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Agenda 12/13/2022 Item #16C 7 (Vendors to perform pest control services for County facilities)12/13/2022 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 22-7986, “Pest Control - County Facilities,” to Power Exterminators, Inc., d/b/a PowerX, as the primary vendor, and Southern Service Solutions LLC, as secondary vendor, and authorize the Chairman to sign the attached agreement. OBJECTIVE: To retain vendors to perform pest control services for County facilities, and to terminate the current Agreement No. 20-7744 with Hulett Environmental Services, Inc., for convenience. CONSIDERATIONS: Collier County Facilities Management is responsible for maintaining monthly pest control services in approximately one hundred and fifty (150) designated locations. To maintain an insect/rodent -free environment at those buildings, the companies that are awarded agreements are required to be able to perform monthly pest control services, control processes, and site-specific exterminations, as needed. On July 5, 2022, the Procurement Services Division issued ITB No. 22-7986, “Pest Control - County Facilities.” The County received five bids by the August 8, 2022 deadline, as summarized below. Respondents: Company Name City County State Bid Amount Responsive/ Responsible Power Exterminators, Inc. d/b/a PowerX Miami Miami-Dade FL $72,180.00 Yes/Yes Southern Service Solutions LLC Miami Miami-Dade FL $108,168.00 Yes/Yes Northwest Exterminating Co. LLC Marietta Cobb GA $118,272.00 Yes/Yes Massey Services, Inc. Fort Myers Lee FL $119,580.00 Yes/Yes Truly Nolen of America, Inc. Fort Myers Lee FL $144,540.00 Yes/Yes Staff evaluated all bids for responsiveness, responsibility, and price, and found Power Exterminators, Inc. d/b/a PowerX (“PowerX”) to be the lowest responsive and responsible bidder. Staff is recommending PowerX as the primary vendor under the attached agreement. PowerX has been doing business in Florida since 1988, and has a local office in Fort Myers. Staff is recommending the second lowest bidder, Southern Service Solutions LLC (“Southern Service”) to be the secondary vendor. Southern Service has been in business since 2008, and has an office in Ave Maria. The new proposed contracts will replace Agreement No. 20-7744 for Pest Control, which expires on October 12, 2023. Staff recommends that the Board award the attached Agreement No. 22-7986 and authorize the issuance of a Notice to Terminate of Agreement No. 20-7744 effective 30 days from the notice. Any outstanding purchase orders issued under existing Agreement No. 20-7744 will continue through their completion and final acceptance by the County. This award will result in a cost saving with a reduction of the hourly rates. FISCAL IMPACT: The base annual amount of the contract is estimated to be $72,180.00 plus any additional and unanticipated services. Budget for this contract is provided in the General Fund Facilities Management Cost Center (001-122255). Compared to the expiring agreement #20-7744 the County anticipates saving approximately $17,796 a year for regular services. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To award ITB No. 22-7986, “Pest Control - County Facilities” to Power Exterminators 16.C.7 Packet Pg. 1261 12/13/2022 Inc. d/b/a PowerX, as the primary vendor, and Southern Service Solutions LLC, as the secondary vendor, authorize the Chairman to sign the attached agreement, and authorize the issuance of the Notice to Terminate Agreement No. 20-7744. Prepared by: James Williams, Manager, Facilities Management Division ATTACHMENT(S) 1. 22-7986 Solicitation (PDF) 2. 22-7986 Bid Tabulation (PDF) 3. 22-7986 Notice of Recommended Award_Executed (PDF) 4. 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (PDF) 5. 22-7986 - Southern Solutions Proposal (PDF) 6. 22-7986 COI_SouthernServiceSolution, LLC (PDF) 7. 22-7986 PowerX_Proposal (PDF) 8. 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (PDF) 9. 9. 22-7986_COI_ PowerX_ (PDF) 10. 20-7744_Hulett Notice to Terminate 12-13-22 signed (PDF) 16.C.7 Packet Pg. 1262 12/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.7 Doc ID: 23848 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 22-7986, “Pest Control - County Facilities,” to Power Exterminators, Inc., d/b/a PowerX, as the primary vendor, and Southern Service Solutions LLC, as secondary vendor, and authorize the Chairman to sign the attached agreement. Meeting Date: 12/13/2022 Prepared by: Title: – Facilities Management Name: Paula Brethauer 11/04/2022 5:21 PM Submitted by: Title: – Facilities Management Name: John McCormick 11/04/2022 5:21 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Completed 11/06/2022 5:33 AM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 11/06/2022 9:25 AM Facilities Management Jennifer Belpedio Manager - Real Property Completed 11/07/2022 8:59 AM Procurement Services Barbara Lance Additional Reviewer Completed 11/07/2022 10:27 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 11/07/2022 2:12 PM Procurement Services Sandra Herrera Additional Reviewer Completed 11/09/2022 3:59 PM Public Utilities Operations Support AmiaMarie Curry PUD Department Review Completed 11/21/2022 1:00 PM Public Utilities Department Drew Cody PUD Department Review Completed 11/23/2022 12:16 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/23/2022 12:28 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/23/2022 2:20 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/28/2022 9:45 AM County Manager's Office Ed Finn CMO Completed 11/28/2022 10:11 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/28/2022 1:59 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2022 4:25 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/01/2022 10:16 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/06/2022 7:56 AM Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM 16.C.7 Packet Pg. 1263 County Manager Operations Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR PEST CONTROL – COLLIER COUNTY FACILITIES SOLICITATION NO.: 22-7986 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.C.7.a Packet Pg. 1264 Attachment: 22-7986 Solicitation (23848 : 22-7986 Pest Control) 1 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 22-7986 PROJECT TITLE: PEST CONTROL – COLLIER COUNTY FACILITIES PRE- BID MEETING: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: AUGUST 8, 2022 @ 3:00 pm PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Facilities Management Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified contractors in accordance with the terms, conditions and specifications stated or attached. The contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $100,000; however, this may not be indicative of future buying patterns. BACKGROUND The County is responsible for maintaining Pest Control Services, in various owned and leased buildings throughout Collier County. To maintain the integrity and insect / rodent free environment of these facilities, the County intends to award a contract to perform: 1. Monthly pest control services and control processes; and 2. Special Services (Site specific exterminations upon request). TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial year of this contract. Any requested adjustment shall be fully documented and submitted to the County no less than thirty (30) days prior to the contract anniversary date. Any approved cost adjustments shall become effective as of the anniversary date or upon Board approval. The County may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the County does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the County, a contract termination will have to be processed. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.C.7.a Packet Pg. 1265 Attachment: 22-7986 Solicitation (23848 : 22-7986 Pest Control) 2 AWARD CRITERIA ITB award criteria are as follows: ➢ The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Lowest Total Price ➢ Collier County reserves the right to select one, or more than one supplier, award on a line-item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Identify Primary and Secondary Awardee ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK 1.0 General Information It is the intent of the County that pest control services are completed monthly (INTERIOR AND EXTERIOR) on County owned and leased buildings to prevent infestations and address any insect or rodent issues. The qualified Contractor will provide monthly services, call-backs, and specialized services as needed through the application of chemical and/or non-chemical pest control methods and resistance management practices (i.e., baits, traps, etc.). Services include the application of chemicals, inspection of facilities and grounds, and installation/maintenance of bait traps. Rodent calls are handled through callbacks throughout the month. The awarded contractor shall furnish all labor, tools, equipment, materials, insurance, supervision, and any other item necessary to perform services as required by the Scope of Work. The Contractor must employ a responsible method of pest control management with the least possible hazard to people, property and the environment and the most judicious use of pesticides. If the Primary Contractor is not available, the County will solicit services from the Secondary Contractor. While the County intends to use the Primary and Secondary Contractors for the services outlined in this Scope of Work, the County reserves the right to seek services outside of the contract if the primary and secondary are unable to perform or if pricing seems unreasonable (per the County’s Procurement Ordinance). The Contractor’s Terms and Conditions MUST be included with the bid submittal or before the Notice of Recommended Award (NORA). 2.0 Monthly Required Services The awarded Contractor will be responsible for providing monthly pest control services including, but not limited to: 2.0.1. Spraying of the Interior and Exterior of facilities: • Control of common household pests, specifically ants, roaches, silverfish, firebrats, earwigs, millipedes, centipedes, crickets, scorpions, spiders, fleas, ticks, bees, wasps, hornets, etc. • Apply interior supplies / chemicals to buildings, including but not limited to offices, storage rooms, mezzanines, attics, kitchens, basements, labs, kennels, locker rooms, bathrooms, etc. • Special attention shall be paid to problem areas such as kitchens and bathrooms. o This requires monitoring and inquiry of building occupants. • Apply perimeter supplies / chemicals to the outside of the buildings which shall include but not be limited to porches, windows, window frames, eaves, patios, doorways, refuse areas, decks, under decks, and anywhere pests congregate. • Perimeter exterior treatment will be performed quarterly in addition to monthly service. Treatments may be applied no further than three (3) to four (4) feet away from the exterior wall and no more than two (2) to three (3) feet from the bottom of the exterior wall. Application of treatments to interior or exterior trees or other plant material is prohibited. • Perform additional treatments, as needed per Section 2.0.4. 2.0.2. Preventative Control of rats and/or mice, under and around the designated structures including the area extending to fifteen (15) feet. Traps must be checked daily until the condition is under control and less service is approved by the County Representative or designee. The County requests the following level of service: o Standard control for rats and/or mice is daily for seven (7) days from the reported incident then once per week for an additional three (3) weeks (total service four (4) weeks). Daily site visits will be required initially for seven (7) days, but may be extended, at the discretion of the County Representative or designee. 16.C.7.a Packet Pg. 1266 Attachment: 22-7986 Solicitation (23848 : 22-7986 Pest Control) 3 o The Contractor will provide deodorants, when necessary, at no additional cost, and will be utilized to overcome possible odors caused by rats and/or mice. However, even with deodorants, every effort must be made to remove the source of the odor, when / where accessible. 2.0.3. Following the monthly pest control services and site inspections, a written report/check list will be provided detailing the results of the inspection services completed, and making specific recommendations to the County Representative or designee for future remedial actions, etc. o Typically, pest control services will be completed during normal business hours (Monday-Friday, 8:00 am- 5:00 pm); however, the County Representative or designee may request services during off-hours, as deemed necessary by the County Representative or designee. o A surcharge calculated at time and a half (1-1/2 per hour) for off-hours, if necessary, and first approved in writing by the County Representative or designee. 2.0.4. Callbacks: If callbacks are necessary, the awarded Contractor(s) shall perform all callbacks within twenty-four (24) hours after receipt of written notice of the problem at no cost to the County. If a rodent or insect situation is not under control after two (2) callbacks, the County will utilize the services of the secondary contractor, and the contract with the primary contractor may be terminated. 2.0.5. County Work Order System: Contractor(s) may also be required to use the County’s Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work orders under this Agreement. 3.0 Service Locations Collier County currently has one hundred and fifty-nine (159) designated locations for which monthly service shall be provided (see Exhibit A for the list of locations). For reference purposes, the County has created the below table consolidating the number of buildings by size of location. Size of Location Number of Buildings Prior Annual Estimated Quantities (Sq Ft / Mo.) 0 – 1,000 18 10,543 1,001 – 5,000 52 128,820 5,001 – 10,000 33 247,946 10,001 – 20,000 28 369,590 20,001 – 50,000 20 565,531 50,001 – 100,000 4 285,932 100,001 – + 4 674,930 4.0 Unit Prices The monthly pest control services are based upon a unit cost per “square foot” as outlined in the bid schedule. The unit prices shall be inclusive of all costs, including labor, materials, equipment, overhead, etc., for the product or service requested. The special services are based upon a unit cost per “square foot”, “linear foot” and “hourly rate” as outlined in the bid schedule. The unit prices shall be inclusive of all costs, including labor, materials, equipment, overhead, etc., for the product or service requested. The services with an associated hourly rate as a measure of cost will be paid only for actual time at the worksite and travel time will not be an allowable item. 5.0 Experience The County requests that the vendor submit no fewer than three (3) and no more than ten (10) completed reference forms from clients within the last five (5) years whose projects are of a similar nature such as commercial and government institutions to this solicitation as a part of their proposal in the state of Florida. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using Form 5 provided in BidSync as part of the Required Forms. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that pro vides the information to assess the experience of the Proposer on relevant project work. 6.0 Price Modifications Price increase requests may be submitted 12 months after the contract anniversary date based on the percent change (up or down) of the Consumer Price Index (CPI). Retroactive price adjustments are not authorized. All requests must be submitted to the County Representative or designee. Any requested adjustment shall be fully documented and submitted to the County no less than thirty (30) days prior to the contract anniversary date. Any approved cost adjustments shall become effective as of the anniversary date or upon 16.C.7.a Packet Pg. 1267 Attachment: 22-7986 Solicitation (23848 : 22-7986 Pest Control) 4 Procurement Director/Board approval. • Contractor shall provide supporting documentation justifying price increases (examples: Contractor’s material agreements, distributor invoices, proof of fuel increases, etc.). • County Representative or designee shall analyze prices to determine if increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. • Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. • The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases and uploaded into the County’s Finance system. • Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. The County may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the County does not wish to accept the adjusted c osts and the matter cannot be resolved to the satisfaction of the County, a contract termination will have to be processed. 7.0 Additions and Deletions of Locations The County Representative or designee shall attempt to provide advanced written notice to the Contractor of all additional and/or new locations. Pricing for additional locations shall be at the unit price specified in the square footage rates provided in the Contractor’s proposal. If removing a location from coverage, the County Representative or designee shall provide written or electronic notice to the Contractor. The removed location shall not be billed for the month of removal. Any prepaid coverage fees will be refunded at a pro- rata amount to the County in the form of a credit on the subsequent billing. 8.0 Special Services Upon Request Special Services will be requested on an “as needed” basis. Special services can be contracted by all Departments/Divisions as needed for work not covered under the general scope of services. A scope of services will be provided, and a Purchase Order (PO) will be given prior to the services being performed. Each service is to be invoiced in accordance with the price set forth in the contract for the service rendered. These services are considered alternatives (the services are not a requirement of the contract but may be incorporated if the selected Contractor can provide the services). Any additional terms and conditions for termite services MUST be provided in conjunction with this solicitation. These services include but are not limited to: • Termite inspections and treatments (initial or annual inspection/retreatments: o The Contractor will evaluate the area to determine the type of termites present and develop a course of treatment and provide it to the County Representative or designee for approval prior to service. o Any additional terms and conditions for termite services MUST be provided in conjunction with this solicitation. o Entering, inspecting, and treating of specified structures must be performed to minimize interference with the daily routine of County employees and individuals using the facilities. The date and time of services must be mutually agreed upon by the County Representative or designee and the awarded Contractor(s). o Cost will be based upon the type of termite and unit of measure as stated on the bid schedule. The below services require an hourly rate as defined on the bid schedule: • Rodent Exclusion Services – All form of rodent eradication; location and sealing off all entry points, gaps, holes, etc. o Treatment is dependent upon location of entry points and type of building (i.e., wood, stucco, etc.). o Setting traps outside of the required 15’ from a building (i.e., parking lots, parks general areas) • Bed Bug Treatment – Treatment dependent upon level and location of infestation. 9.0 Personnel All Contractor(s) personnel will always have the Contractor's business name on their shirts and a Collier County Government issued badge/card available. Site access will be limited to required company vehicles and delivery vehicles only. Any parking at any of the County buildings or facilities is to be coordinated, in advance of starting a purchase order, with the County designee. Contractor(s) parking shall not interfere with County personnel or public parking or pedestrian traffic. Violators will be towed at owner's expense. • The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state, and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 16.C.7.a Packet Pg. 1268 Attachment: 22-7986 Solicitation (23848 : 22-7986 Pest Control) 5 • All of Contractor’s employees and subcontractors must always wear Collier County Government Identification badges while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. • The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. • Collier County Sheriff’s Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. Proper behavior and language by all Contractor(s) employees will always be enforced while working on County property. Contractor(s) employees shall be prohibited from disturbing items in County offices, and from smoking in any of the County facilities. 10.0 Contractor Licensing Requirements A Florida Certified Pesticide Applicator’s License must be included in the bid submittal or before the Notice of Recommended Award. Service Technicians must always have the applicable licensing with them. Operator’s licensing must be in the category of General Household Pest & Rodent Control. A copy of renewed licensing must be submitted to the County Representative or designee each year. Contractor must ensure that trained personnel with proper licenses apply pesticides. • To be eligible for award of a contract, the business location MUST be licensed by the State of Florida, Department of Agricultural and Consumer Services, Bureau of Entomology and Pest Control for a minimum of five (5) years. For more information, refer to the Structural Pest Control Act, Chapter 482, Florida Statutes. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0482/0482ContentsIndex.html The Contractor shall use qualified technicians to complete all work in accordance with the requirements specified in this Scope of Work. At any given time, the Technician’s credentials may be requested by the County. 11.0 Records/Documentation and Safety The Contractor(s) is responsible to maintain and update records for each serviced location. The documentation will include, and not be limited to, records of all service calls, services performed, site recommendations, and any additional services, if applicable. The Contractor(s) will maintain a service log for each site. The Contractor(s) will not charge for any call back work. All reports shall be sent to the County Representative, or their designee, noting date, type of service, location, etc. A current material, supplies, and equipment list shall be provided and updated on a quarterly basis with the updated list. The Contractor shall be responsible for the safe use and application of any pesticides or devices used in the pest control programs required under the contract. Protective clothing, equipment and devices shall as a minimum, conform to Occupational Safety and Health (OSHA) standard for the products being used. A Safety Data (SDS), in compliance with the standards set forth in Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (H.C.S.), 29 CFR 1910.1200, shall be provided. This includes, but is not limited to: • The chemical name and the common name for the toxic substance. • The hazards or other risks in the use of the toxic substance, including but not limited to the potential for fire, explosion, corrosively, and reactivity; known acute and chronic health effects of the risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use or exposure to the toxic substances, including appropriate emergency treatment in the case of over exposure. • The emergency protocol for spills, fire, disposal, blood-borne pathogens, and first aid. • A description in lay terms of the known, specific potential health risks posed by the toxic substance intended to alert any person reading the information. • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. • Note: All changes / updates shall be immediately reported to the County Representative or designee. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** 16.C.7.a Packet Pg. 1269 Attachment: 22-7986 Solicitation (23848 : 22-7986 Pest Control) Project Manager: Ann Simpson Number of Notifications Sent:4,635 Procurement Strategist: Barbara Lance Number of Vendors Viewed:41 Bid Due Date: August 8, 2022 at 3:00 pm Number of Bids Received:5 Item #Size of Location (Sq. Ft.)Estimated Quantity Unit of Measure Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 0 – 1,000 18 Square Foot 1,001 – 5,000 52 Square Foot 5,001 – 10,000 33 Square Foot 10,001 – 20,000 28 Square Foot 20,001 – 50,000 20 Square Foot 50,001 – 100,000 4 Square Foot 100,001 +4 Square Foot 22-7986 BID TABULATION Truly Nolen of America, Inc. (The BID TOTAL is used only for the award and does not reflect County usage or spend.) $12,045.00 $ 144,540.00 Total Monthly Cost 2 3 4 6 PEST CONTROL - COLLIER COUNTY FACILITIES Description: Monthly Price per square foot for locations under 1,001 square feet per location. Service Locations: Prior Annual Quantities estimated at 10,543 sq ft/mo (18 Bldgs). Prior quantities are not indicative of future use. Description: Monthly Price per square foot for locations 1,001 - 5,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 128,820 sq ft/mo (52 Bldgs). Prior quantities are not indicative of future use. Description: Monthly Price per square foot for locations 5001 - 10,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 247,946 sq ft/mo (33 Bldgs). Prior quantities are not indicative of future use. Description: Monthly Price per square foot for locations10,001 - 20,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 369,590 sq ft/mo (28 Bldgs). Prior quantities are not indicative of future use. 1 MONTHLY PEST CONTROL $1485.00$45.00$1155.00$35.00$1650.00 $52.00 $1456.00 Description: Monthly Price per square foot for locations 20,001 - 50,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 565,531 sq ft/mo (20 Bldgs). Prior quantities are not indicative of future use. Description: Monthly Price per square foot for locations under 50,001 - 100,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 285,932 sq ft/mo (4 Bldgs). Prior quantities are not indicative of future use. Description: Monthly Price per square foot for locations over 100,001 square feet per location. Service Locations: Prior Annual Quantities estimated at 674,930 sq ft/mo (4 Bldgs). Prior quantities are not indicative of future use. Total Annual Cost- Bid Total 7 5 Northwest Exterminating Co. LLC $9,856.00 $ 118,272.00 Massey Services, Inc. $50.00 $270.00$35.00 $630.00 $15.00 $20.00 $360.00 $40.00 $2080.00 $25.00 $1300.00 $30.00 $1560.00 $9,965.00 $ 119,580.00 $2240.00 $2500.00$125.00$2200.00$110.00 $1400.00 $80.00 $375.00 $1500.00 $350.00 $1400.00 $510.00 $2040.00 $600.00 $2400.00 $1900.00$95.00 $185.00 $740.00 $400.00 $1600.00 $50.00$35.00 $980.00 $75.00 $1500.00 $125.00 $500.00 $225.00 $900.00 $6,015.00 $ 72,180.00 $ 108,168.00 $72.00 $2016.00 $88.00 $1760.00 $145.00 $580.00 $395.00 $1580.00 $9,014.00 PRIMARY SECONDARY Southern Service Solutions LLC $24.50 $441.00 $28.50 $1482.00 $35.00 $1155.00 Power Exterminators Inc. dba PowerX $15.00 $270.00 $20.00 $1040.00 $25.00 $825.00 16.C.7.b Packet Pg. 1270 Attachment: 22-7986 Bid Tabulation (23848 : 22-7986 Pest Control) Truly Nolen of America, Inc.MONTHLY PEST CONTROL Northwest Exterminating Co. LLC Massey Services, Inc. PRIMARY SECONDARY Southern Service Solutions LLC Power Exterminators Inc. dba PowerX Drywood Treatment 5 Cubic Foot Description: Price per cubic foot for drywood treatment as needed. Subterranean Treatment 5 Linear Foot Description: Price per linear foot for subterranean treatment needed. Rodent Exclusion 3 Labor Hourly Description: Price per labor hour for rodent control as needed. Bed Bug Treatment 3 Labor Hourly Description: Price per labor hour for bed bug treatment as needed. Opened By: Barbara Lance *Deemed Minor Irregularity. Document received. Witnessed By: Juan Delgado Bid Open Date: August 8, 2022 No - Verified No - Verified No Vendor Checklist Yes No $930.45 SPECIAL SERVICES - Upon Request (not considered for determination of the lowest bidder) YES/NO YES/NO Yes Yes Yes Yes No - Verified Florida Certified Pesticide Applicator’s License No Yes COI Form 2: Conflict of Interest Affidavit Acknowlegement of Insurance and Bonding Reuirements E-Verify Total Cost for Special Services Form 3: Immigration Affidavit Certification Form 4: Vendor Submittal – Local Vendor Preference Affidavit Bid Schedule Form 1: Vendor Declaration 8 9 10 11 DESCRIPTION Yes No Addendums (1) Form 5: Reference Questionnaire (min 3) Yes Yes Yes Yes Yes No No Yes Yes * Yes Yes Yes * Yes Yes * Yes Yes Yes Contractor's Terms and Conditions (w/Bid or before NORA) SunBiz Vendor W – 9 Yes $1,828.75 YES/NO Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes No Yes YES/NO $915.00 Yes Yes Yes Yes Yes $0.00 $0.09 $450.00 $300.00 $900.00 $170.00 $510.00 $150.00 $450.00 $300.00 $900.00 $135.00 $405.00 $150.00 $0.45 $5.00 $25.00 $0.00 $0.00 $6.00 $30.00 $0.75 $3.75 $0.00$0.10 $0.50 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes * Yes Yes Yes Yes $3.50 $17.50 $75.00 $225.00 $150.00 $450.00 $693.00 Yes $165.00 $825.00 $9.95 $49.75 $35.00 YES/NO $35.00 $105.00 $1,084.75 $105.00 16.C.7.b Packet Pg. 1271 Attachment: 22-7986 Bid Tabulation (23848 : 22-7986 Pest Control) COUNTY MANAGER OPERATIONS Procurement Services Division Notice of Recommended Award Solicitation: 22-7986 Title: Pest Control – Collier County Facilities Due Date and Time: August 8, 2022 at 3:00 pm Respondents: Company Name City County State Bid Amount Responsive/Responsible Power Exterminators Inc. dba PowerX Miami Miami- Dade FL $72,180.00 Yes/Yes Southern Service Solutions LLC Miami Miami- Dade FL $108,168.00 Yes/Yes Northwest Exterminating Co. LLC Marietta Cobb GA $118,272.00 Yes/Yes Massey Services, Inc. Fort Myers Lee FL $119,580.00 Yes/Yes Truly Nolen of America, Inc. Fort Myers Lee FL $144,540.00 Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On July 5, 2022, the Procurement Services Division issued Invitation to Bid (“ITB”) 22-7986 to four thousand six hundred thirty-five (4,635) vendors for Pest Control – Collier County Facilities. Forty-one (41) bid packages were viewed and five (5) bids were received by the August 8, 2022 deadline. Staff reviewed the bids received. All five (5) bidders were deemed responsive and responsible with minor irregularities. Staff recommends the contract to be awarded to a Primary and Secondary vendor as noted below: Primary - Power Exterminators Inc. dba PowerX Secondary - Southern Service Solutions LLC Contract Driven Purchase Order Driven Required Signatures Project Manager: Sandi Felke Procurement Strategist: Barbara Lance Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 438578AB-BCC5-486A-B20E-E5EE2C620099 8/29/2022 8/29/2022 8/29/2022 16.C.7.c Packet Pg. 1272 Attachment: 22-7986 Notice of Recommended Award_Executed (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1273Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1274Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1275Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1276Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1277Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1278Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1279Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1280Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1281Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1282Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1283Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1284Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1285Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1286Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1287Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1288Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1289Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1290Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1291Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1292Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1293Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1294Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.dPacket Pg. 1295Attachment: 22-7986 SouthernServiceSolution, LLC_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1296 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1297 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1298 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1299 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1300 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1301 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1302 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1303 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1304 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1305 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1306 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1307 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1308 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1309 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1310 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1311 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1312 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1313 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1314 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1315 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1316 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1317 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1318 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1319 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) 16.C.7.e Packet Pg. 1320 Attachment: 22-7986 - Southern Solutions Proposal (23848 : 22-7986 Pest Control) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/03/2022 Felix R. Sardina Insurance Agency Inc. dba FRS Insurance 12900 SW 128th Street Suite 104 Miami FL 33186 Felix Sardina (305) 971-7088 (305) 971-7081 felix@frsinsurance.com Southern Service Solution LLC 4630 SW 147th Ct Miami FL 33185 IMPERIUM INS CO 35408 PROGRESSIVE EXPRESS INSURANCE COMPANY 10193 A X IIC-GL-04875-06 07/18/2022 07/18/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B 01752001-0 07/27/2022 07/27/2023 1,000,000 A Pollution Coverage Professional Liability (Errors and Omissions), IIC-GL-04875-06 07/18/2022 07/18/2023 EACH OCCURRENCE 1,000,000 GENERAL AGGREGATE 2,000,000 Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 16.C.7.f Packet Pg. 1321 Attachment: 22-7986 COI_SouthernServiceSolution, LLC (23848 : 22-7986 Pest Control) 11/03/2022 Dopazo & Associates Inc 10723 SW 104th ST Miami FL 33176 Maximo Dopazo CPIA (305) 470-8500 (866) 647-9673 max@dopazo.com Southern Service Solutions LLC Jesus Martinez, DBA: Professional Cleaning Solutions 4630 SW 147 Court Miami FL 33185 Technology Insurance Co 42376 CL2221437076 A Y TWC4061105 02/06/2022 02/06/2023 1,000,000 100,000 500,000 Janitorial and pest control services. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 16.C.7.f Packet Pg. 1322 Attachment: 22-7986 COI_SouthernServiceSolution, LLC (23848 : 22-7986 Pest Control) 16.C.7.f Packet Pg. 1323 Attachment: 22-7986 COI_SouthernServiceSolution, LLC (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1324 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1325 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1326 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1327 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1328 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1329 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1330 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1331 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1332 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1333 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1334 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1335 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1336 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1337 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1338 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1339 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1340 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1341 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1342 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1343 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1344 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1345 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1346 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.g Packet Pg. 1347 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 1 of 2 2721 Forsyth Rd #365 Winter Park, Fl. 32792 1800-555-0170 DRYWOOD TERMITE PARTIAL TREATMENT SERVICE AGREEMENT Customer:________________________________________________________________________________________ Customer Address: _________________________________________________________________________________________________ Customer Contact Info: _________________________________________________________________________________________________ (Home) (Cell) (E-Mail) Serviced Property: Residential Commercial Treatment Purpose:  Prevent or  Correct an infestation of Drywood Termites Location of Treatment Sticker: _______________________________ Date of Treatment: ______________________ Service Address:___________________________________________________________________________________ Structure: _______________________ Area(s) of Structure Serviced:_________________________________________ Type:  Concrete Block  Wood Frame  Wood Frame Stucco w/ Wood Below Grade Notes:___________________________________________________________________________________________ ________________________________________________________________________________________________ This is a Drywood Termite Partial Treatment Service Agreement (“Agreement”) between POWERX and the above-named Customer to service the above referenced Structure(s) for Drywood Termites (Kalotermes spp., Incisitermes spp., Cryptotermes spp.). NO OTHER TYPE OF WOOD-DESTROYING ORGASNISM, TO INCLUDE DAMP WOOD TERMITES, SUBTERRANEAN TERMITES, WOOD BORING BEETLES OR WOOD-DECAYING FUNGI IS COVERED UNDER THE TERMS OF THIS AGREEMENT. In consideration for the payment(s) of the fees, and tax, if applicable, set forth below and subject to the general terms and conditions provided within this Agreement, POWERX will apply a liquid, dust or foam termiticide treatment to specific areas of the Structure (the “Treated Area(s)”) identified above in accordance with the manufacturer’s product label for the pesticide utilized. Future re-treatments may be necessary during the period of this Agreement and will be provided at no additional cost to the Customer if a reinfestation of Drywood Termites occurs in the Treated Area(s). Such Re-treatments, if necessary, will not include a structural fumigation. This Agreement is offered for RETREATMENT ONLY service. Under this service, in the event of a reinfestation of Drywood Termites, POWERX’s only obligation will be to retreat the Treated Area(s) in accordance with the manufacturer’s product label for the retreatment method selected, subject to and in addition to the General Terms and Conditions within this Agreement. PAYMENT TERMS: The Total Price is due upon POWERX’s treatment at the Service Address. Service Fee: $__________________ Less Coupons or Discounts (if applicable): $__________________ Sales Tax (if applicable): $__________________ Total Price: $__________________ METHOD OF PAYMENT  CREDIT CARD  CHECK # ___________  CASH INSPECTIONS: POWERX will perform a visual inspection of the Treated Area(s) at 12-to-18-month intervals. The inspection will be of readily accessible areas only and may not include attics or crawlspaces. POWERX will not open any walls, remove any floor coverings or move any furniture, equipment or other obstructions during the inspection to access or inspect any specific portion of the Treated Area(s). Customer acknowledges and accepts that this visual inspection of the readily accessible areas is a reasonable inspection for the purposes of this Agreement. RENEWAL TERMS: The initial term of this Agreement is for one (1) year. Customer may renew this Agreement for ______ ( ) additional years by paying an annual renewal fee of $_______________, on or before each anniversary date of this Agreement. For purposes of this Agreement, the parties agree that “anniversary date” is defined as that day that falls exactly one year from the Date of this Agreement. Customer’s failure to pay the annual renewal fee in accordance with this Agreement will render this Agreement voidable, at the election of POWERX, but shall not relieve Customer from the obligation and requirement to provide payment for all amounts due and owing pursuant to this Agreement. POWERX may adjust the annual renewal fee by providing written notice to Customer within thirty (30) days before the anniversary date of this Agreement. 16.C.7.g Packet Pg. 1348 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 2 of 2 By signing this Agreement, Customer hereby acknowledges that Customer has read and fully understands all terms, disclaimers, limitations, conditions and exclusions contained on the front and back of this Agreement that affect POWERX’s obligations to retreat the Treated Area(s) areas of the Structure under the terms of this Agreement. Customer specifically understands that POWERX and Customer are bound only by the terms of this Agreement and not by any other representation(s) whether oral, written, or otherwise. BUYER’S RIGHT TO CANCEL: If this is a home solicitation sale and Customer does not want the goods or services, Customer may cancel this Agreement by giving written notice of cancellation to POWERX before midnight of the third business day after the day Customer signed this Agreement. _______________ ________________________________________ ___________ ___________________ Date Customer/Customer’s Agent Date PowerX GENERAL TERMS AND CONDITIONS POWERX and Customer agree to the following Terms and Conditions: 1. SPECIFIC EXCLUSIONS FOR RETREATMENT ONLY SERVICE: POWERX’s only obligation is to retreat the Treated Area(s) of the Structure identified above should a live infestation of Drywood Termites occur or reoccur following POWERX’s initial treatment. Accordingly, Customer agrees that this Agreement does not cover and POWERX shall not be responsible or liable for any of the following: a. Damage of any nature to the Structure(s) or its contents resulting from Drywood Termites, Subterranean Termites, or any other insect, pest, or wood-destroying organisms, including their respective aerial infestations. b. Damage and/or remedial treatments resulting from a disruption of the termiticide treatment or from infested wood and/or furniture being introduced into Structure(s) after initial treatment. c. The treatment for infestations in inaccessible areas or that are concealed by Exterior Insulation and Finish System (EIFS), an application of Closed Cell or Open Cell Spray Foam insulation (Polyurethane, Polystyrenes, Polyisocyanurates, or Polyisocyanurates based materials and all similar materials collectively referred to as foam materials) to a crawlspace area, attic area, or an area behind any type of siding which limits or prohibits an adequate inspection and treatment. d. Personal expenses or economic damages such as lodging, meals, transportation, medical, gas, utilities, etc.; or reimbursement for loss of quiet enjoyment, loss of use or diminution in value of the Structure(s); or any indirect, special, or consequential damages, including loss of anticipated or actual profits, income or business opportunities. e. With the exception of prevailing party fees awarded as a result of any collection action addressed in Paragraph 11 below, Attorney’s fees of any kind, including those provided by any statute (including a Proposals for Settlement and Load Star Multiplier) and any state or federal rule of procedure. f. Injury or death of any pets or feral animals. g. Damage caused by POWERX to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the services provided under this Agreement. No provision within this Agreement should be construed to mean that Drywood Termites will never infest or reinfest the Treated Area(s). These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within this Agreement. 2. LIMITATION ON LIABILITY: In the event that any of the exclusions in Paragraph 1 above do not apply for any reason, POWERX’s liability for any claim whatsoever is limited to the TOTAL PRICE amount indicated on the front of this Agreement. This Agreement is not intended to benefit any person or entity other than the named Customer or subsequent Transferee. 3. DUTY TO AVOID CONDUCIVE CONDITIONS Customer agrees to cooperate with POWERX during the term of this Agreement by avoiding and eliminating those conditions or factors that might contribute to a Drywood Termite infestation or disrupt the termiticide treatment applied to the Treated Area(s). These conditions include, but are not to be limited to, an application of Closed Cell or Open Cell Spray Foam insulation (Polyurethane based products, Polystyrenes, Polyisocyanurates, Polyisocyanurates and all similar materials collectively referred to as foam materials) to a crawlspace area, attic area, or an area behind any type of siding which limits or prohibits an adequate inspection, crawlspace encapsulation systems which limit or prohibit an adequate inspection of a crawlspace area. Customer’s failure to eliminate the conducive condition within sixty (60) days of POWERX’s written notification will render this Agreement voidable, in whole or part, by POWERX. 4. MODIFICATIONS OR ALTERATIONS TO STRUCTURE(S) This Agreement only covers the Treated Area(s) of Structure identified on the front page of this Agreement. The Customer shall provide notification to POWERX, in writing, prior to any alteration, addition, modification or change to the Treated Area(s) or any disruption of the applied termiticide treatment applied. POWERX shall have the right to terminate this Agreement if Customer fails to provide such written notice of any alteration, addition, modification or change to the Treated Area(s) or the disruption of the termiticide treatment. Any additional treatment required because of any alteration, addition, modification or change to the Treated Area(s) of the Structure or any disruption of the termiticide treatment shall be provided by POWERX at Customer’s expense. Customer agrees that POWERX shall have the right to charge an additional fee or increase the renewal fee stated on the front page of this Agreement, or both, as a result of such alteration, addition, modification or change to Treated Area(s) of the Structure that affects the efficacy of the treatment applied to the Treated Area(s). 5. CHANGE IN LAW Should any federal, state or local law or regulation change regarding the Agreement, treatment or services, POWERX is authorized to take any action necessary to bring itself into compliance with said laws. If POWERX cannot modify the terms of this its Agreement or its treatments or services in order to comply with such change in the law, then POWERX reserves the right to immediately terminate this Agreement. 6. CHEMICAL SENSITIVITY If Customer or an occupant of the Structure knows, or believes, that he or she may be sensitive to pesticides, written notice must immediately be provided to the POWERX prior to any treatment or retreatment performed on the Structure(s). POWERX reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide this notification represents Customer and occupants’ assumption of the risk and waiver of any claims against POWERX in connection with such sensitivity. Customer further agrees to indemnify, protect and hold harmless POWERX from any and all chemical sensitivity claims, causes, actions, judgments, costs, attorney's fees, expenses and losses of every kind and character, whether direct or indirect, brought by Customer or other occupants of the Structure, if Customer fails to provide the above written notice. 7. BINDING ARBITRATION Customer and POWERX agree that any and all controversies or claims between them arising out of or relating to this Agreement, or the breach thereof, shall be settled solely and exclusively by arbitration administered under the Revised Florida Arbitration Act, Chapter 682, Florida Statutes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted in Orange County, Florida, using the substantive law of Florida governing the issue or claim in dispute. The arbitrator shall be independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. Neither party shall sue the other where the basis of the suit is or arises out of this Agreement, other than for (1) enforcement of this arbitration provision, (2) appointment of an arbitrator if one cannot be mutually agreed upon, or (3) enforcement of the arbitrator’s decision. The Parties agree that the sole and exclusive venue of any suit shall be Orange County, Florida. All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties. This arbitration provision shall survive cancellation, expiration, or termination of this Agreement. 8. TRANSFERABILITY This Agreement is transferable to a new owner of the Structure at POWERX’s discretion. If POWERX consents to such transfer, POWERX may charge a transfer fee and adjust the annual renewal fee. 9. TERMINATION POWERX’ responsibilities, duties, obligations, and any liabilities under this Agreement shall be terminated if POWERX is prevented or delayed from fulfilling any of its duties, obligations or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer’s interference or refusal to provide POWERX with access to Structure(s). 10. SEVERABILITY Customer agrees that if any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. 11. NON-PAYMENT/RIGHT TO LIEN Notwithstanding any provision within this Agreement to the contrary, POWERX may initiate a legal action to recover all unpaid balances. In the event a collection service is utilized or legal action becomes necessary to recover unpaid balances, Customer will be responsible to pay all expenses associated with said collection, including attorney’s fees and costs. In the event that Customer fails to pay any sum due and owed under the terms of this Agreement, POWERX has the right to immediately place a lien on Customer’s property at the maximum interest allowed by law and terminate this Agreement. 16.C.7.g Packet Pg. 1349 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 1 of 3 2721 Forsyth Rd #365 Winter Park, Fl. 33176 1800-555-0170 SUBTERRANEAN TERMITE SERVICE AGREEMENT Customer:_______________________________________________________________________ Customer Address: ________________________________________________________________________________ Customer Contact Info: ________________________________________________________________________________ (Home) (Cell) (E-Mail) Serviced Property: Residential Commercial Treatment Purpose:  Prevent or  Correct an infestation of subterranean termites Location of Treatment Sticker: ________________ Date of Treatment:_______________ Service Address: ________________________________________________________________________________ Structure(s) to be Serviced:____________________________________ Linear Ft.: _____________ _____ Type:  Concrete Block  Wood Frame  Wood Frame Stucco w/ Wood Below Grade Slab Type:  Monolithic  Supported  Floating  Crawl _____ Open _____ Closed Notes: ________________________________________________________________________________ ________________________________________________________________________________ This is a Subterranean Termite Service Agreement (“Agreement”) between POWERX and the above- named customer (“Customer”). This Agreement only covers the Structure(s) specifically identified above (“Structure(s)”) and does not cover detached garages, out buildings, fences, decks or other buildings, construction or improvements located at the Service Address, unless specified in writing on this Agreement. In consideration for the payment of the fees and any applicable tax and subject to the General Terms and Conditions provided within this Agreement, POWERX will apply a liquid termiticide treatment under and/or around the first-floor level of the Structure(s) in accordance with the manufacturer’s label requirements for the control of:  Eastern Subterranean Termites (Reticulitermes)  Formosan Subterranean Termites (Coptotermes Formosanus). Only the preceding subterranean termite species selected for service will be controlled under this Agreement and will be hereinafter referred to individually or collectively as “Subterranean Termites.” NO OTHER TYPE OF WOOD-DESTROYING ORGANISM, TO INCLUDE DAMP WOOD TERMITES, DRYWOOD TERMITES, WOOD BORING BEETLES OR WOOD-DECAYING FUNGI IS COVERED UNDER THE TERMS OF THIS AGREEMENT. Re-treatments with a liquid termiticide may be necessary during the period of this Agreement and will be provided at no additional cost to the Customer should a reinfestation of Subterranean Termites occur. This Agreement is offered for RETREATMENT ONLY SERVICE. Under this service, in the event of a reinfestation of Subterranean Termites, POWERX’s only obligation will be to retreat the Structure(s) in accordance with the manufacturer’s product label for the retreatment method selected, subject to and in addition to the General Terms and Conditions within this Agreement. PAYMENT TERMS: Full payment of the Total Price is due upon Customer’s execution of this Agreement. 16.C.7.g Packet Pg. 1350 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 2 of 3 Service Fee: $__________________ Less Coupons or Discounts (if applicable): $__________________ Sales Tax (if applicable): $__________________ Total Price: $__________________ METHOD OF PAYMENT:  CREDIT CARD  CHECK # ___________  CASH INSPECTIONS: POWERX will perform a visual inspection of the treated Structure(s) for Subterranean Termites at 12 to 18 month intervals or at Customer’s request. The inspection will be of readily accessible areas only and may not include the attic or crawlspace. The inspection will not cover areas that are enclosed, inaccessible or concealed by wall coverings, floor coverings, furniture, equipment, stored articles, nor any portion of the Structure(s) in which the inspection would necessitate removing or defacing any part of Structure(s). Customer acknowledges and accepts that this visual inspection of the readily accessible areas of the Structure(s) is a reasonable inspection for the purposes of this Agreement. RENEWAL TERMS: The initial term of this Agreement is for one (1) year. Customer may renew this Agreement for ________ ( ) additional year(s) by paying an annual renewal fee of $_______________ on or before the anniversary date of this Agreement. For the purposes of this Agreement, the parties agree that “anniversary date” is defined as exactly one year from the date Customer executes this Agreement. Customer’s failure to pay the renewal fee in accordance with this Agreement will render this Agreement voidable at the election of POWERX, but shall not relieve Customer from the obligation and requirement to provide payment for all amounts due and owing pursuant to this Agreement. POWERX may adjust the annual renewal fee by providing written notice to Customer within thirty (30) days before the anniversary date of this Agreement. By signing this Agreement, Customer hereby acknowledges that Customer has read and fully understands all terms, disclaimers, limitations, conditions and exclusions contained on the front and back of this Agreement that affect POWERX’s obligations under its RETREATMENT ONLY SERVICE. Customer specifically understands that POWERX and Customer are bound only by the terms of this Agreement and not by any other representation(s) whether oral, written, or otherwise. BUYER’S RIGHT TO CANCEL: If this is a home solicitation sale and Customer does not want the goods or services, Customer may cancel this Agreement by giving written notice of cancellation to POWERX before midnight of the third business day after the day Customer signed this Agreement. __________ __________________________ __________ ___________________ Date Customer/Customer’s Agent Date PowerX GENERAL TERMS AND CONDITIONS POWERX and Customer agree to the following Terms and Conditions: 1. SPECIFIC EXCLUSIONS FOR RETREATMENT ONLY SERVICE: POWERX’s only obligation is to retreat the Structure(s) if a live infestation of Subterranean Termites occurs. Accordingly, Customer agrees that this Agreement does not cover, and POWERX shall not be responsible or liable for, any of the following: a. Damage of any nature to the Structure(s) or its contents resulting from any species of subterranean termites, including Eastern or Formosan subterranean termites, drywood termites or any other insect, pest, mold, fungi or wood-destroying organism. b. Service or treatments for any other species of subterranean termite other than that subterranean termite selected for service under the terms of this Agreement. If Formosan subterranean termite service is not selected, Formosan Subterranean termites are excluded from service under this Agreement. c. Damage, service or remedial treatments resulting from subterranean termite infested wood and/or furniture introduced into Structure(s) before or after the initial treatment or any retreatment. d. Service, treatments or damage caused by an aerial infestation or the establishment of a satellite colony (an infestation that does not need to return to the ground) of any type of termite, to include any Subterranean Termites designated for service under this Agreement. e. Personal expenses or economic damages such as lodging, meals, transportation, medical, gas, utilities, etc…, or reimbursement for loss of quiet enjoyment, loss of use or diminution in value of the Structure(s); or any indirect, special, or consequential damages, including loss of anticipated or actual profits, income or business opportunities, which arose as a result of an infestation of or damage caused by Subterranean Termites or any service provided under this Agreement. f. Damage of any nature or treatments resulting from hidden construction defects, foam insulation, or paver installations which provide access to the Structure(s) over or around the any termiticide application or caused by a conducive condition (see paragraph 3 below) identified in writing by POWERX which was not corrected by Customer within sixty (60) days. g. With the exception of prevailing party fees awarded as a result of any collection action addressed in Paragraph 11 below, attorney’s fees of any kind, including those provided by any statute (including a Proposals for Settlement and Load Star Multiplier) and any state or federal rule of procedure. h. Injury or death to any domestic pets or feral animals. i. Damage caused by POWERX to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the services provided under this Agreement. No provision within this Agreement should be construed to mean that Subterranean Termites will never infest, reinfest or damage the Structure(s). These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within this Agreement. 2. LIMITATION ON LIABILITY: In the event that any of the exclusions in Paragraph 1 do not apply for any reason, to include POWERX’s negligence or breach of this Agreement, POWERX’s liability for any claim whatsoever is limited to the Total Price amount indicated on the front of this Agreement. This Agreement is not intended to benefit any person or entity other than the named Customer or subsequent Transferee. 3. DUTY TO AVOID CONDUCIVE CONDITIONS Customer agrees to cooperate with POWERX during the term of this Agreement by avoiding and eliminating those conditions or factors that might contribute to a Subterranean Termite infestation or disrupt the 16.C.7.g Packet Pg. 1351 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 3 of 3 effectiveness of the treatments. These conditions include, but are not to be limited to, construction defects, wood, trash, Exterior Insulation and Finish System (EIFS), an application of Closed Cell or Open Cell Spray Foam insulation (Polyurethane based products, Polystyrenes, Polyisocyanurates, Polyisocyanurates and all similar materials collectively referred to as foam materials) to a crawlspace area, attic area, or an area behind any type of siding which limits or prohibits an adequate inspection, crawlspace encapsulation systems which limit or prohibit an adequate inspection of a crawlspace area, stucco below grade, direct wood to soil contact, tree stumps, standing water or above ground moisture accumulations caused by any natural or man-made source. Such moisture accumulations include, but are not to be limited to, condensation, leaks from exterior walls, windows, doors, roofs, skylights, chimneys, gutters, down spouts, plumbing, plumbing fixtures, sprinkler systems, moisture trapped by foam materials, air conditioning and heating systems (including condensate drains and duct work) or inadequate ventilation. In no event is POWERX responsible any additional service or damage to the Structure(s) or its contents resulting from conditions conducive to a Subterranean Termite infestation. Customer agrees to eliminate any conducive conditions identified within sixty (60) days of POWERX’s written notification of such conditions. Customer’s failure to eliminate the conducive condition within sixty (60) days of POWERX’s written notification will render this Agreement voidable, in whole or part, by POWERX. 4. MODIFICATIONS OR ALTERATIONS TO STRUCTURE(S) This Agreement only covers the original configuration of the Structure(s) identified above as of the date of this Agreement. The Customer shall provide notification to POWERX, in writing, prior to any alteration, addition, modification or change to the Structure(s), to include, but not limited to, the application of Closed Cell or Open Cell Spray Foam insulation, the installation of a crawlspace encapsulation system, any disruption of the applied treatment(s) or soil surrounding the foundation of the Structure(s). POWERX shall have the right to terminate this Agreement if Customer fails to provide written notice of any alteration, addition, modification or change to the Structure(s), or disruption of the applied treatment or soil surrounding the foundation of the Structure(s). Any additional treatment or service required due to an alteration, addition, modification or change to the Structure(s) will be provided by POWERX at Customer’s expense. Customer agrees that POWERX shall have the right to charge an additional fee or increase the renewal fee stated on the front page of this Agreement, or both, as a result of such alteration, addition, modification, or change to the Structure(s), or disruption of the applied treatment or soil surrounding the foundation of the Structure(s) that occurs while this Agreement is in effect. 5. CHANGE IN LAW Should any federal, state or local law or regulation change affecting this Agreement or the services or treatment provided thereunder, POWERX is authorized to take any action necessary to bring itself into compliance with said laws. If POWERX cannot modify the terms of this Agreement or its services or treatment in order to comply with such change in the law, then POWERX reserves the right to immediately terminate this Agreement. 6. CHEMICAL SENSITIVITY If Customer or an occupant of the Structure(s) knows, or believes, that he or she may be sensitive to pesticides, written notice must immediately be provided to POWERX prior to any treatment or retreatment performed on the Structure(s). POWERX reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide this notification represents Customer and occupants’ assumption of the risk and waiver of any claims against POWERX in connection with such sensitivity. Customer further agrees to indemnify, protect and hold harmless POWERX from any and all chemical sensitivity claims, causes, actions, judgments, costs, attorney's fees, expenses and losses of every kind and character, whether direct or indirect, brought by Customer or other occupants of the Structure(s), if Customer fails to provide the above written notice. 7. BINDING ARBITRATION: Customer and POWERX agree that any and all controversies or claims between them arising out of or relating to this Agreement, or the breach thereof, shall be settled solely and exclusively by arbitration administered under the Revised Florida Arbitration Act, Chapter 682, Florida Statutes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted in Orange County, Florida, using the substantive law of Florida governing the issue or claim in dispute. The arbitrator shall be independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. Neither party shall sue the other where the basis of the suit is or arises out of this Agreement, other than for (1) enforcement of this arbitration provision, (2) appointment of an arbitrator if one cannot be mutually agreed upon, or (3) enforcement of the arbitrator’s decision. The Parties agree that the sole and exclusive venue of any suit shall be Orange County, Florida. All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties. This arbitration provision shall survive cancellation, expiration, or termination of this Agreement. 8. TRANSFERABILITY This Agreement is transferable to a new owner of the Structure(s) at POWERX’s discretion. If POWERX consents to such transfer, POWERX may charge a transfer fee and adjust the annual renewal fee. 9. TERMINATION POWERX’s responsibilities, duties, obligations, and any liabilities under this Agreement shall be terminated if POWERX is prevented or delayed from fulfilling any of its duties, obligations or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer’s interference or refusal to provide POWERX with access to Structure(s). Customer agrees to provide unimpeded access to the treated Structure(s) on the property for any inspections or treatment as deemed necessary by POWERX. 10. SEVERABILITY Customer agrees that if any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. 11. NON-PAYMENT/RIGHT TO LIEN Notwithstanding any provision within this Agreement to the contrary, POWERX may initiate a legal action to recover all unpaid balances. In the event a collection service is utilized or legal action becomes necessary to recover unpaid balances, Customer will be responsible to pay all expenses associated with said collection, including attorney’s fees and costs. In the event that Customer fails to pay any sum due and owed under the terms of this Agreement, POWERX has the right to immediately place a lien on Customer’s property at the maximum interest allowed by law and terminate this Agreement. 16.C.7.g Packet Pg. 1352 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 1 of 3 2721 Forsyth Rd #365 Winter Park. Fl. 32792 1800-555-0170 WOOD-DESTROYING ORGANISM FUMIGATION RE-TREATMENT ONLY SERVICE AGREEMENT Customer:________________________________________________________________________ Customer Address:_________________________________________________________________________ Customer Contact Info:_____________________________________________________________________________ (Home) (Cell) (E-Mail) Serviced Property: Residential Commercial Location of Treatment Sticker: _________________ Date of Treatment: _______________ Service Address:_________________________________________________________________________ Structure(s) to be Serviced:_____________________________ Cubic Feet: ___________________ Type:  Concrete Block  Wood Frame  Wood Frame Stucco w/ Wood Below Grade Slab Type:  Monolithic  Supported  Floating  Crawl _____ Open _____ Closed Notes:___________________________________________________________________________ This is a Wood-Destroying Organism Fumigation Re-Treatment Only Service Agreement (“Agreement”) between POWERX and the above-named Customer (“Customer”). This Agreement only covers the structure(s) specifically identified above (“Structure(s)”). This Agreement does not cover detached garages, out buildings, fences, decks or other buildings, construction or improvements to the property located at the service address of Structure(s), unless specified in writing on this Agreement. In consideration for the payment of the sum set forth below, plus any applicable taxes, and subject to the general terms, limitations, exclusions, disclaimers and conditions provided within this Agreement and the Customer’s Fumigation Checklist, which is incorporated herein by reference, that affect POWERX’s obligation to service and/or re-treat the Structure(s). POWERX, or its Sub Contractor, will fumigate the above identified Structure(s) for the following wood-destroying organisms: □ Drywood Termites □ Powder-Post Beetles □ Old House Borers □ Other(s) _________________________________. The treatment provided under this Agreement is intended to correct an infestation of the above-designated wood-destroying organism(s). If a reinfestation of the designated wood-destroying organism occurs while this Agreement is in effect, POWERX will, at its discretion, select and provide a method of re-treatment to the Structure(s) at no additional cost to the Customer; however, Customer acknowledges that such re-treatment may not include a fumigation. PAYMENT TERMS: Total Price is due upon Customer’s execution of this Agreement. Treatment Price $__________________ Sales Tax, if any $__________________ Other: $__________________ Total Price $__________________ METHOD OF PAYMENT:  CREDIT CARD  CHECK # ________  CASH RENEWALS: The term of this Agreement is for one (1) year. Customer may renew this Agreement on an annual basis for a period not to exceed a total of __________ ( ) years. The annual renewal fee is $_______________. Customer’s failure to pay the annual renewal fee in accordance with this Agreement will render this Agreement voidable at the election of POWERX, but shall not relieve Customer from the obligation and requirement to provide payment for all amounts due and owing pursuant to this Agreement. POWERX reserves the right to adjust the renewal fee upon written notice 16.C.7.g Packet Pg. 1353 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 2 of 3 given to Customer within forty-five (45) days prior to the anniversary date of this Agreement. Customer has the right to terminate this Agreement upon receipt of POWERX’s written notice of an increase in the annual renewal fee. INSPECTIONS: POWERX will perform a visual inspection of the treated Structure(s) for the above- designated wood-destroying organism(s) at 12 to 18 month intervals or at Customer’s request. The inspection will be of readily accessible areas only and may not include the attic or crawl space. The inspection will not cover areas that are enclosed, inaccessible or concealed by wall coverings, floor coverings, furniture, equipment, stored articles, nor any portion of the Structure(s) in which the inspection would necessitate removing or defacing any part of Structure(s). POWERX will not open any walls, remove any floor coverings or move any furniture, equipment or other obstructions during the inspection to access or inspect any portion of the Structure(s). Customer acknowledges and accepts that this visual inspection of the readily accessible areas of the Structure(s) is a reasonable inspection for the purposes of this Agreement. By signing this Agreement, Customer certifies that Customer has read and fully understands all disclaimers, limitations, conditions and exclusions contained on the front and back of this Agreement, as well as the Customer’s Fumigation Checklist, which is incorporated herein by reference, that affect POWERX’s obligation to service and re-treat the Structure(s). CONSENT FOR USE OF A SUBCONTRACTOR: Customer acknowledges and agrees that POWERX may utilize a subcontractor to perform the fumigation procedure and that such use of a subcontractor constitutes POWERX’s performance under this Agreement. ______ int. BUYER’S RIGHT TO CANCEL: If this is a home solicitation sale and Customer does not want the goods or services, Customer may cancel this Agreement by giving written notice of cancellation to POWERX before midnight of the third business day after the day Customer signed this Agreeme nt. __________ _________________________________ __________ ______________ Date Customer/Customer’s Agent Date POWERX GENERAL TERMS AND CONDITIONS POWERX AND CUSTOMER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: 1. CUSTOMER’S ACKNOWLEDGEMENT OF POWERX’s RE- TREATMENT ONLY OBLIGATION Customer acknowledges and agrees that POWERX’s obligation under this Agreement is limited to re-treatment of the Structure(s) in the event of a reinfestation of the wood-destroying organism(s) designated for service under this Agreement. Under no circumstances will Customer hold POWERX responsible or liable for any damage to Structure(s) caused by said organism. 2. SPECIFIC EXCLUSIONS Customer agrees that this Agreement does not cover and POWERX shall not be responsible or liable for any of the following: a. Damage of any nature to the Structure(s) or its contents, or bodily injury, resulting from any insect, pest, or wood-destroying organism, to include the above-designated wood-destroying organisms, moisture conditions, conducive conditions, and/or wood-decaying fungi, fungus or mold. b. Unless designated for service on the front of this Agreement, Formosan subterranean termites are excluded from service under this Agreement. c. Re-treatment resulting from infested wood and/or furniture introduced into Structure(s) after initial treatment. d. Any property damage or bodily injury caused by Customer’s failure to follow the directions set forth in the Customer’s Fumigation Checklist. e. Any damage or bodily injury of any nature resulting from moisture or indoor air quality conditions created in the Structure(s) during the fumigation procedure, including but not limited to wood- decaying fungi, fungus or mold. f. Damage or loss due to vandalism, theft, breaking and entering or trespass by third or unknown parties at the Structure(s) that occurs during the fumigation procedure and aeration period. Customer agrees to hold POWERX harmless and indemnify it for all claims or action brought against POWERX in connection with such illegal activities at the Structure(s). Customer acknowledges POWERX’s recommendation that Customer obtains a watchman or guard during the fumigation procedure and aeration period. g. Florida regulations governing fumigation operations require a Customer to surrender a key to the Structure(s) and POWERX to affix secondary locks to help protect against an unauthorized entry; notwithstanding, Customer acknowledges and agrees that the surrender of a key to POWERX and affixing secondary locks to the Structure(s) do not constitute POWERX taking possession of the Structure(s) or creates a bailment relationship. h. Personal expenses or economic damages such as lodging, meals, transportation, medical, gas, utilities, etc…, or reimbursement for loss of quiet enjoyment, loss of use or diminution in value of the Structure(s); or any indirect, special, or consequential damages, including loss of anticipated or actual profits, income or business opportunities, which is the result of any treatment or re-treatment. i. With the exception of prevailing party fees awarded as a result of any collection action addressed in Paragraph 12 below, Attorney’s fees of any kind, including those provided by any statute (including a Proposals for Settlement and Load Star Multiplier) or under any state or federal rule of procedure. j. Any expenses associated with the loss of food, medication, tobacco, all open beverages, alcoholic or otherwise, pet food or any other materials that Customer was required to remove prior to the fumigation as stated in the Customer’s Fumigation Checklist. k. Damage caused by POWERX, or its subcontractor, to roofs (including cracked or broken tiles and shingles), awnings, skylights, gutters, antennas and satellite dishes (including realignment of same) or solar panels or heaters, the lifting of paint that may occur to walls or wood work when tape is used to seal tarps, or for carports, screen enclosures, or metal overhangs that are damaged as a result of the weight of the tarps or by rain and wind conditions. l. Odors in the Structure(s) from moisture, decaying pests or mold following the fumigation procedure. m. Injury or death of any pets or feral animals. n. Damage caused by POWERX to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the services provided under this Agreement. No provision within this Agreement should be construed to mean that the wood-destroying organism selected for service will never reinfest the Structure(s). These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within this Agreement. 3. LIMITATION ON LIABILITY In the event that any of the exclusions in Paragraph 2 above do not apply for any reason, including POWERX’s own strict liability, negligence or breach of contract, POWERX’s liability for any such claim is limited to the Total Price paid by Customer as indicated on the front of this Agreement. This Agreement is not intended to benefit any person or entity other than the named Customer or subsequent Transferee. 4. CONDUCIVE CONDITIONS 16.C.7.g Packet Pg. 1354 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) Page 3 of 3 Customer agrees to cooperate with POWERX during the term of this Agreement by avoiding and eliminating water leakage in treated areas, in interior areas or through the roof or exterior walls of Structure(s) that may destroy the effectiveness of any treatment or contribute to a new infestation of the designated wood-destroying organism selected for service under this Agreement. POWERX reserves the right to terminate this Agreement, in whole or in part, if Customer fails to correct any conducive condition identified by POWERX within sixty (60) days of written notification. Customer agrees that POWERX shall have the right to charge an additional fee for any additional treatment or service required following correction of any conducive condition. 5. MODIFICATIONS OR ALTERATIONS TO STRUCTURE(S) This Agreement only covers the Structure(s) identified above as of the date of this Agreement. The Customer shall provide written notification to POWERX prior to any alteration, addition, modification or change to the Structure(s) or a disruption of any treatment applied. POWERX shall have the right to terminate this Agreement if Customer fails to provide written notice of any alteration, addition, modification or change to the Structure(s). Any additional treatment required because of any alteration, addition, modification or change to the Structure(s) or any disruption of any treatment will be provided by POWERX at Customer’s expense. Customer agrees that POWERX shall have the right to charge an additional fee or increase the renewal fee stated on the front page of this Agreement, or both, as a result of any such alteration, addition, modification or change to the Structure(s) that occurs while this Agreement is in effect. 6. CHANGE IN LAW This Agreement shall be interpreted, regulated and adjudicated in accordance with applicable federal, state, and local laws and regulations, in existence at the time of execution of this Agreement. Should any federal, state, or local law or regulation change regarding POWERX’s Agreement, services or treatment, POWERX is authorized to take any action necessary to comply with said laws. If POWERX cannot modify its Agreement, services or treatment to comply with such a change in the law, then POWERX reserves the right to immediately terminate this Agreement. 7. CHEMICAL SENSITIVITY If Customer believes, or other occupants (including invitees and licensees) of the Structure(s) believe, that he or she may be sensitive to pesticides, Customer must immediately notify POWERX in writing and in advance of POWERX’s treatment, including whether Customer or occupants have consulted with a medical doctor regarding such sensitivity. Customer agrees to inform all occupants that POWERX will apply pesticides in conjunction with its treatment of the Structure(s). POWERX reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide this notification represents Customer and occupants’ assumption of the risk and waiver of any claims against POWERX in connection with such claimed sensitivity. Customer further agrees to indemnify, protect and hold harmless POWERX from any and all chemical sensitivity claims, causes, actions, judgments, costs, attorney's fees, expenses and losses of every kind and character, whether direct or indirect, brought by Customer or other occupants (including invitees and licensees) to the Property, if Customer fails to provide the above written notice. 8. BINDING ARBITRATION Customer and POWERX agree that any and all controversies or claims between them arising out of or relating to this Agreement, or the breach thereof, shall be settled solely and exclusively by arbitration administered under the Revised Florida Arbitration Act, Chapter 682, Florida Statutes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted in Orange County, Florida, using the substantive law of Florida governing the issue or claim in dispute. The arbitrator shall be independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. Neither party shall sue the other where the basis of the suit is or arises out of this Agreement, other than for (1) enforcement of this arbitration provision, (2) appointment of an arbitrator if one cannot be mutually agreed upon, or (3) enforcement of the arbitrator’s decision. The Parties agree that the sole and exclusive venue of any suit shall be Orange County, Florida. All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties. This arbitration provision shall survive cancellation, expiration, or termination of this Agreement. 9. TRANSFERABILITY This Agreement is transferable to a new owner of Structure(s) upon written notice to POWERX; however, POWERX reserves the right to charge a transfer fee and adjust the renewal fee upon transfer of ownership. In the event the new owner fails to request continued coverage under this Agreement prior to obtaining ownership of the Structure(s), or does not agree to pay the transfer fee or the adjusted extension fee, POWERX’s responsibilities, duties, obligations, and any liability under this Agreement shall be terminated. 10. TERMINATION POWERX’s responsibilities, duties, obligations, and any liabilities under this Agreement shall be terminated if POWERX is prevented or delayed from fulfilling any of its duties, obligations or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer’s interference or refusal to provide POWERX with access to Structure(s). Customer agrees to provide unimpeded access to the treated Structure(s) on the property for any inspections or treatment as deemed necessary by POWERX. 11. ENTIRE AGREEMENT AND SEVERABILITY This Agreement and the Customer’s Fumigation Checklist, which is incorporated by reference, constitute the entire agreement between the parties and no other representations or statement will be binding upon the parties. Customer further agrees that if any part of this Agreement or the Customer’s Fumigation Checklist, which is incorporated in this Agreement by reference, are held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement and the Customer’s Fumigation Checklist shall remain in full force and effect. 12. NON-PAYMENT Notwithstanding any provision in this Agreement to the contrary, POWERX is entitled to immediately bring civil suit and claim damages, interest, attorney’s fees, and costs for issues arising from this agreement relating to collection of unpaid amounts. In the event a collection service is utilized or legal action becomes necessary to recover any and all unpaid balances, Customer will be responsible to pay all costs associated with said collection, including attorney’s fees. 13. RESCHEDULING FEE Customer will be charged a $250.00 Rescheduling Fee if the Structure is not available, accessible or prepared in accordance with the Customer’s Fumigation Checklist at the time of service. Customer’s failure to pay this Rescheduling Fee will result in the termination of this Agreement; however, in such an event, CUSTOMER remains responsible to pay POWERX or POWERX’s subcontractor’s mobilization expenses, to include the cost associated with a crane or lift, if used. 16.C.7.g Packet Pg. 1355 Attachment: 22-7986 PowerX_Proposal (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1356Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1357Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1358Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1359Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1360Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1361Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1362Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1363Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1364Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1365Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1366Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1367Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1368Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1369Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1370Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1371Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1372Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1373Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1374Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1375Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1376Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1377Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1378Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1379Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1380Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1381Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1382Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1383Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1384Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.hPacket Pg. 1385Attachment: 22-7986 PowerExterminators, Inc._dba_POWERX_Contract_VendorSigned (23848 : 22-7986 Pest Control) 16.C.7.i Packet Pg. 1386 Attachment: 9. 22-7986_COI_ PowerX_ (23848 : 22-7986 Pest Control) 16.C.7.i Packet Pg. 1387 Attachment: 9. 22-7986_COI_ PowerX_ (23848 : 22-7986 Pest Control) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/27/2022 Brown &Brown Of Florida,Inc. 6611 Orion Blvd Ste 201 Fort Myers FL 33912 Donna Trout 239-274-1433 239-278-5306 donna.trout@bbrown.com FFVA Mutual Insurance Co.10385 207985 Power Exterminators,Inc. 8815 SW 129th Street Miami FL 33176 486199608 A X Y Y WC84000342582022A 6/1/2022 6/1/2023 1,000,000 1,000,000 1,000,000 Blanket Waiver of Subrogation for Workers Compensation. Arelys Aleman,Radames Diaz and Roger Diaz are exempt from workers compensation. Collier County Board of County Commissioners 3295 Tamami Trail East Naples FL 34112 16.C.7.i Packet Pg. 1388 Attachment: 9. 22-7986_COI_ PowerX_ (23848 : 22-7986 Pest Control) Procurement Services Division – 3295 Tamiami Trail East – Naples, Florida 34112-4901 www.colliercountyfl.gov/procurementservices December 13, 2022 Hulett Environmental Services, Inc. 10550 Collier Boulevard Naples, FL 34117 Via Email: Sean Ribet: Naples@bugs.com> RE: Contract #20-7744 “Pest Control” - Notice to Terminate for Convenience Dear Mr. Ribet: Staff is recommending to the Board of County Commissioners (Board) at its December 13, 2022, meeting to exercise the termination for convenience provision provided in Section 10, of the above-referenced Agreement, with an effective date of January 13, 2023. Subject to the Board’s approval of Staff’s recommendation, this letter will serve as the County’s 30-day Notice to Terminate for Convenience. Should you have any questions regarding this termination notice please contact us at (239) 252-8034. Respectfully, Sue Zimmerman, CPM Procurement Manager - Contracts cc: John McCormick, PE, Facilities Management Interim Director 16.C.7.j Packet Pg. 1389 Attachment: 20-7744_Hulett Notice to Terminate 12-13-22 signed (23848 : 22-7986 Pest Control)