2011-0952011-95
Resolution Awarding Bid for Pest Control Services
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on February
28, 2011.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni (arrived at 8:13pm)
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, by Resolution 2010-375, adopted by the Town Board on December 13,
2010, the Town Board authorized the solicitation of bids for Pest Control Services as set forth in
the aforementioned Resolution; and
WHEREAS, a Request for Proposal was prepared by Town Supervisor Christopher
Colsey and published in the legal advertisement section of the Poughkeepsie Journal and
Southern Dutchess News, plus mailed to area pest control firms; and
WHEREAS, the following bids were received:
Company Bid Price:
Ultimate Pest Control $ 50.00 monthly
Orkin Pest Control $ 132.77 monthly
WHEREAS, the lowest bid proposal for monthly pest control services for the Town
Hall, Highway Garage and Recreation Barn is Ultimate Pest Control Services, 14 Montfort Road,
Wappingers Falls, NY, 12590 in the amount of Fifty Dollars per month.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town of Wappinger hereby awards the bid for monthly pest control services
for the Town Hall, Highway Garage and Recreation Barn to Ultimate Pest Control
Services, 14 Montfort Road, Wappingers Falls, NY, 12590, in the amount of Fifty
Dollars per month.
3. The Town Board hereby authorizes the Supervisor to execute the contract
documents as prepared for routine pest control services with Ultimate Pest
Control Services, 14 Montfort Road, Wappingers Falls, NY, 12590.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
2/28/2011
The Resolution is hereby duly declared adopted.
31'. C' �&�
JOTf C. MASTERSON, TOWN CLERK
Ultimate Pest Control Services
14 Montfort Rd
Wappingers Falls, NY 12590
845-235-7080
Proposed bid for the Town of Wappinger Pest Control Service
In response to the Bid notification for General pest control on the following locations:
Town Hall, 20 Middlebush Rd, Recreation Barn, 59 Montfort Rd and Highway
Department (garage and office), 10 Highway Dr.
The proposed bid is: $50.00 monthly with no additional cost for call backs
Nuisance Wild Life will be extra cost on a case-by-case basis.
Thank you for the opportunity to bid on this service.
Sincerely,
Edward E. Giusti
Ultimate Pest Control Services
845-235-7080
SOUTHERN DUTCHESS NEWS
NORTHERN DUTCHESS NEWS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
Affidavit of Publication
To: TOWN OF WAPPINGER
C/O CHRISTOPHER COLSEY-SUPERVISOR
20 MIDDLEBUSH RD.
WAPPINGERS FALLS, NY 12590
Re: Legal notice #86277
State of NEW YORK
SS:
County of DUTCHESS
I, JOAN MILLER, being duly sworn, depose and
say: that I am the Publisher of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; that a
notice, of which the annexed is a printed
copy, has been duly and regularly published
in Southern Dutchess News once each week for
2 consecutive weeks; and that the dates of
publication were as follows: 12/22/10 and
12/29/10.
Sworn to before this 29th day of December, 2010
-'YaV,6Y //-YdA& -
'(NANCY HYI5UKE
Notary Public, State of NEW YORK
No. 01HY6221990
Qualified in DUTCHESS County
My commission expires on June 14, 2014
Orkin Pest Control
r Commercial services Agreement '562467
THIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND
SIGNATURE OF A REPRESENTATIVE OF ORKIN MANAGEMENT,
COMMERCIAL SERVICES WHO HAS AUTHORITY TO EXECUTE IT ON BEHALF OF ORKIN. ROUTE GRID u
Customer Name ^ — / a' � n Date X0 11,4110
2
Billing Address 0 HL
City ��'� L4�✓S �Cti �� State /'� Zip Code i a�/ Phone (--cP' Lfri a 97 - a% y
1. INTENT
A. This Agreement is intended to constitute a mutual understanding between (the Customer) and ORKIN PEST CONTROL.
B. The specifications indicate services to be rendered by Orkin at the building(s) and premises of the Customer located at (service address): C hM�0 r-• /.N^r0.�� & 0 Fl�-f W
County Name: Is this within city limits ❑ Yes fSrvo
It. SCOPE AND NATURE OF WORK
A. Orkin rees to pro ' service for the fol Ing pests:
Dachas ommon ants B�F�ats and mice ❑ Pharaoh ants' R-Ceommon spiders ❑ Flies ❑ Odor ❑ Other
Service means the periodic treatment to help control/combat the targeted pests. Service cannot guarantee the targeted pests will not return, but if they do, Orkin will retreat, as set out under the Triple Guarantee
attached hereto and incorporated into this Agreement. 'Additional monthly charge required to cover these ants.
B. Service Exclusions. 1. Services Reouirina a Separate Agreement: The Customer understands that this Agreement does not cover Carpenter Ants, Fire Ants, Bed Bugs, or Mosquitoes. Service for these pests
requires a separate Agreement or Addendum. The requirement of a separate agreement or addendum can not be waived by the Customer or any employee or agent of Orkin. 2. Additional Exclusions: This
Agreement does not cover Brown Recluse Spiders or mold or any mold -like conditions. This exclusion can not be waived by the Customer or any employee or agent of Orkin.
Ill. CUSTOMER OBLIGATIONS
A. The Customer shall extend all necessary cooperation to ensure satisfaction from pest services, including: availability of premises; appropriate sanitation, and corrective construction measures.
B. Whenever conditions conducive to the breeding and harborage of pests covered by this Agreement are reported to the Customer in writing by Orkin, the Customer shall take the necessary steps to correct such
conditions.
C. The Customer is responsible for communicating with all pdrsons in the premises about the treatments and the nature of services offered hereunder; moreover, the Customer acknowledges that it has no information,
or has communicated to Orkin in writing any information it does have, that any persons in the premises have any medical condition or sensitivity which may be affected by the services contemplated by this
agreement.
D. Should the Customer discover any targeted pests during the term of this Agreement, they must follow the applicable notification and documentation processes as set out in the scope of service, provided by Orkin.
E. Failure of the Customer to take necessary steps to correct conditions reported to it or to otherwise comply with the Customer Obligations will relieve Orkin of its obligations under the Triple Guarantee and will permit
Orkin, at its discretion, to terminate this Agreement with sixty (60) days written notice
IV. SERVICE SCHEDULE -
A. Orkin service representative shall service the Customer (service frequency) 1 Time ❑ 2 Times ❑ 4 Times per month ❑ Other
All areas requiring attention shall be treated as deemed necessary by Orkin.
B. Orkin representatives shall make additional visits and treatment as they are deemed necessary at no additional charge. Such service visits shall also be made promptly when requested by a designated
representative of the Customer.
V. TERMS OF AGREEMENT
A. This agreement shall be effective for a period of ❑ 2 ❑ 3 years and shall renew itself from month to month thereafter until terminated by either parry upon sixty days' written notice.
B. For multiple year agreements, the monthly service charge will not increase for two years after the initial treatment. Thereafter, and for all non -multiple year agreements, Orkin shall have the right to increase the
service charges effective anytime after the anniversary date of the initial treatment.
C. The Customer acknowledges that the terms and conditions between the Customer and Orkin are those stated in the Commercial Services Agreement, that this is the entire agreement, and that there are no other
terms or provisions which apply. Any modification or change to these terms and conditions must be by a written Addendum signed by each party, subject to the provisions of section II.B. above.
D. Orkin will be relieved of its obligations under the Triple Guarantee and Orkin may terminate this Agreement on sixty (60) days written notice, if any of the obligations set forth in this Agreement are not met by the
Customer, or in the event of a change in state or federal law that materially affects Orkin's obligations under this Agreement. Moreover, Orkin may terminate if it cannot perform its responsibilities due to acts of God,
including earthquakes, storms, fires, floods, or because of material change in circumstances, including, but not limited to, acts of war, strikes, unavailability of pesticides, or other supplies from ordinary sources. If any
provision or portion thereof, of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement. Provided, however, that as to the paragraph on
MEDIATION/ARBITRATION, if the sentence precluding the arbitrator from conducting an arbitration proceeding as a class, representative or private attorney general action is found to be invalid or unenforceable then
the entirety of the MEDIATION/ARBITRATION paragraph shall be deemed to be deleted from this Agreement.
VI. PAYMENT _ PAYMENT SUMMARY Includes ❑ est
A. The cost of the servi es+descn� shall be $ plus tax of $ for the (� p ❑fly ❑odor ❑other )
initial month and $ /f s tax of $ per month thereafter for a period of () CHECK THOSE THAT APPLY
months. You will receive a monthly invoice. Payment shall be due upon receipt of invoice. 1. INITIAL PAYMENT .5
VII. MATERIALS a. Initial / Start-up Service .............. $
A. The materials used shall conform to Federal, State and local laws and ordinances and shall be acceptable
to the Customer. b. One -Time Charges .................. $
B. The materials shall be used in accordance with the labels and specifications. c. Product Sales ........ $
VIII. LIMITATION OF LIABILITY: The Customer expressly releases Orkin from liability for any claim for personal
injury (including stings or bites from fire ants, spiders, or any other pests) or property damage (to include the d. Sales Tax (if applicable) .............. $
structure or contents) caused by any pests. The Customer agrees that under no circumstances shall Orkin be TOTAL (1a + lb + 1c + 1 d)$
liable for any amount greater than the amount paid by the Customer to Orkin for the services to be provided. In ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '
no event will Orkin be responsible for consequential damages for loss of use of property. Any claim by the 2. MONTHLY TREATMENT SERVICE CHARGES r
Customer for damages must be made in writing within one (1) year of the incident at issue or R will be deemed
waived. a. Monthly Treatment Service Charges .... $
IX. EOUIPMENT REPLACEMENT b. Sales Tax (if applicable) .............. $
A. The Customer agrees to use the leased equipment or Orkin provided equipment (the "Equipment") in a 2a +2b
proper manner and upon the cancellation of this Agreement to return the Equipment in good condition, usual TOTAL ( ) . . . . . . . . . . • . . . . . . . . . . . . . . . • • . . . . . . . . $
wear and tear excepted. All Equipment (which includes rodent barrier equipment, Orkin/Aires, or insect light 3. MONTHLY LEASE CHARGES
traps) that is damaged, lost or destroyed on the Customer premises will be replaced and charged to the
Customer. Charges will be in accordance with the current existing equipment costs. a. Leased Component Charges .......... $
B. Orkin shall retain ownership of leased components. Upon termination of this Agreement for any reason, the ❑Sconce ❑Standard ❑Industrial ❑Orkin/Aires El Air Scents
Customer agrees to make the leased components available to Orkin. At Orkin's discretion, Orkin may in a
lawful manner and without breach of the peace, enter upon the Customer's premises, take possession of ❑ Other
and remove the leased components. Orkin will not be responsible for any damage to the Customer's applicable) if Tax ax
Sales a
property upon removal of the leased components except such damage solely caused by Orkin's negligence. b. ( PP ) . . . . . . . . . . . . . . $
X. INSURANCE: Upon request, Orkin shall furnish to the Customer a certificate of liability insurance coverage in TOTAL (3a + 3b)$
effect. .....................................
X1. CHEMICAL INFORMATION WARNING: Virtually all pesticides have some odor which may be present for a 4. Product Sales / One -Time Charges plus tax (if applicable) ....... $
short time after application. At your request, Orkin will provide information about the chemicals to be used in
treating the premises. FIRST MONTH'S INVESTMENT (Total of 1 a, b, c, and d) ........... $�
XII. MEDIATION/ARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT, OR THE SERVICES PERFORMED BY ORKIN UNDER THIS AGREEMENT OR ANY OTHER
AGREEMENT, REGARDLESS OF WHFrTHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR MONTHLY SERVICE / LEASE PAYMENT (Total of 2+3) ..........D
AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING
ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND SHALL BE
CONDUCTED BY AAA. IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER -RELATED DISPUTES IN CASES
WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES, THE CUSTOMER AND ORKIN
AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATOR'S POWERS TO CONDUCT ANY
ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH
ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION
OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS, BUT IN THE ABSENCE OF THE PARTIES' AGREEMENT, THE REQUESTING
PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A
REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD
REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE
RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW
ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE
AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION
INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND ORKIN EACH AGREES TO TRY
IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH ORKIN AGREEING
TO PAY THE COSTS OF THE MEDIATION, THE AAA MAY BE CONTACTED AT THE TOLL-FREE NUMBER 800.778.7879, OR THROUGH THE FOLLOWING WEBSITE: http://www.adr.org.
XIII. AM NT REMITTED: $ ❑ Cash ❑ Check ❑ Complete Easy Payment Forth ❑ P.O. Number
Inspector Name (PRINT) Employee ID or Certification # Branch Street Address
9 / y- 3- Yr' 10) /L.*7 /,a
BrancBranc Teltmber city State Zip Code
THIS AGREEMENT IS NOT VALID UNTIL APPROVED BY ORKIN MANAGEMENT
Branch Management Signature Date Customers Signature Date
162181 REV. 4/2010
L.o"T"
*
COMMERCIAL SERVICES
Customer Name
Orkin Pest Control
Commercial Services Agreement
THIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND
SIGNATURE OF A REPRESENTATIVE OF ORKIN MANAGEMENT,
WHO HAS AUTHORITY TO EXECUTE IT ON BEHALF OF ORKIN.
Billing Addressyo� W I— l t CL OIL lei TbbJS i-% K_
City Wc.41!!� i;n 11 5 State
1• INTENT
A. This Agreement is intended to constitute a mutual understanding between
562466
ROUTE GRID #
_ Date 26 // O
Zip Code /4;S? y Phone
B. The spgWfications indicate services to be rendered by Orkin at the building(s) and premises of the Customer located at (service address):
(the Customer) and ORKIN PEST CONTROL.
County Name: Is this within city limits ❑ Yes i9"No
If. SCOPE AND NATURE OF WORK
A. Orkjrr'agrees to pro � service for the f wing pests:
oaches ommon ants ats and mice ❑ Pharaoh ants'ommon spiders ❑ Flies ❑ Odor ❑ Other
Service means the periodic treatment to help control/combat the targeted pests. Service cannot guarantee the targeted pests will not return, but if they do, Orkin will retreat, as set out under the Triple Guarantee
attached hereto and incorporated into this Agreement. 'Additional monthly charge required to cover these ants.
B. Service Exclusions. 1. Services Requiring a SeparateAgreement: The Customer understands that this Agreement does not cover Carpenter Ants, Fire Ants, Bed Bugs, or Mosquitoes. Service for these pests
requires a separate Agreement or Addendum. The requirement of a separate agreement or addendum can not be waived by the Customer or any employee or agent of Orkin. 2. Additional Exclusions: This
Agreement does not cover Brown Recluse Spiders or mold or any mold -like conditions. This exclusion can not be waived by the Customer or any employee or agent of Orkin.
Ill. CUSTOMER OBLIGATIONS
A. The Customer shall extend all necessary cooperation to ensure satisfaction from pest services, including: availability of premises; appropriate sanitation, and corrective construction measures.
B. Whenever conditions conducive to the breeding and harborage of pests covered by this Agreement are reported to the Customer in writing by Orkin, the Customer shall take the necessary steps to correct such
conditions.
C. The Customer is responsible for communicating with all persons in the premises about the treatments and the nature of services offered hereunder; moreover, the Customer acknowledges that it has no information,
or has communicated to Orkin in writing any information it does have, that any persons in the premises have any medical condition or sensitivity which may be affected by the services contemplated by this
agreement.
D. Should the Customer discover any targeted pests during the tern of this Agreement, they must follow the applicable notification and documentation processes as set out in the scope of service, provided by Orkin.
E. Failure of the Customer to take necessary steps to correct conditions reported to it or to otherwise comply with the Customer Obligations will relieve Orkin of its obligations under the Triple Guarantee and will permit
Orkin, at its discretion, to terminate this Agreement with sixty (60) days written notice
IV. SERVICE SCHEDULE
A. Orkin service representative shall service the Customer (service frequency) Time ❑ 2 Times ❑ 4 Times per month ❑ Other
All areas requiring attention shall be treated as desary by Orkin.
B. Orkin representatives shall make additional visitment as they are deemed necessary at no additional charge. Such service visits shall also be made promptly when requested by a designated
representative of the Customer.
V. TERMS OF AGREEMENT
A. This agreement shall be effective for a period of 1702 ❑ 3 years and shall renew itself from month to month thereafter until terminated by either party upon sixty days' written notice.
B. For multiple year agreements, the monthly service charge will not increase for two years after the initial treatment. Thereafter, and for all non -multiple year agreements, Orkin shall have the right to increase the
service charges effective anytime after the anniversary date of the initial treatment.
C. The Customer acknowledges that the terms and conditions between the Customer and Orkin are those staled in the Commercial Services Agreement, that this is the entire agreement, and that there are no other
terms or provisions which apply. Any modification or change to these terms and conditions must be by a written Addendum signed by each party, subject to the provisions of section 11.8. above.
0. Orkin will be relieved of its obligations under the Triple Guarantee and Orkin may terminate this Agreement on sixty (60) days written notice, if any of the obligations set forth in this Agreement are not met by the
Customer, or in the event of a change in state or federal law that materially affects Orkin's obligations under this Agreement. Moreover, Orkin may terminate if it cannot perform its responsibilities due to acts of God,
including earthquakes, storms, fires, floods, or because of material change in circumstances, including, but not limited to, acts of war, strikes, unavailability of pesticides, or other supplies from ordinary sources. If any
provision or portion thereof, of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement. Provided, however, that as to the paragraph on
MEDIATION/ARBITRATION, if the sentence precluding the arbitrator from conducting an arbitration proceeding as a class, representative or private attorney general action is found to be invalid or unenforceable then ,
the entirety of the MEDIATION/ARBITRATION paragraph shall b.e� deemed to be deleted from this Agreement.
VI. PAYMENT ? 0 ' N PAYMENT SUMMARY
A. The cost of the sew s des ri herein shall be $ plus tax of $ for the (includes ❑pest El fly El odor ❑other )
initial month and $ plus tax of $ per month thereafter for a period of (_) 1INITIAL PAYMENT CHECK THOSE THAT APPLY
months. You will receive a monthly invoice. Payment shall be due upon receipt of invoice. �f
VII. MATERIALS a. Initial / Start-up Service .............. $ �� '
A. The materials used shall conform to Federal, State and local laws and ordinances and shall be acceptable
to the Customer. b. One -Time Charges .................. $
B. The materials shall be used in accordance with the labels and specifications. c. Product Sales ...................... $
VIII. LIMITATION OF LIABILITY: The Customer expressly releases Orkin from liability for any claim for personal
injury (including stings or bites from fire ants, spiders, or any other pests) or property damage (to include the d. Sales Tax (if applicable) .............. $
structure or contents) caused by any pests. The Customer agrees that under no circumstances shall Orkin be TOTAL (1a + lb + lc + 1d)$ "
liable for any amount greater than the amount paid by the Customer to Orkin for the services to be provided. In ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '
no event will Orkin be responsible for consequential damages for loss of use of property. Any claim by the 2. MONTHLY TREATMENT SERVICE CHARGES
Custoodmer for damages must be made in writing within one (1) year of the incident at issue or it will be deemed a. Monthly Treatment Service Charges .... $ Dwai• ��
IX. EQUIPMENT REPLACEMENT b. Sales Tax (if applicable) .............. $
A. The Customer agrees to use the leased equipment or Orkin provided equipment (the "Equipment") in a TOTAL
proper manner and upon the cancellation of this Agreement to return the Equipment in good condition, usual ( 2a +2b) . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . $ -
wear and tear excepted. All Equipment (which includes rodent barrier equipment, Orkin/Aires, or insect light 3. MONTHLY LEASE CHARGES
traps) that is damaged, lost or destroyed on the Customer premises will be replaced and charged to the
Customer. Charges will be in accordance with the current existing equipment costs. a. Leased Component Charges .......... $
B. Orkin shall retain ownership of leased components. Upon termination of this Agreement for any reason, the ❑Sconce ❑Standard ❑Industrial ❑Orkin/Aires ❑Air Scents
Customer agrees to make the leased components available to Orkin. At Orkin's discretion, Orkin may in a
lawful manner and without breach of the peace, enter upon the Customer's premises, take possession of ❑ Other
and remove the leased components. Orkin will not be responsible for any damage to the Customer's if Tapplicable) Sales ax
b. Saa
property upon removal of the leased components except such damage solely caused by Orkin's negligence. ( pP ) . . . . . . . . . . . . . . $
X. INSURANCE: Upon request, Orkin shall furnish to the Customer a certificate of liability insurance coverage in TOTAL (3a + 3b)$
effect. .....................................
XI. CHEMICAL INFORMATION WARNING: Virtually all pesticides have some odor which may be present for a 4. Product Sales / One -Time Charges plus tax (if applicable) ....... $
short time after application. At your request, Orkin will provide information about the chemicals to be used in
treating the premises. FIRST MONTH'S INVESTMENT (Total of 1a, b, c, and d) ...........�
XII. MEDIATION/ARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT, OR THE SERVICES PERFORMED BY ORKIN UNDER THIS AGREEMENT OR ANY OTHER
AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR MONTHLY SERVICE / LEASE PAYMENT (Total of 2 + 3) ..........O
AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING
ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND SHALL BE
CONDUCTED BY AAA. IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER -RELATED DISPUTES IN CASES
WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES. THE CUSTOMER AND ORKIN
AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATOR'S POWERS TO CONDUCT ANY
ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH
ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION
OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS, BUT IN THE ABSENCE OF THE PARTIES' AGREEMENT, THE REQUESTING
PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A
REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD
REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE
RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW
ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE
AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION
INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND ORKIN EACH AGREES TO TRY
IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA CCIAL MEDIATION RULES WITH ORKIN AGREEING
TO PAY THE COSTS OF THE MEDIATION. THE AAA MAY BE CONTACTED AT THE TOLL-FREE NUMBER 800.778.7879, OR THROUGH THE FOLLOWI EBSITE: http://www.adr.org.
XIII. AMOUNT REMITTED: $ ❑ Cash ❑ Check ❑ Complete Easy Payment Form O. Number
Inspector Name (PRINT) Employee to # or Certification » Branch Street dress
t Y- 3 o i
Branch T ephone Number city State Zip Code
THIS AGREEMENT IS NOT VALID UNTIL APPROVED BY ORKIN MANAGEMENT
Branch Management Signature Date t(�✓C/lustomer's Signature Dale
162181 REV. 4/2010
LACrITY]�I
TOWN SUPERVISOR
Christopher J. Colsey
SECRETARY
Inez Maldonado
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
W W W.TOWNOFWAPPINGER.US
(845) 297-4158 - Main
(845) 297-2744 - Direct
(845) 297-4558 — Fax
Faxed to (914) 345-9607
USPS 1St Class Mailing
TOWN OF WAPPINGER
Orkin Pest Control Branch #313
2 Westchester Plaza
Elmsford, NY 10523
Office of the Town Supervisor
RE: Town of Wappinger, Dutchess County, NY
Pest Control Services
Dear Sir or Madam:
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Joseph P. Paoloni
TOWN CLERK
Chris Masterson
HIGHWAY SUPERINTENDENT
Graham Foster
as
After several requests, a copy of your contract with the Town of Wappinger was gained this date via fax.
Unfortunately, I had to resort to refusing service until such was received.
The last contract signed by a Town of Wappinger representative was in 2003. In accordance with
government protocol, this is deemed expired.
In order to appropriately consider future service, the Town of Wappinger must seek bids for services for
this function.
Effective immediately, no further services from Orkin will be allowed unless, and until, such service is
awarded by the Town Board after a bid collection process. Please cancel this service effective this date.
S' rely,
Christopher Colsey, Superisor
Town of Wappinger
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Industrial -Commercial -Institutional ,
f Pest Control Service Agreement !)
f THIS CONTRACT 15 CONTINGENT UPON THP pPROVALANASICNATURtiOATHE ORKIN BRANCH
f MANAGER, WHO HAS THE SOLI; A�AORITY YO EXECUTE IT ON BEHALF Of ORKIN.
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.t. BuslneaDlllingName (Customer)_t•,rr�-�_a__E_Q112Qibq.2/^
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Bluing Addross
SERVICE
90 }XIN pgroos to provide Post Control service for control of tho following posts:
Roochas, Ants' and Silverfish ❑ Fire Ants- ❑
❑ Othor:
BFIANC14 ()FFiCF CC'PY
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City
Stale
Rats and Mico ❑ Pharaoh Ants'"
Phon�?_.a4'/17,
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Control moans the ponodlc eradication of existing Infestations within practical limits. f
'Docs not include Carpenter Ants. Servi co to control those posts may bo obtained under soparato contracts. "Additional chMo to be included In monthly rate. •s
SERVICE LOCATION f
Post Control sorvico will bo providod for 4•
(sorvk0 Homo it diH• at from 9ll11ng Homo) ,y
by ORKIN at the Customer's promises located at
County Name ' C b Is this within city limits 0-108[3no 'k'
(Multiplo 100011ond C3 aro listed In Attachment A t0 this Contract,) f
SERVICE SCHEDULE •I•
ORKIN's reprosontatives will sorvica the Customer's promises
/1 Time par month ❑ 2 Times per month 0 4 Times par month •I•
❑ Other,
f
ORKIN's Post Control service representatives will provide additional sorvica as it is doomod necessary by ORKIN and tho Customer at no additional chargo, .b
Such sarvlco visits shall be made promptly when roquostod by the Customer, f
AddNlonal Instructions: (parson to contact, oto)
f 4, PAYMENT
I. sum o1$ orat'pn the �e�+ico to be provided by ORKI0i, the CusI or agrees to pay 10 ORKIN Exterminating Comp y1 Inc. Its SUCCeeeors or assigns, the
•I• of $ O plus tax of $ . Li �L for the initfal month's service and $a plus tax Of
per month for tho following cloven (11) months, Payment shall be duo upon roceipt of in oleo. Orkin rosarves the right, after
.g the first you , to Incroas the sarvlco Chargo,
.t, 5. OFFER EXPIRATION: ORKIN's offer to perform those services in accordance with the terms, conditions and price stated In this Agreement shall expire it not ,
.I. eccoptod within thirty days.
,t• 8. ORKIN'$ MONEYBACK GUARANTEE: 11, during the regularly schodulod Post Control treatments, the Customer is not completely sofisfiod with the results,
f ORKIN will return 10 treat the aroa again at no extra charge. Should the problem persist, OPIKI14 will confinuo to work to solve the problem to tho Customer's
f satisfaction or ORKIN will refund the customoes last monthly payment,
7. CUSTOMER COOPERATION: The Customer agrees to cooporato fully with ORKIN to ensure satisfaction from the Post Control sarvlco. In order to quality '
f for the Money -Back Guarantee, the Customer agrees to maintain structural and sanitary Conditions at Its promises as recommended to Customor by
•t• ORKIN in writIna. Tho Customor agrees that ORKIN may withhold any and all refunds until its recommendations have boon accomplished
+ 8. MATERIALS: The materials used to control posts in and around Customor's promiaos shall conform to Federal, Stale and local laws and rogulatlons, and shall
,p bo used with all due precautions in accordance with the labols and spocincadons.
9. PEST DAMAGE: The Customer agraos that ORKIN Is not rosponslblo for insect or room: damage or disruption to its operation, promises or ks contents, and
I the Customor spociflcatly roloasas ORKIN from liability for any such claims. In no vaso can Orkin's liability be groator than the cost of our monthly service.
t t 10, INSURANCE: Upon roquost, ORKIN shalt furnish to the Customer a certificate of liability Insurance coverage In offoct.
if. EQUIPMENT REPLACEMENT: The Customer agrees to pay to ORKIN the repair or replacement cost of any and all Orkin equipment damaged, lost or `
�'1' destroyed on the Customer's promises, Costs will be those in offoct at the time o1 tho ropair or roplacomont.
+ 12, TERM OF CONTRACT: This Contract shall be affective for an original porlod of one year, Thoroafler, this contract shelf renew ilsolf from month to month unfit
f tarminatod by olthor parry upon sixty days' writton notice,
•t• 13. CHEMICAL INFORMATION WARNING., Customor shall notify all persons on the promises that Orkin will be applying pesticides or tormificldos in and around i
4 the promises, and that virtually all pesticides and tormlticidoe have somo odor which may bo present for a short timo after application. If customer knows of any d
•f• person on the promises who believes they have a sensitivity to pesticides or tormitleldos or who has a medical condition affected by pesticides or termileldos, d
.y then Customer shall so notify Orkin In writing. At Customer's request, Orkin will provide information about the chomlcals to be used in treating the promises,
„t• 14, ARBITRATIN: IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE S6WCES PERFORMED UNDER THIS AGREEMENT OR TORT BASED CLAIMS FOR PERSONAL OR
•I, BODNLY INJURY 08 DAMAGE TO REAL OR PERSONAL PROPERTY, THE PARTIES FIRST AGREE To PARTICIPATE IN AT LEAST FOUR (q HOURS OF MEDIATION IN ACCORDANCE WITH THE COMMERCIAL MEDIATION
` RULES OF THE AMERICAN THE A
. PARTIES FIRST AGREE THAT ALLAQ6PUT ASSOCIATIONTION BEETWEEN THE PARTIES SHALL IEANALLY RESOLVED IBY ARBITRATION F THE NADI�ISTERED UNDDURE IERR THE COMMERCIAL ARBITRATION RULES OF THE AMEDED FOR HEREIN DOES NOT RESmVE ANY SUCH RICAN 4
4.ARBITRATION ASSOCIATION. FURTHERMORE, THE PARTIES EXPRESSLY AGREE THAT THIS PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING NTERSTATE COMMERCE AND THAT THEIR MUTUAL 4
RIGHTS AND OBLIGATIONS AND THE CONDUCT OF ANY ARBITRATION PROCEEDING SHALL BE CONTROU•ED BY THE FEDERAL AABITRATIN ACT, THE AROnATOA SHALL GIVE EFFECT TO ANY AND AU• d
WAIVERS, RELEASES, DISCLAINIK LIMITATIONS AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT, THE ARBITRATOR SWILL CONSIDER THE LEGAL DEFENSES RAISED IN THE ARBITRATION, AND THE $
4• DECISION OF THE ARBITRATOR SHALL BE FINAL, BONDING, AND MAY IE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT. 4
f 15. Amount Remitted $ ___ ❑ Cash ❑ Chock ❑ Credit Caret
•I. ORKIN EXTERMINATING COMPANY, INC. TYPO ACCOUNT U ECP, DATE
110 424? 03 4
SIONATUR
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PEST CONTROL
World's Best
TOWN OF WAPPINGER
20 MIDDLEBUSH RD
WAPPINGERS FALLS,
(845) 297--2744
ORKIN. LhI�C
ORKIN w- ELMSF04D, NY
2 WESTCHESTER PLZ
ELMSFORD, NY 10523
(914) 747-7131
LPCO: 00599
Target Pest: NO ICI
NY 12590
Ser•viee After' 8:30 AM
GRID:
34
KEY ACCT:
❑ No activity detected. Performed preventive treatment
for target pest(s).
❑ Ants ❑ American Roaches
Ll Carpenter Ants ❑ Brown Banded Roaches✓j
❑ Fire Ants Ll German Roaches
❑ Pharaoh Ants I] Oriental Roaches
❑ Mice ❑ Smokey Brown Roaches
❑ Rats ❑ Crickets
L) Flies ❑ Spiders
❑ Fleas ❑ Stored Product Pests
❑ Other
ROUTE:
8 STOP#:
FREQ:
Monthly
P.O. #:
TECH:
NOEL FINO
n.,
n.►�[•�ty�.yaay�ty�r►y:��rtemon:+aa
7374643 89
59557230
PC COMM STDP PRIOR <AL: .00
Standard Service THIS SVC: 62.52
DISCOUNT: .00
TAX: .00
TOTAL AFTER
THIS SVC: 62.52
Date / Scheduled Date
Time In 1 "M 1 8/ 10
Time Out AM 164 3 0 : 0 0
16:00:00
Ily
This is Your Statement.
Prior Service Please Remit The Total Due.
9/20/10 Standar'dAmount Paid
8/ 16 / 10 Standard Ll Cash
7/19/10 Standard ❑Check Ck#
3esticide Product Labels are Available Upon Request.
-or additional information, a copy of the Label and/or MSDS may be requested from your local branch.
The type of service performed today was:
❑ Initial JYScheduled ❑ No Charge ❑ Special
Fnllnw, tin Service Date
Details of this service are listed below.
UuJ I uMtH NUP114I VHC ... — LJ - I_l
Findings
i—
Treatment
r ORKIN COMMERCIAL CUSTO S
coMME:a*, SE -CES
❑ No activity detected. Performed preventive treatment
for target pest(s).
❑ Ants ❑ American Roaches
Ll Carpenter Ants ❑ Brown Banded Roaches✓j
❑ Fire Ants Ll German Roaches
❑ Pharaoh Ants I] Oriental Roaches
❑ Mice ❑ Smokey Brown Roaches
❑ Rats ❑ Crickets
L) Flies ❑ Spiders
❑ Fleas ❑ Stored Product Pests
❑ Other
Orkin takes care to place treatment materials where they will achieve maximum effectiveness. For codes, see other side.
Application Rate
Products Quantity Sites S ecific Site Application Area if applicable) Method Equipment (*if applicable)
PREVIOUSLY INSTALLS ADDED # PICKED UP
f p
/
MULTI -CATCH TRAPS
BAIT STATIONS
ORKINAIRE/AIR SC
_.
FLY TR
,
._
Are there sanitation and/or storage practice issues? Yes i_] Ny...J n'yes, see below.
Are there structural issues? Yes UNo �3iryes, see below.
Are there plumbing issues. Yes u Nck;?t y s, see below.
omment
Activity detected. Treatment applied for the following:
Ants ❑American Roaches
❑ Carpenter Ants Brown Banded Roaches
❑
Q Fire Ants ❑ German Roaches
Pharaoh Ants ❑ Oriental Roaches
❑ Mice ❑ Smokey Brown Roaches
Lj Rats`]�C.rickets
❑ Flies .pr7,Spiders
u Fleas ❑ Stored Product Pests
U
i] Other
Your satisfaction is guaranteed. If needed, we will return
at no additional Charge.
- _ $
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CONSUMER NOTIFICATION(5) i POST APPLICATION STATEMENTS FOR INFORMATION REGARDING CODES LISTED ABOVE, SEE REVERSE SIDE
Treated Area(s) - Do not allow unprotected persons, children, or pets to touch, enter, or replace items or bedding, to contact or enter treated area(s) until dry.
Ventilalion/Reoccupying - Vacate and keep area(s) closed up to 30 minutes after treatment. then ventilate area(s) for up to 2 hours before reoccupying.
Equip menl(Processing/Food -Thoroughly wash dishes, utensils, food preparation/processing equipment and surfaces with an effective cleaning compound
and rinse with clean water, if not removed or covered during a treatment. The area should be odor free before food products are Placed in there.
Exterior Applications (baits) - Do not allow grazing of feed. lawn or sod clippings to livestock Do not burn treated firewood for I month after treatment
after bait applications.
I
0
I hank you Tor your ouslness.
For outdoor application in states where required.
WIND
DIRcC u."
WIND
TEf+1FEFATUH[
HUW11[uN
SKY
MON
State Required Information: National Poison Control Center
CO - Commercial applicators are licensed by the Colorado Department of Agriculture. (800) 222-1222
AZ - WARNING - PESTICIDES CAN BE HARMFUL. KEEP CHILDREN AND PETS AWAY FROM PESTICIDE APPLICATIONS UNTIL This report does not include wood infesting organisms anri.'or mold or any mold -like conditions.
DRY. DISSIPATED OR AERATED. FOR MORE INFORMATION, CONTACT: ORKIN PEST CONTROL - C4029BCD AT 1-800-346-7546. __,,
? �VESTCr r=mR Pi.A,7A
r! MSFC�Rj). NY 14523
(914)'-9607
OMMORKIN.COM
Fax
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lt1
October 26, 2010
Town Of Wappingers
20 Middlebush Road
Wappingers Falls, NY 12590
Attn.: Christopher Colsey
Supervisor
Dear Mr. Colsey:
2 Westchester Plaza
Elmsford, NY 10523
Tel: (914) 345-9601
Fax (914) 345-9607
E -Mail: rbarbot@orkin.com
Supervisor Office
OCT 28 2010
Received
Enclosed, please two service agreements for both locations as requested. If awarded by the Town of
Wappingers, we need the white copy of the agreements signed and a copy of the purchase orders
returned to our office.
Sincere
Rick Barbot
Service Manager
TOWN SUPERVISOR
Christopher J. Colsey
SECRETARY
Inez Maldonado
20 MIDDLEBUSH ROAD
WAPPNGERS FALLS. NY 12590
VV WW.TOWIIOF WAPPNGER.US
(845) 297-4158 - Main
(845) 297-2744 - Direct
(845) 297-4558 — Fac
TOWN OF WAPPINGER
Office of the Town Supervisor
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Joseph P. Paoloni
TOWN CLERK
Chris Masterson
HIGHWAY SUPERINTENDENT
Graham Foster
Specifications for pest control for the Town of
Wappinger
Pests to be addressed in this service are roaches,,common ants, rats and mice.
Frequency of service should be once per month.
Buildings to be serviced are Town Hall, 20 Middlebush Road, Recreation Barn, 59
Monfort Road, and Highway Department garage and office, 10 Highway Drive.
Length of contract shall be one year from its acceptance.
�'j �7
Steven Frazier,
Supervisor of Building & Grounds