Loading...
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 f• f ,!• ..p .I. . ,p .t.. _�• •T• t fi �. ,t..1. f t• •F v f + _'t' •i f 1 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. q. .t. BuslneaDlllingName (Customer)_t•,rr�-�_a__E_Q112Qibq.2/^ q. If If 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 d• f f f f •3• 'H •I• •i• .... ............ (f /_outs f! _ Footage j ([J Grid pr"' const.ca— City Stale Rats and Mico ❑ Pharaoh Ants'" Phon�?_.a4'/17, I+ ,t. f f f f f 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 __10 re ACCEPTED: •T 4'I MIN OiQ•— f A sac^^ ., .1, •�' GRANCH PHONE f ![ s% an CCRTIFICA ION IJ BY: e 'I• /` o y 0 TITLE; {4 DATE: (•` •$ 'Ir MNA0 n.1Apmwel-TN..prn 1h-b.enve,e,ed sedf—Mhoveban r-.-.dn,d.WA 8•Z0n•0liEv.i0:000 f t• •I• �! rt •t _•t . t- I -t s� f �- -t. •t: t a• r t• •t• 1• r •t• q -+4-+++,I I....-----. -----•�----_., I—— — I+ Lt ..-- -- - - -- - - -- -- - ---- ..3_-v •t• •t_ •r +_.r. a•. •f• �-.. •I-. f f •r• .1 . �• � �- f •I• •t•. f + 2/2 d 955V625W << 20965�M,5 GIRM 66:60 64-06-0602 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. - _ $ -� z Y a ,- j� G61ftj UNA\ rvd 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 01 mc t C�._. [j UW""'a par R a Ply "noon : u pwmam Ramly a Recycle ZA d 955�262M << 10965�M6 �� OPZ59X 6L: L0 6L-OL-OLOZ rLR!K' 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