLUSION AFFIDAVIT i, k of the city of according to law on my -oath, and under penalty of perrury, depose and say that: 1 1 am OCA) '-i e--,— ofthefirmof the proposer making the Proposal for the project described in the notice for '_ calling for proposals for: 4A,_' Q v -4 and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Proposer) (Date) STATE OF: I— COUNTY OF: LVI 0 r)c"J", Subscribed and sworn to (or affirmed) before me, by means of�physical presence or El online notarization, on (date) by 11 (name of affianty. He/She is personally known to me or has produced (type of identification) as identification, A A4 Z NOTARY PUBLIC Acn'd 6 G 3,E 15 1 My commission expires: L/Z/z (SEAL) OF V-V "I Page 17 61`21"" LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: - COUNTY : y,#1 ry Subscribed and sworn to (or affirmed) before me, by means of)kphysical presence or 1:1 online notarization, on 20 (date) by L L (name of affiant). He/She is personally known to m or has produced as identification. (Type of identification) }lY4§}Ili###{t'08f g,�' tA .M aTA NOTARY PUBLIC z My commission expires: or , , v.'. ` ;: , ,c (SEAL) ? Id,. yi 111"1#9R z i I'll, Page 18 of 27 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance e,ith Florida Statute,,Sec. 287.087 hereby c rtifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (I), noti Ties the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. f , f � Propose t s$ignature t Date STA'rE OF: COUNTY OF: Subscribed and ,,,Nvorn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on (date) — m (name of attiant) IIC/Sheis rsonally known to me ter has produced - - _ �FA y3y4CY 811 fdrjyFd (type t�fid tintificatron) as identifie Lion, ^' s,1 to Aj NOTARY PtJBf.IC (SEAL) My Commission Expires: ,, FOB= tt. ` Page PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither ►�b (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. M ,le,. '`r1 (Signature) r� Date: r STATE OF: an COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on the day of , 20,,?)- , by 4 t e � ,"' ,", name of affiant . He/She is personally known tome or has produce (type of identification) as identification. E Dire, a - TARS , My Commission Expires: - bpi r d °Usk C M NOTARY PUBLIC OF B. S`4 ( 7tr3.epk,,1stit��' Page 20 of 27 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS urYt: o e Project Description(sy "7"k-> ,..o �k 4 e-,, e c P r • ° 444.. Respondent Vendor Name: Vendor FEK 4/ 06 / 0 C) Vendor's Authorized Representative Name and Title: c ° Address:30 . 1'� - City' �e State: f Zip: fT F hone`1umber :S /'a Email Address: ca qz� t.a s .F7C � Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel.. Certified By: who is authorized to sign on behalf of the above referenced company D Authorized Signature, _ - .�� Print Name: ('I cllv- 7< tJ Title L[i I , .w w` Note: The List are available at the following Department of Management Services Site: 1Inatr on,' onvlct i CI 3p );l rd�.waits ver)dor lisAs Page 21 of 27 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors,Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work,resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time,except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules.Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide,to the County,as satisfactory evidence of the required insurance,either: •Certificate of Insurance or •A Certified copy of the actual insurance policy. The County,at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured"on all policies,except for Workers' Compensation. Page 22 of 27 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department. Page 23 of 27 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMI3N'fS Workers Comp Employers Liability $100,0001$500,0001$100,000 Bodily Injury by Accident/Bodily In by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage, tine, penalty or business interruption, and (iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of"this Agreement, (I3) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms or this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Page 24 of 27 Statutes. Insofar as the claims,actions,causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. 1< kv e-I tom. z-- PROPOSER Signature Page 25 of 27 INSURANCE 6QENTS STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are x0ccurrenee Claims Made 5 U04 tics\ Insurance Agency Signature Page 26 of 27 MONROE COUNTY, FLORIDA RE QUEST FOR WAIVER OF INSURANCE REQUIRE,MENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract, ContractorNendor: .... .. .................... Project or Service: ............ Contractor/Vendor Address & Phone General Scope of Work: ............................ ....... Reason for Waiver or Modification: ............ ------ .............. ........ ... ...... ..................... Policies Waiver or Modification will apply to: --- ................—........... Signature of Contractor/Vendor: .. . ........... Date: Approved Not Approved Risk Management Signature., Date: County Administrator appeal: Approved; Not Approved: Date: Board of County Commissioners appeal- Approved.- Not Approved: Page 27 of 27 ("",,(""" DATE(MMIDDIYYYY) , - - CERTIFICATE OF LIABILITY INSURANCE 1/20i2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poilcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 'PRODUCER CONTACT Great Scot! Insurance, Inc. NAME: Daniel Wall 12155 Metro Pkwy ( C,No,CKQ) 23g-661-3400 _ WCC set•239-561-049 Suite 28A A00REss dan@gsiinsurance,com Fort Myers FL 33966 IN SURE NIS)AFFORDING COVERAGE NAIC INSURER A:Imperiurtl Insurance Company-HIIIG 35408 INSURED H:A"MI41T1=.Id•01 INBURERB. Hammerhead Termite Control, Inc. 30385 Quail Roost Trail INSURER c_l _ Big Pine Key FL 33043-3350 INSURERD; INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1406216618 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADbL SUBN: POLICY EFF POLICY E%P.. LIMITS.. _r POLICY NUMBER r MIFOD(YYYY "MMIDOBYYYY A X COMMERCIAL GENERAL LIABILITY Y IIC-GL-04544-06 12/17/2021 12117/2022 EACH OCCURRENCE T 1 81,i700,00'!} CLAIMS-MADE X I OCCUR j DAMAsaF,fORFNTH) APPROVED BY RISK MANAGEMENT PREMISES(En S 100,000 t BY a •= s ME1 EXP(Any are person) ,5,000 PERSONAL&ADV INJURY 1,000,00L1_ UEN'L AGGREGATE LIMil APPLIES PER WAVER WA YES GENERAL AGGREGATE $2,000,000 X Pot icy( J E,CJS' r LOU — PRODUCTS COMP/OP AGO 52,000,000 EC; OTHER - S.... A AUTOMOBILE LIABILITY Y 11;C-CA-00968-06 12/17/2021 12/1712022 COMBINER SINGLE LIMIT $1,000,000 ( ANY AUTO : I:a a�:ciderl,) BODILY INJURY(Per o aasonl i$ OWNED Xr AUTOS SCHEDULED AUTOS ONLY 90...OILY INJURY IPar rtc�.dean1l.$ I X HIRED x I NON-OWNED PROPERTY DAMAGE -....... AUTOS ONLY AUTOS ONLY (I>rtFr te;Ci3cnl) X !COMP$1 AW X COLL$1,000 ?S UMBREL'LALIAB OCCUR EACH OCCURRENCE S EXCESS LIAO CLAIMS-MADE AGGREGATE S L.. DFD RT7ENTION$ _t WORKERS COMPENSATION i PER (QTti I .AND EMPLOYERS'LIABILITY YIN :STATUTE I I ER_ ANYPROPRIETORIPARTNERJEXECUTIVE 1 1 E I. EACH ACC+D ENT 3 OFFICER/MEM®ER EXCLUDED? _ N I A (Mandatory In NNp E I...DISEASE.-EA EMPLOYEE;$ IF yes,describe under DESCRIPTION OF OPERATIONS below ! Im L..DISEASG.`POLICY LIMS T,.$ A EQUIPMENT FLOATER ''.. IIC-IM-00395-06 12/1712021 12/17/2022 INLAND MARINE LIMIT 107,000 A PROPERTY IIC-CP-00567-06 12/17/2021 12/1712022 CONTENTS LIMIT 10,000 E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Exterminator Certificate holder is named as additional insured with regard to general liability policy and Auto Liability. Reference Number:FX00000264 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 9)1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE .CERTIFICATE OF LIABILITY INSURANCE °ATI2/21D2021) 1a/a1/zozl _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this cert)fica a does not confer rights to the certificate holder In lieu of such endo ement s. PRODUCER CONTACT REGAN INS AGENCY INC PHO?it'z FAX 90144 OVERSEAS HNY N M _ AhC No; E-MAIL TAVERNIER ADDREsse FL 33070 2 9WJM INSURER(S)AFFORDING COVERAGE NAIC it INSURERAFLORIDA N.C. JUA INSURED INSURERS: HAMMERHEAD TERMITE CONTROL INC INSURERC: 3038S QUAIL ROOST TR BIG PINE KEY FL 33043 INSURER0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS.- ADDL SUBR POLICY EFF POLICY EXP LTR. TYPEOFINSURANCE INSD WVO POLICYNUMBER____ MM/OD/YYY 'MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S -. - "'"'" DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Me occurrence) $ MED EXP IAn oneperson) S PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL S r?swo PROJECT M LOC PRODUCTS»COMPIOPAGG 3 S AUTOMOBILE LIABILITY APPROVED BYI RISK MANAGEMENT COMBINED SINGLE LIMIT Ea accIdeM f ANY AUTO BY ,.�--,. ""'..�.�. '' "" BODILY INJURY fFer rson. 3 OWNED AUTOS SCHEDUtJ O 80DILY INJURY Per aeeldent S ONLY AUTDs DATE,_ 1/26/2022 PRO HIRED AUTOS NON DINED ONLY AUTOSDNLY WAVER NIA YES (Paracdden S UMBRELLA LIAR OCCUR - _ -- EACH OCCURRENCE _ S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTION S 3 A WORKERS COMPENSATION AND EMPLOYERV LIABILITY (6FR13UB-6047011-8-21) 12-12-21 12-12-22 X STATUTE I ER ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED7 Y/N E.L.EACH ACCIDENT S 100,000 (Mandatory In NH) Y NIA N 100,000 If yes,describe under E.L.OISEASE-EA EMPLOYE S DESCRIPTION OF OPERATIONS below_ E.L.DISEASE-POLICY LIMIT S SOD,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If more apace Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MONLUS COUNTY HOCC EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURANCE COMPLIANCE AUTHORIZED REPRESENTATIVE PO BOX 10008S FX DULUTH GA 30096 L. 44A 7,X.- 01988-201 ACORD C RPORATION. ghts reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD (Rev.09.1 S) department of glgriculture anb conoumer befteg BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires _.. December 3,2021 JBI13477 November 30,2022 THE PEST CONTROL COMPANY FIRM NAMED BELOW HAS REGISTERED UNDER TIM PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING:November 30,2022 AT 30385 QUAIL ROOST TRAIL' BIG PINE KEY,FL 33043 ion Gener al Ho HAMMBRHEAD TERMITE CONTROL,INC. al 30383 QUAIL ROOST TRAIL General Household Pest and Rodent Control BIG PINE KEY,FL 33043 Lawn and Ornamental Termite and Other WDO Control nt NICOLE"NIKKI"FOIED.ACOMNUSSIONER 2021 / 2022 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEBER 30, 2022 RECEIPT# 47145-84889 Business Name: HAMMERHEAD TERMITE CONTROL WEINBERG MARK PRES 30385 QUAIL ROOST TRAIL Owner Name: Business Location: BIG PINE KEY, FL 33043 Mailing Address: 30385 QUAIL ROOST TRAIL Business Phone: 305-515-2800 BIG PINE KEY, FL 33043 Business Type: PEST CONTROL(PEST CONTROL) Employees 1 STATE LICENSE: IE48947 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 130-20-00002464 07/12/2021 22.00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2022 Business Name: HAMMERHEAD TERMITE CONTROL RECEIPT# 47145-84889 30385 QUAIL ROOST TRAIL Owner Name: WEINBERG MARK PRES Business Location: BIG PINE KEY, FL 33043 Mailing Address: Business Phone: 305-515-2800 30385 QUAIL ROOST TRAIL Business Type: PEST CONTROL(PEST CONTROL) BIG PINE KEY, FL 33043 Employees 1 STATE LICENSE: 3E48947 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Pafd 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 130-20-00002464 07/12/2021 22.00 30385 Quail Roost 7Yail TERMITE CONTROL WORK ORDER Big Pine Key, FL 33043 Phone: (305) 515-2800 Fax: (305) 515-2808 2194420 www.tentfumigation.com INFO@TENTFUMIGATION.COM 11/15/2021 � Date MONROE COUNTY PUBLIC W MUST GO OVER EXTERIOR PREPARATIONS PRIOR Homeowner or Seller Buyer f y (1 applicable) Bill To 490 63RD ST OC SCHEDULING Street Address(Treating Address) Street Address(Mailing Address) MARATHON FL 33050 C+ty State Zip Code City State Zip Code EMHQ Business Phone Home Phone Type Structure Cubic Footage Month Day Year Initial Treatment HAMMERHEAD TERMITE CONTROL PAYMENT is hereby authorized to treat the premises 6,025.00 descdbed above for the control of: $ Initial Treatment FUMIGATION Z]Drywood Termites $ included One Year Limited Guarantee Wood Borers 0.00 MANLIFT 0 Powder Post Beetles $ _ m O't�et Fees CHEMICAL CONTROL-See Reverse Side $ Tan Subterranean Termites 6,025.00 On the basis of: $ Total Amount Live Infestation Evidence Infestation $.. _ Less Deposit(minimum 50%) p Prevention 6,025.00 ®No inspection $ Balance Due upon completion Notice of Treatment will be placed 1 100.00 (LOCATION) Annual Renewal Fee$ O Credit Card O VISA O MC O AMEX O Disc. Card plumber „W_,„.....,,,,_,,,, _,,,,, Exp.Date, _ THIS CONTRACT CONTAINS DISCLAIMERS, LIMITATIONS, CONDITIONS AND/OR EXCLUSIONS GENERAL PROVISIONS 1.During the term of this Agreement, Hammerhead will reinspect periodically upon the reasonable request of the Customer and any necessary further treatment will be provided for no additional charge.Customer agrees to make the premises available for reinspection. 2.Hammerhead will renew this service annually for the premises for$1,100.00 per year payable on or before each annual renewal date, provided that the company shall have the right to revise the annual renewal charge beginning the sixth(6th)year from the date of initial treatment. A second revision will be done begining of the twelfth )12th)year from the date of initial treatment. 3.This Limited Guarantee is transferrable to a new owner but we must be notified In writing prior to the change. 4.COVERAGE IS FOR RETREATMENT ONLY.Hammerhead shall not be responsible for PAST,PRESENT OR FUTURE TERMITE OR OTHER WOOD DESTROYING INSECT DAMAGE to property or contents,or for repairs or compensation therefor.The only obligation of Hammerhead shall be to provide the necessary additional-treatment to the premises,at no extra cost, if live infestation of the above wood destroying insect is found In the premises during the term of this agreement. 5.This agreement covers the premises diagrammed on the Graph as of the date of actual treatment,and in the event the premises are structurally modified.altered or otherwise changed after date of initial treatment,this agreement shall terminate unless a prior written agreement shall have been entered into by the Customer for Hammerhead to reinspect the premises.provide additional treatment and/or adjust the Annual Renewal Fee. 6.This agreement shall be effective only upon payment of the charge provided for herein, 7.In the event the Customer defaults on any installment.the entire balance due hereunder shall become Immediately due and payable with Interest at the rate fixed by law, and the Customer shall reimburse Hammerhead for It's cost for collection, including reasonable attorney's fees. B.This agreement may not be changed In any way by any representatives of Hammerhead or me unless it is changed in writing and signed by a corporate officer of Hammerhead. I have had no representations or inducements made to me except what is written in this agreement. 9.This will acknowledge that the Customer has read,understands and agrees to abide by the HOMEOWNER'S PREPARATIONS FOR FUMIGATION PROCEDURES as set forth on the attached form. Accepted By: HAMMERHEAD TERMITE CONTROL X Date signature BY BRYAN 1 E:INBERG _ Representative Print Name White-Office Copy Yellow-Customer Copy FLORIDA KEYS Contract#: 73880-121021192802-5707 625 OVERSEAS HWY STE 101 KEY WEST,FL 33040-5603 Inspection Date: 12/10/2021 rERNIN/X3052920530 Inspector: JONES,WILLIAM M. Homeowner MONROE COUNTY Name: Address: 490 63RD ST.OCEAN City State MARATHON,FL,33050 Zip: Home Phone: Work Phone: Ultimate Protection Home ftmst Inspection Please pay special attention to findings and comments below as these may indicate conditions that can lead to termite and pest problems. PROPERTY DETAILS Linear Feet: 300 Built Pre 1985: ❑ Primary Use: Other # of Stories: 1 Roof Type: Gravel Roof Foundation Type: Concrete Accessible Construction Type: Crawls ace Siding: Stucco Industry Type: Other Square Footage: Lot Size: #of Gas Meters: 0 Cubic Feet: 145 Eave Height: 10 Peak Height: 12 PROPERTY HAS A: Cistern: ❑ French Drain: ❑ Well: Visible Pond, Lake, Stream, or Waterway: ❑ Sprinkler System Present: ❑ Exterior Slab (False Porch) Over Basement Area: ❑ Gas Meter Have 3' Clearance: ❑ CONDUCIVE CONDITIONS Indications of pests, rodents, termites, 19 Live Subterranean Termites ❑ wildlife, or other wood-destroying pests? Found? Damage Found? Trees/shrubs on or against home? Conditions on or around foundation Foundation slab/wall visible? ❑ conducive to termite attack? Conditions allowing water to collect around ❑x Openings large enough for structure? pest/rodent/wildlife entry? Gutters and downspouts clear of debris and ❑ Siding Less Than 6" From ❑ standing water? Grade: Styrofoam Insulation or "DRI-VIT" Below ❑ Wood embedded in concrete? ❑ Grade? Breeding Sites: None FLORIDA KEYS Contract#: 73880-121021192802-5707 625 OVERSEAS HWY STE 101 KEY WEST,FL 33040-5603 Inspection Date: 12/10/2021 TERNINIX3052920530 Inspector: JONES,WILLIAM M. ® � r PROPERTY DETAILS Sump Pump: ❑ A/C - Heat Ducts in or Below Slab: ❑ Plenum A/C - Heat System: ❑ Radiant Heat: ❑ CONDUCIVE CONDITIONS Indications Of Pests, Rodents, Termites, 0 Live Subterranean Termites Found? ElWildlife, Or Other Wood-Destroying Pests? Damage Found? 0 Obvious Signs Of Leaks? ❑ Musky Odors? ❑ Bath Traps Installed Where Applicable? ❑ Wall Separation/Cracks? ❑ Sagging Or Bouncing Floors? ❑ ATTIC Number Of Attics: Attic Access Location: None Indications Of Pests, Rodents, Termites, Wildlife, Or Other Wood-Destroying Pests? ❑ Adequate Ventilation? Adequate Insulation R-Value? Obvious Signs Of Leaks? Attic Vents Screened? Asbestos Present? - CRAWL SPACE Number Of Crawl Spaces: Crawl Space Access Location: Height Of Crawl Space: High Point Of Crawl Space: Low Point Of Crawl Space: Distance Between Joists: Depth Of Joists: # of electrical connections: Indications of pests, rodents, termites, wildlife, fungi, or other wood-destroying pests? p Wood debris, stored material or structure/ground contact? Excessive Moisture? Visible Plumbing Leaks? Cracked foundation walls/supports? Sagging Or Cracked Wood-Earth Contact? Wood Debris In Crawl Floor Joists? Space? Inadequate Ventilation In Wood Embedded In Entire Crawl Space Crawl Space? Concrete? Accessible? INSPECTOR'SOF DAMAGE Drywood termites in the building Date: 12/10/2021 TECHNICIAN'S STATEMENT OF DAMAGE Date: FLORIDA KEYS Contract#: 73880-121021192802-5707 625 OVERSEAS HWY STE 101 KEY WEST,FL 33040-5603 Inspection Date: 12/10/2021 TERNINIZ3052920530 Inspector: JONES,WILLIAM M, Di-ywoo(ITermiles hi The Building no attic no rodent activity WT SOL &AOL deck cut trees off buildin deck low r. Scale 1: This graph is a record of a visual, non-destructive inspection by Terminix of certain readily accessible areas of the identified property for visible termite infestation/damage. Terminix is not responsible for repairs to damages disclosed above. In addition, hidden damage may exist in concealed, obstructed or inaccessible areas. No attempt to remove siding, plastic or sheetrock insulation, carpeting, paneling, etc. to search for hidden damage was made. Terminix cannot guarantee that the damage disclosed by visual inspection of the premises shown above represents the entirety of the damage which may exist as of the date of the initial control application. Terminix shall not be responsible for repair of any existing damage including without limitation, any damage which existed in areas or in structural members which were not accessible for visual inspection as of the date of this graph. FLORIDA KEYS Contract#: 73880-121021192802-5707 625 OVERSEAS HWY STE 101 KEY WEST,FL 33040-5603 Inspection Date: 12/10/2021 TERM/NIX3052920530 Inspector: JONES,WILLIAM M. PROPERTY ELEMENTS Exterior Gas Grill Water Shut-Off Sprinkler Shut-Off Gas Meter Air Conditioner u�s4��i Cistern � y4, ^"t' Exterior Slab Over Inaccessible 't Basement Area Area(s) r� (� �I i Sump Pump sl3 }(, Visible Waterway KEY TO EVIDENCE Access Holes Allowing Pest Ant Activity Bed Bug Activity Bird Activity Entry Carpenter Ants I Cellulose Debris Dampwood Termites M Drywood Termites Earth Contact Existing Damage Excessive Moisture Gnaw Marks/Debris Fungus 13 �- Faulty Grade ��' Flies `' Formosan Termites (Rodent) Missing M M Large Gaps Mice Mosquitoes Screens/Vent Covers PM ossible Hidden M Powder Post M ,Powder Post Beetle Rigid Board/ Foam Damage Beetles Damage2 Insulation At Or Below Grade Rigid Board/ d5 Roaches Mj Foam Insulation Rodents Rodent Waste r t at or Below (Droppings) Grade I Rodent Rodent Tunneling Rodent TunnelingUnder Slab Or � Rub Marks $ Droppings In Insulation (Rodent) Concrete Pad Styrofoam Insulation Siding Less { Or DRI-Vit Below M Subterranean M Than 6" From (fit'; Spiders Grade Grade Termites Termite M Active Termites Wood Boring Beetles I Wood Debris In Damage Crawlspace Wood F Embedded In Concrete FLORIDA KEYS Contract#: 73880-121021192802-5707 625 OVERSEAS HWY STE 101 KEY WEST,FL 33040-5603 Inspection Date: 12/10/2021 TERNINIX3052920530 Inspector: JONES,WILLIAM M. MENEENEEM GENERAL TREATMENT SPECIFICATIONS 117 Trench or trench/rod soil adjacent to exterior 117A Vertically drill exterior attached slabs and treat soil foundation walls beneath along point of attachment Excavate soil beneath dirt-filled porch slab at Vertically drill the dirt-filled porch slab and treat the 118 points) of attachment to the structure and 120 soil beneath the slab along the point(s) of treat soil beneath attachment to the structure 121A Drill the exterior foundation wall of a crawl space or basement from the inside and treat the soil immediately beneath the dirt-filled porch slab by short-rodding along the point(s) of attachment to the structure Drill through each side of the dirt-filled porch foundation wall per product label specifications and treat the 121B soil immediately beneath the dirt-filled porch slab by short-rodding along the entire inside perimeter of the DFP 121G Drill foundation walls of the dirt-filled porch and treat the soil immediately beneath the slab by long-rodding adjacent to the entire inside perimeter of the DFP 128 Trench, remove, and treat soil by the Backfill 129 Drill and treat voids of a double brick foundation Method (see label) wall per product label specifications 130 Drill and treat voids of a stone foundation wall 131 Drill and treat voids of a triple brick foundation wall per product label specifications per product label specifications Drill and treat voids of a hollow block 132 foundation wall per product label 133 Drill and treat voids of a brick veneer foundation specifications wall per product label specifications 134 Drill and treat all voids of a chimney per 138 Drill and treat a subterranean termite infested product label specifications wooden sill or plate 140 Drill and treat a subterranean termite infested 145 Drill into voids of termite infested wood and inject wooden j oist/s product into inaccessible voids ,termite galleries and nests Make small openings into termite shelter Make multiple openings into carton nests in building 146 147 voids or in trees and make multiple injections of tubes and inject product inside products to varying depths 160 Trench, trench and rod, or rod soil of planter box adjacent to the exterior foundation wall according to state specific treatment standards or to label directions, whichever apply 501 Install In-ground Monitoring Station NON-CHEMICAL TREATMENT SPECIFICATIONS 101 Provide at least 14" clearance between wood 102 Install access to ceiling of basement for inspection and soil in the crawl space and/or treatment 104 Install door/s to provide access for treating 105 Install crawl space access door soil adjacent to plumbing Remove cellulose debris and/or any other debris 106 Install Automatic Vents 109 that would interfere with inspection or treatment in the crawl space 109A Remove form boards 110 Scrape off termite tunnels 111 Set wooden supports on concrete pads to 135 Cut off stucco at least 3" above grade and remove properly insulate wood to soil contact stucco below grade 149 Remove wood to ground contacts 152 Break ground contact on step stringers 161 Prepare floor surface for drilling 205 Install a vapor barrier over the soil of a crawl space 206 Install floor supports to provide additional support FLORIDA KEYS Contract#: 73880-121021192802-5707 625 OVERSEAS HWY STE 101 KEY WEST,FL 33040-5603 Inspection Date: 12/10/2021 TAFRN/NIX3052920530 Inspector: JONES,WILLIAM M. BASEMENT TREATMENT SPECIFICATIONS 122 Vertically drill basement concrete slab floor 144 Drill and treat basement door frames and treat the soil beneath CRAWL SPACE TREATMENT SPECIFICATIONS 114 Trench or trench/rod soil adjacent to the 115 Trench or trench and rod soil adjacent to the piers inside of the foundation walls of a crawl space of a crawl space 116 Trench or trench and rod soil adjacent to soil 119 Trench or trench and rod soil adjacent to a chimney pipes of a crawl space of a crawl space EXCLUSION/WILDLIFE TREATMENT SPECIFICATIONS 900 Trap - Wildlife 901 Install Mushroom/Turbine Vent Cage - Roof 902 Seal Mushroom/Termite Vent - In Attic 903 Install Plumbing Vent Cap - Roof 904 Screen Gable Vent 905 Screen Foundation Vent 906 Screen Soffit Vent 907 Repair Roof Return 908 Seal Pipe Penetration 909 Seal Hole In Wall/Foundation, Floor, Etc. 910 Install One-Way Door Exclusion Cage 911 Install Garage Door Seal 912 Install Dryer Vent Cover - Wall 913 Install Oven Vent Cover - Wall 914 Install Oven Vent Cage - Roof 915 Install Chimney Cap PRE-CONSTRUCTION TREATMENT SPECIFICATIONS Vertical treatment zone -trench or trench and Vertical treatment zone - trench or trench/rod soil 171 rod soil adjacent to pillars and other interior 172 adjacent to utility pipes, plumbing lines, and foundation elements such as chimneys and conduits that will penetrate through the slab (1 soil pipes gallon/sqft) Horizontal treatment zone - make a horizontal Vertical treatment zone - upon completion of 173 treatment to the entire surface area of soil or 174 grading along the outside of the exterior foundation substrate to be covered beneath the concrete wall, treat the backfill by trenching or slab trenching/rodding the soil adjacent to the exterior foundation wall SLAB TREATMENT SPECIFICATIONS Drill the slab per product label specifications 122A along the expansion joint where two slabs 123 Treat soil adjacent to plumbing penetrations meet and treat soil underneath Drill the slab along one side of the partition Drill the slab along both sides of a load-bearing wall 123A wall per product label specifications and treat 123AA per product label specifications and treat the soil the soil beneath beneath Drill through the exterior foundation wall Vertically drill the slab along the inside perimeter of 124 immediately below the slab per product label 126 the foundation walls and treat the soil beneath the specifications and treat the soil beneath by slab short-rodding from the outside ZM COMMERCIAL DRYWOOD OOR TERMITE SERVICE PLAN THIS AGREEMENT PROVIDES FOR THE ARRANGEMENT OF TREATMENT OF A STRUCTURE FOR DRYWOOD TERMITES(KALOTERMES SPP., INCISITERMES SPP., CRYPTOTERMES SPA) BUT DOES MOT PROVIDE FOR THE REPAIR OF DAMAGES CAUSED BY SUCH DRYWOOD TERMITES. PLEASLREAD T141S ENTIR11I DI HE"TERMS rhN C Iwl IO �'BIR+oRE'Sllwf (). Customer MONROE COUNTY Main Phone ALT Phone Customer Mailing Address Property Address 490 63RD ST. OCEAN, MARATHON,FL 33050 Description of Other Email Structure(s)Covered SERVICE PAYMENT TERMS INITIAL CHARGES*(Initial Inspection and Initial Term Fee)........................................ .. ............. $ 10715.00 ANNUAL RENEWAL CHARGE*............ OWNERSHIPTRANSFER FEE*.,................__..................................... ................. ...............__......................... $ .00 BILLING FREQUENCY .....,..,. Annual *Excludes tax(if applicable) THE TREATMENT IS ONLY FOR THE CONTROL OF THE STRUCTURES AS IDENTIFIED ON THE INSPECTION GRAPHS FROM DRYWOOD TERMITES(K' ALOTE`RMES $PP., INCISITERMES SPPEAN . CRYPTOTERIIf,E3 SPP TERMITZS(COLLE IVELY "D�IYINOOI) TP RIM- INFESTATIONS. THE `TREATMENT DOES NOT SPP.)CONTROL FROM AND FORMOSAN TERMITTE OPTOTERMS. SPA INFESTATIONS OR OTHERRETICULffERMES �WOOD-DESTROYIHG ORGANISMS IN LtIDINO, BUTNOT LIMITED COPTOTERMES I TO DAMPMIWOOD TERMITES,CARP NTER ANTE,I�QIIIYD R•POST BEETLES DR WOOD-DECAY FUNGI. TERMINIIX MAY ARRANGE FOR THE PERFORMANCE OF THE WORK TO ANOTHER LICENSED COMPANY.TERMINIX SHALL NOTIFY YOU,THE CUSTOMER, IF THE WORK SHALL ft PERFORMED BY AN ENTITY OTHER THAN TERMINDL IN THE EVENT THAT THE WORK IS TO BE PERFORMED BY A SEPARATE ENTITY,YOU,THE CUSTOMER,CONSENT AND AGREE TO THE WORK BEING PERFORMED BY SUCH ENTITY. CUSTOMER SIGNATURE For All Residents: As required,Terminix has provided the Customer with a copy of any federal,state or locally required documents regarding the treatment for the above-name d property. !For Calllornl�� 1IR Terminix has provided to Customer for review and execution the Wood Destroying Pests and Organisms Inspection Report as required by Cal.Bus.&Prof.C ode§8516,which,along with the Inspection Graph referenced on Page 2 and any service records provided to Customer,is a part of this Agreement and is incorporated by reference herein. Customer will be or has been provided with the Notice to Owner/Tenant as required by Cal.Bus.&Prof.Code§8538. Customer will be or has been provided with the Occupants Fumigation Notice and Pesticide Disclosure Statement as required by Cal.Code of Regulations,Titl e 16,Article 4, §1970.4. Customer will be or has been provided with the following Notices:(a)Preparation by Owner or Occupant Prior to Fumigation Notice and(b)Fumigation Servic es Notice. For Florida Residents- A treatment sticker will be laced on the electrical box bj the service provider upon job,,comi2letion. CUSTOMER ACCEPTS AND AGREES TO THE TERMS,CONOMONS,RESTRICTIONS,LIMITATIONS AND IONS ON PAGES 1-2 OF THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTIONS 19 AND 20 OF THE TERMS AND CONDITIONS ON PAGE 2 OF THIS AGREEMENT. CUSTOMER AGREES THAT THE INSPECTION GRAPH AND THE WOOD DESTROYING ORGANISM APPLICATION RECORD PROVIDED TO CUSTOMER CONSTITUTES PART OF THIS AGREEMENT AND IS FULLY I ORPORA if ENCE. Customer's Authorized Customer's Company Representative Name: MONROE COUNTY (signature) Date: Terminix Terminix Representative Representative Name: JONES,WILLIAM M. (Signature): Date: Terminix Branch Phone: 3052920530 Terminix Branch Charter No.: Terminix Branch Address: 625 OVERSEAS HWY STE 101, KEY WEST, FL 33040-5603 www.terminix.com Key#40072 COMMERCIAL DRYWOOD SERVICE PLAN(v 2,21.2019) in the event you nave any questions or complaints, you may contact a I erminix representative Dy calling i.tjuu.I tLL I MA (1.800.835.5869). TERMS AND CONDITIONS INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.TERMINIX'S PROCUREMENT OF THE SERVICES ARE PROVIDED"A 1. CALIFORNIA-ONLY CONSUMER INFORMATION: S IS," EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, TERMINIX AND ITS AFFILIATES(A) MAKE NO REPRESENTATIONS OR WARRANTIES OF (a) CAL.BUS.S PROF.CODE 69516 REQUIREMENT.Terminix shall conduct a fu ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING It inspection of the Structures for wood destroying pests and organisms THE SERVICE DELIVERED BY PROVIDER OR ANY OTHER THIRD PARTY AND(B)DISCLAIM and Provide a written report to Customer within ten(10)business days of ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES(I) OF the date of the inspection and prior to commencing the provision of arty MERCHANTABILITY, SATISFACTORY OUALtTY, FITNESS FOR A PARTICULAR PURPOSE, services under this Agreement in accordance with Cal.Bus.9 Prof.,Code NON-INFRINGEMENT OR QUIET ENJOYMENT, (Ip ARISING OUT OF ANY COURSE OF §8516. DEALING OR USAGE OF TRADE,(III)THAT THE SERVICES WILL BE ERROR FREE OR FREE (b) NOTICE OF WORK COMPLETED AND NOT COMPLETED..Within ton(10)bu OF HARMFUL COMPONENTS sines days of the date of the completion of the initial fumigation service, Terminix will file with the California Structural Pest Control Board and 12. OWNERSHIP TRANSIFER.Upon transfer of ownership of%ho,Structure(s),Services may be c furnish to Customer a copy of the written Notice of Work Completed and ontinued upon request of the new owner and upon payment of the Ownership Transfer Fee Not Completed in accordance with CaL Bus.&Prof.Cade§8518 and Title set forth on page I of this Agreement.In addition,Torminix reserves the right to revise the 16,Article 4,§1996.2 of the California Cade of Regulations respectively, Renewal Term Fee upon transfer of ownership,TerminIx reserves the right to deny transfer to the now owner In Its sole discretion In the event the new owner fails to request 2. GIIN� AL DESCRIPTION.By executing tfaas Drywood Termite Plain (hereinafter the"A continuation of this Agreement or does not Agree to pay the transfer tee of the revised.. rggmefr ),Customer and Torminix agree that.:a)Terminix shall procure on Custamer`s Renewal Term Fee,this Agreement will terminate automatically as of the date of the change behalf the Services(as defined below).at the Structures identified on page I of this of ownership. A.yreement and b) Customer shall pay Terminix the Fees stated on the face of this Agreement in exchange for the procurement of such Services. 13. FORCE MAJEURE.Terminix shall not be liable to Customer for any failure to perform or data y in the performance under this Agreement attributable in whale or in part to any cause 3. INITIAL TERM;RENEWAL The term of this Agreement shall commence on the Effective beyond its reasonable control and without its fault or negligence including,but not limited Date..as Indicated on page I of this Agreement and shall continue for one year(trim"nitpi. to, acts of God, fares, floods, earthquakes, strikes, unavailability of necessary utilities, nyi Term"),unless terminated earlier as set forth herein..The Customer may extend the blackouts, government actions, war, civil disturbance, insurrection or sabotage. Initial Term for additional one-year periods (each a 'Re_nGWitlt TRref1-) for so long as Additionally, Terminix shall not be liable to Customer and this Agreement shall be Customer owns the property described on the Inspection Graph by paying the Renewal automatically terminated in the event the Structure(s) are destroyed or substantially Term.Fee set forth in this Agreement prior to the expiration of the initial Term or any damaged due to an event beyond Terminix's reasonable control including,but not limited Renewal Terris, The Renewal Term Fee shall remain fixed for the first Renewal Term, to,acts of God,fires,storms,hurricanes,floods or earthquakes. However, Termin€x has the right to modify the Renewal Term Fee applicable to any Renewal Term following the first Renewal Term upon thirty (30) days' prior written 14.ADDtTIONAL OtSCLAIMERS..This Agreement does not cover,and Torminix will not be respo notice to Customer, nsible for,damage resulting from or services required for:(a)termites and/or any other wood-destroying organisms,except as specifically provident herein this Agreement; (b) 4. FUM Customer shall pay the fees for the Initial Terns and any prepaid Renewal Tern,has moisture conditions including,but not limited to,fungus damage and/or water leakage ad upon the Payment Option selocted by Customer.Customer shall pay the fees far arty caused by faulty plumbing.,roofs,gutters,downspouts and/or poor drainage,(c)masonry. subsequent Renewal Term in the form of check,credit card,money order'or any rather failure or grade alterations;(d)Inherent structural problems'including,but not limited to, payment form acceptable to Terminix, wood-to-ground contacts; (e) termites entering any rigid Team, wooden or cellulose- containing components in contact with the earth and the Structures,regardless of whether S. INSPECTION GRAPH.This Inspection Graph,prepared by Terminix and provided to Custo the component is a part of the Structures,and(f)the failure of Customer to properly cure at mar, is a record of a visual,nan�deztructivo inspection by Torminix of certain readily Customers expense any condition that prevents proper treatment or inspection or is accessible areas of the Identified property for visible termite infestation/ damage. conducive to termite infestation.. Torm€nix is not responsible for repairs to damages identified on the Inspection Graph.in addition, hidden damage or infestation may exist in concealed, obstructer] or 15. CHANGE IN LAW.In the event of a change in existing law as it pertains to the Services here! Inaccessible areas. No attempt to remove siding, plastic or sheetrock insulation, n,Terminix reserves the right to revise the Renewal Term Fee or terminate this Agreement, carpeting.,paneling,etc.,to search for hidden damage or infestation was made.Terminix cannot guarantee that the damage disclosed by visual Inspection of the promises 16. NON-PAYMENT;DEFAULT.In case of non-payment or default by the Customer,Terminix his depicted in the Inspection Graph represents the entirety of the damage or infestation s the right to terminate this Agreement without notice. In addition, cost of collection, which may exist as of the date of the Initial control application..Terminix shall not be including reasonable attorney's fees,shall be paid by the Customer,whether suit is filed or responsible for repair of any damages to the Structures including,without limitation,any not. In addition, interest at the highest legal rate will be assessed for the period of damage which existed in areas or in structural members which were not accessible for delinquency. visual Inspection as of the date of the Inspection Graph.If X.(circled or not)appears on the Inspection Graph,it is advisable that a qualified building expert Inspect We property 17. CHANGE IN TERMS.At the time of any renewal of this Agreement,Terminix may change this to determine what effect,if any,.the Infestation/damage has upon the structural integrity Agreement by adding, deleting or modifying any provision Torminix will notify the of the property. Customer in advance of any such change,and.. Customer may decline to accept such a change By declining to renew this Agreement.Renewal of this Agreement will constitute 6. PLAN SERVICES..Customer and Terminix agree that the Services shall consst exclusively acceptance of any such changes., of the following(hereinafter collectively the' grsfl;,pp,1."):Customer authorizes Terminix on Customer's behalf to(a)Arrange for the Services-to be performed by a third party 18. SEVEIIABILITY.If any part of this Agreement is held to be invalid or unenforceable for any r (the 'Ptoyl(J_er),as applicable;(b)When necessary,issue a work order to the Provider eason„the remaining terms and conditions of this Agreement shall remain in full force and to porfofm Services at Customer's Structures to control for and/or rnitigito against effect. infestation of Drywood termites,(c)Pay the Provider upon completion of the Services and after acknowledgment by the Customer that the Services have been satisfactorily 19. MANDATORY 'nON.Any claim,dispute or controversy,regarding any contract,tort completed;and(d)Conduct a full inspection of the Structures annually or at any time , statute or otherwise ("g afm"), arising out of or relating to this Agreement or the upon the request of Customer for drywood termite activity, relationships among the parties hereto,shall be resolved by one arbitrator through Binding arbitration administered by the American Arbitration Association(AAq,"'),under the AAA 7, UCENSES,PERMITS,SAFETY RULES AND OTHER LAWS.Each Provider shelf be properly Commercial or Consumer,as applicable,Rules In effect at the time the Claim is filed(i�+,ad,,, licensed,permitted and crodentialod,as required by applicable laws and regulations The 1xtlfe"),Copies of she AAA Rules and dorms can be located at www air erg or by calling Provider shall be solely responsible to Customer for obtaining any and all licenses which 1.600.778-7879. The arbitrator's decision shall be final, binding and anon-appealat5le. are legally required to perform the Services.The provider shall also be solely responsible Judgment upon the award may be entered and enforced in any court having jurisdiction., to Customer for the Services being performed in compliance with all applicable safety This clause is made pursuant to a transaction Involving Interstate commerce and shall be rules,pest control regulations and other laws and regulations.. governed by the Federal Arbitration Act Neither'party shall suo the other party other than as provided herein or for enforcement of this clause or of the arbitrator's award any such B. UNITED PLAN SERVICES;NO COVERAGE FOR DAMAGES.The sole obligation of Termini suit may be brought only in Federal District Court for the District or,if any such court lacks x during the Initial Term or any Renewal Term,as applicable,of this Agreement is as jurisdiction,In any state court that has jurisdiction.The arbitrator,and not any federal,state follows. (a) Perform the Services at the Structures identified above, (b) Provide or local court, shall have exclusive authority to resolve any dispute relating to the additional Services at no additional charge to Purchaser, as deemed necessary b p ,pp y, y, taitrability,enforceability or formation of g y y Hier relation, a- IlCahiht unconsCionabslrt ar Terminix,to provide ongoing prevention.Control and/or elimination of Drywood Termite this Agreement, including any claim that all or any part,of the Agreement is void or colonies:and(c)Conduct a full Inspection of the Structures annually or at any time upon voidable..However, the preceding sentence shall not apply to the clause entitled "Class the request of purchaser for termite activity,THIS AGREEMENT DOES NOT COVER AND Action Waiver" Venue for arbitration hereunder shall be within the state where the TERMINIX SHALL HAVE NO OBLIGATION WHATSOEVER, WHETHER EXPRESS OR customer's property,that is the subject of the services provided,is located. IMPLIED, TO REPAIR ANY DAMAGE CAUSED BY DRYWOOD TERMITES REGARDLESS OF WHETHER SUCH DAMAGE OCCURS PRIOR TO OR SUBSEQUENT TO THE DATE OF 20.CLAS ACTION WAIVER,Any Claire roust be brought in the parties'individual capacity,and ANY TREATMENT. All corrections of infestations Covered by this Agreement shall be not at a plaintiff or class member in any purported Class,collective,representative,multiple completed within 6 months of discovery,unless otherwise agreed to in writing by the plaintiff or similar proceeding('ClgI§.,gr„t151p'),The parties expressly waive any ability to parties. maintain any Class Action in any forum..The arbitrator shall not have authority to combine or aggregate simitar claims or Conduct any Class Action nor make an award to any person or 9 NOTICE DF CLAIMS)TIMUNtI,Any claim made by Customer for Terri to repair any Co entity not a party to the arbitration,Any claim that all or part of this Class Action Waiver is vered Damage must be made in writing to Terminix during the initial Term,any Renewal unenforceable, unconscionable, void or voidable may be determined only by a court of Term or within the one('I)year following the expiration or termination of this Agreement competent jurisdiction and not by an arbitrator THE PARTIES UNDERSTAND THAT THEY ('°ilea a to-d":)„Customer's failure to provide such written notice of a claim within the WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT,TO HAVE A JUDGE OR Claim Period shall constitute an intentional waiver of any such claim, JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER,THE PARTIES UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED 10.CUSTOMIf.R RESPONSIBILITIES-Customer agrees to pay Terminix according to these Ter INDIVIDUALLY,THROUGH ARBITRATION, ins and Conditions.Customer agrees to provide Provider with access to work areas of the Structures during working hours The failure to allow Terminix and/or Provider such 21. GOVERNING LAW.Except for the Mandatory Arbitration Clause in Section 19 of this Agree access will allow Terminix to terminate this Agreement without further notice Customer ment which is governed by and construed in accordance with the Federal Arbitration Act agrees that if Customer or anyone Customer Controls interferes with or delays and Federal law,this Agreement shall be governed by,and construed in accordance with, performance of the Services,Customer may be subject to additional fees. the laws of the state in which the dispute arises without regard to the conflict of laws 11. LIMITATION OF LIABILITY!LIMITED WARRANTY„EXCEPT AS OTHERWISE PROHIBITED BY provisions. LAW,TERMINIX DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR 22.ENTIRE AGREEMENT.This Agreement,together with all exhibits thereto,constitutes the ant INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE AND/OR ire agreement between the parties,supersedes all proposals,oral or written,and all other LOSS OF ENJOYMENT DAMAGES THIS AGREEMENT DOES NOT PROVIDE FOR THE REPAIR communications between the parties relating to such subject matter, and no other OF ANY DAMAGE CAUSED BY DRYWOOD TERMITES, OTHER THAN AS SPECIFICALLY representations or statements will be binding upon the parties. STATED HEREIN. THIS AGREEMENT DOES NOT GUARANTEE,AND TERMINIX DOES NOT REPRESENT, THAT TERMITES WILL NOT RETURN FOLLOWING THE SERVICES 23.Notice for California Coriumem In order to establish an account and provide you with servi DELIVERED BY PROVIDER.TERMINIX DOES WARRANT THAT THE SERVICES DELIVERED Cc,wa may collect personal information about you,such as your name or r ldas(es),physical BY PROVIDER WILL BE PERFORMED BY PROVIDER IN A GOOD AND WORKMANLIKE address; phone number,and/or email address. During the course of business, we will MANNER.TERMINIX'S WARRANTY THAT THE SERVICES WILL BE PERFORMED BY THE maintain service records rotated to your established account. II financing a service via oars PROVIDER IN A GOOD AND WORKMANLIKE MANNER DOES NOT COVER,AND TERMINIX internal financing optlons,we will also collect your social security number and oat(of birth WILL NOT BE RESPONSIBLE FOR,ANY DEFECT IN SUCH SERVICES DUE TO ANY DEFECT, in order to process a credit check for roan purposes,. We do not sell your personal. WEAKNESS OR DANGEROUS CONDITION IN THE STRUCTURES,OR OTHER PRE-EXISTING information. For additional Information about your right's related to data privacy.please PHYSICAL. OR ENVIRONMENTAL HAZARD_ TERMINIX'S WARRANTY FOR PROVIDERS review our privacy policy,available at www,term€nix.com/privacy.. SERVICES SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, www.terminix.com Key#40072 COMMERCIAL DRYWOOD SERVICE PLAN(v 2.21.2019) TERNINIX Summary of Charges Product Renewals Amount Tax Discount Total Amount Initial Term Tent Defend System $10715.00 $0.00 $0.00 $10715.00 Grand Total: $10715 Product Merchandise Quantity Purchaser Payments By signing below, I,the cardholder, have authorized Terminix to process this one-time payment without further signature or authorization from me. Authorization Purchaser Name: MONROE COUNTY Purchaser(Signature): Date: AUTOPAY:Purchaser authorizes Terminix and affiliates including SMAC to automatically debit Purchaser's checking account or credit card,as indicated below, in an amount equal to any recurring service charges due to Terminix under this Agreement within five(5) days of the date such charge becomes due.This authorization will remain in effect until the fifth business day following Terminix's receipt from Purchaser of a written notice to cancel such authorization. Purchaser understands that cancellation of this authorization does not cancel Purchaser's obligations under this Agreement. Terminix Authorization Purchaser Name: MONROE COUNTY Purchaser(Signature): Date: SMAC Authorization Purchaser Name: MONROE COUNTY Purchaser(Signature): Date: TERM/Six THIS AGRER14ENT IS FOR P.E.S.T. OR A CONTRACTOR SELECTED BY P.E.S.T. TO PROVIDE FUMIGATION TREATMENT OF A STRUCTURE CURRENTLY UNDER CONTRACT WITH THE TERMINIX INTERNATONAL COMPANY, L.P. (TERMINIX) TO CONTROL DRYW'OOD TERMITES (KALOTERMES SPP. INCISITERMES SPP, CRYPTOTERMES SPP) OR OTHER TARGET PESTS AS PER THE APPLICABLE PRODUCT LABEL. THE SERVICES BEING PERFORMED BY THE PEST ARE BEING PROVIDED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF YOUR CONTRACT WITH TERMINIX. Customer MONROE COUNTY Main Phone ALT Phone Customer Mailing Address , Property Address 490 63RD ST. OCEAN, MARATHON,FL 33050 Description of Email Structure(s) Covered THE FUMIGATION SERVICES IDENTIFIED HEREIN MAY BE PERFORMED BY P.E.S.T., OR MAY BE PERFORMED BY ANOTHER CONTRACTOR SELECTED BY P.E.S.T. PEST IS NOT RESPONSIBLE FOR WOOD DESTROYING ORGANISM DAMAGE OR DAMAGE RESULTING FROM FUMIGATION TREATMENT. CUSTOMER UNDERSTANDS THAT FUMIGATION OF THE STRUCTURE DOES NOT GUARANTEE THAT ALL TARGET PESTS WILL BE EXTERMINATED OR THAT ALL TARGET PESTS WILL NOT RETURN. CUSTOMER ACKNOWLEDGES THAT WOOD DESTROYING ORGANISM INFESTATION AND DAMAGE MAY BE PRESENT, OR MAY OCCUR IN THE FUTURE AND IN EXCHANGE FOR THE SERVICES PROVIDED BY P.E.S.T. WAIVES ANY CLAIM OR LIABILITY AS TO P.E.S.T. FOR THE SAME. CUSTOMER ACKNOWLEDGES THAT THE PROCESS OF FUMIGATION MAY RESULT IN DAMAGE TO THE STRUCTURE AND/OR ITS CONTENTS, INCLUDING LANDSCAPING NEAR THE STRUCTURE AND HEREBY ASSUMES ALL RISK THEREOF AND WAIVES ANY CLAIM FOR THE SAME AS TO P.E.S.T. CUSTOMER ACKNOWLEDGES THAT IT IS POSSIBLE THAT ILLEGAL ENTRY BY THIRD PARTIES MAY OCCUR DURING THE PROCESS OF FUMIGATION AND THAT CUSTOMER ASSUMES THE RISK THEREOF AND ASSUMES RESPONSIBILITY FOR THE REMOVAL OR SAFEGUARDING OF THE STRUCTURE AND VALUABLES THEREIN. CUSTOMER ACKNOWLEDGES THAT P.E.S.T. DOES NOT PROVIDE SECURITY AGAINST ILLEGAL ENTRY BY THIRD PARTIES AND WAIVES ANY CLAIM AGAINST P.E.S.T.AS A RESULT THEREOF. CONSIDERATION FOR SERVICES PERFORMED BY P.E.S.T.AS DEFINED BY THIS AGREEMENT HAS BEEN SATISFIED BY TERMINIX AND CUSTOMER'S ACCEPTANCE OF SERVICES FROM P.E.S.T. THERE IS NO SEPARATE AMOUNT OWED BY CUSTOMER TO P.E.S.T. FOR THE SERVICES DEFINED BY THIS AGREEMENT. P.E.S.T. IS NOT RESPONSIBLE FOR COLLECTION OF ANY AMOUNT OWED TO TERMINIX BY CUSTOMER. CUSTOMER WILL COOPERATE WITH P.E.S.T. WITH RESPECT TO THE EXECUTION OF ANY ADDITIONAL NOTICES AND ALL PREPARATION AND SAFETY DIRECTIVES REASONABLY NECESSARY FOR P.E.S.T.TO SAFELY PERFORM THE SERVICES OUTLINED IN THIS AGREEMENT IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. A TREATMENT STICKER WILL BE PLACED ON THE ELECTRICAL SERVICE PANEL UPON JOB COMPLETION. CUSTOMER ACCEPTS AND AGREES TO THE TERMS, CONDITIONS, RESTRICTIONS, LIMITATIONS AND EXCLUSIONS ON PAGES 1-2 OF THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS OF THE TERMS AND CONDITIONS ON PAGE 2 OF THIS AGREEMENT. Any claim, dispute or controversy,regarding any contract,tort,statute or otherwise("Cla "),arising out of or relating to this agreement or the relationships among the parties hereto, shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association("AAA"),under the AAA Commercial or Consumer Rules,as applicable. Customer or Representative (signature) Date Customer or Representative (Name and/or title) MONROE COUNTY Authorized Agent(signature)_ Authorized Agent(Name and Title) JONES WILLIAM M. Terminix Sales Professional Company License No. Plantation JB28 T427 Tampa—MR1998 structures for one year tnerearter, at i erminix-s sole applicability, unconscionabiiity, arbitratmity, discretion. THIS AGREEMENT DOES NOT COVER AND PEST enforceability or formation of this Agreement, including SHALL HAVE NO OBLIGATION WHATSOEVER, WHETHER any claim that all or any part of the Agreement is void EXPRESS OR IMPLIED, FOR ANY OTHER OBLIGATION. or voidable. However, the preceding sentence shall not apply to the clause entitled "Class Action Waiver." '. ACCESS TO PROPERTY. Customer must allow PEST access to Venue for arbitration hereunder shall lie in or near the the Structures for any purpose contemplated by this location of the Structure identified in this Agreement. Agreement including, but not limited to, re-inspections, whether the inspections were requested by the customer or & CLASS ACTION WAIVER. Any Claim must be brought in t considered necessary by Terminix or the PEST Failure to he parties' individual capacity, and not as a plaintiff or allow PEST such access will terminate this Agreement class member in any purported class, collective, without further notice. representative, multiple plaintiff or similar proceeding ("Class Action"). The parties expressly waive any ability S, LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROHIBIT to maintain any Class Action in any forum. The ED BY LAW, SUBCONIVITRACTOR DISCLAIMS AND SHALL arbitrator shall not have authority to combine or NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT, aggregate similar claims or conduct any Class Action SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, nor make an award to any person or entity not a party PUNITIVE AND/OR LOSS OF ENJOYMENT DAMAGES. THE to the arbitration. Any claim that all or part of this Class OBLIGATIONS OF PEST SPECIFICALLY STATED IN THIS Action Waiver is unenforceable, unconscionable, void AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER or voidable may be determined only by a court of OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, competent jurisdiction and not by an arbitrator. THE INCLUDING ANY REPRESENTATION OF MERCHANTABILITY PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD OR FITNESS FOR A PARTICULAR PURPOSE. THIS AGREEMENT A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A DOES NOT PROVIDE FOR THE REPAIR OF ANY DAMAGE JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY CAUSED BY DRYWOOD TERMITES. THIS AGREEMENT DOES TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, NOT GUARANTEE, AND PEST DOES NOT REPRESENT, THAT THE PARTIES UNDERSTAND AND CHOOSE TO HAVE ANY TERMITES WILL NOT RETURN FOLLOWING ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH TREATMENTS. ARBITRATION. 4. FORCE MAJEURE. PEST shall not be liable to customer for 9. GOVERNING LAW. Except for the Mandatory Arbitratio any failure to perform or delay in the performance under n Clause of this Agreement which is governed by and this Agreement attributable in whole or in part to any construed in accordance with the Federal Arbitration cause beyond its reasonable control and without its fault Act, this Agreement shall be governed by, and or negligence including, but not limited to, acts of God, construed in accordance with, the laws of the state in fires, floods, earthquakes, strikes, unavailability of which the dispute arises without regard to the conflict necessary materials or utilities, blackouts, government of laws provisions. actions, war, civil disturbance, insurrection or sabotage. 5. CHANGE IN LAW. PEST performs its services in accordant 1o. ENTIRE AGREEMENT. This Agreement, toget e with the requirements of law. In the event of a change her with all exhibits thereto, constitutes the in existing law as it pertains to the services herein, PEST entire agreement between the parties, reserves the right to revise or terminate this Agreement. supersedes all proposals, oral or written, and all other communications between the parties 6. SEVERABILITY. If any part of this Agreement is held to be i relating to such subject matter, and no other nvalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in representations or statements will be binding full force and effect. upon the parties. This Agreement may not be modified or amended in any way without the 7. MANDATORY ARBITRATION. Any claim, dispute or contro written consent of both parties. versy, regarding any contract,tort, statute or otherwise ("Claim"), arising out of or relating to this agreement or the relationships among the parties hereto, shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association ("A AA"), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed ("A AA Rules"). Copies of the AAA Rules and forms can be FLORIDA KEYS Contract#: 73880-121021192802-5707 625 OVERSEAS HWY STE 101 KEY WEST,FL 33040-5603 Inspection Date: 12/10/2021 TERMIX/X3052920530 Inspector: JONES,WILLIAM M. BEINN Gv A TERMINIX CUSTOMER HAS ITS BENEFITS, MANAGE YOUR ACCOUNT 24/7. HAPPY WITH YOUR SERVICE? Manage your Terminix account around the PASS THE WORD ALONG. clock on your computer,tablet or smarmhone Just sign up and Terminbccorn/my-account. Want to earn a credit on your next service? MOBILE-FRIENDLY ACCESS: Recommend Terminix to your friends and Access your account from anywhere family Ask your technician for more details MANAGE UPCOMING APPOINTMENTS: View and schedule service visits UPDATE YOUR PROFILE: Update your payment and contact info SIMPLE PROTECTION PLAN RENEWALS: Maintain your plan without the hassle MAKE PAYMENTS WORRY-FREE. FIND OUT WHAT PEOPLE ARE SAYING. Save time and money with AutoPay.Payments CONSUMERAFFAIRS Find reviews and ratings by other customers e$AN are automatically charged to your preferred consumeraffairs.com/homeowners/terminix payment method when they're due so there's no need to worry about another bill. a Safos-Michele From: A&B <exterminators@comcast.net> Sent: Wednesday, December 8, 2021 5:09 PM To: Safos-Michele Subject: Re:Termite Fumigation 63rd St. Solicitation CAUTION:This email originated from outside of the County.Whether you know the sender or not,do not click links or open attachments you were not expecting. Hi Michele, Im sorry we do not do that scope of service for termites.Thank you tho! Andy Sent from my iPhone On Dec 8, 2021, at 3:16 PM, Safos-Michele<Safos-Michele@monroecounty-fl.gov>wrote: Hi Andy, Could you please let me know if this is something you may be able to bid on? Thanks M Lc�Sam Executive Assistant Monroe County Public Works <iae001.jp > 10600 Aviation Blvd. Marathon, FL 33050 Phone: 305-289-6036 Cell: 305-998-8517 Email ''S fa ..Mickale@Monroe ounty-rl. ay PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. <RFS- Marathon 63rd Street Annex Building Termite Fumigation Project(12-07-21) [Attorney Stamped & Signed-JXD].pdf>