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Service Solicited - 2018 - Orkin Commercial Services - Orkin Pest Control servicesCOMMERCIAL SERVICES Customer Name Billing Address City P Ja. Stale 1 zip Code 83616 Phone 208-939-6813 I. INTENT A This A treen•,ent is needed to eenshhde a nunual understarding between _.__- Ohe Custerneil and ORKIN PEST CONTROL B. The specdications indicate services to be rendered by Orkin at the bulding(s) and premises of the Customer located at (service address). - -CITY HALL66OGivie-Lane, LIBRARY 100-N Stieman-way, S-ENOR CENTER 312 C Otte S` M-LISE1 IRA 67-E .tate CCoouu� Name Is this wm ehe city limits, ❑ Yes 0 No 0 Gold Medal Cusleer 0 Element II. SCOPEXN0 NATURE OF WORK A. Orkin agrees to provide service lor the following pests: B Roaches ]!Q Common ants ❑ flats and mice X Pharaoh ants'Common spiders 0 Fl.es 0 Odor 0 Actizymo: Odor Neutralizer O Other periodicService means the treatment to help control/combat the targeted pests ruled cannot guarantee the targeted pests will not return, but if they do, Orkin will retreat, as set out under the Triple Guarantee attached hereto and incorporated into Ihrs Agreement. 'Additional monthly charge required to cover (hese ants B. Service ExcluslOns. I Service Re001000 a Seoarale Agreement• The Customer understands that This Agreement does not cover Carpenter Ants, Fire Ants, Bed Bugs. or Mosquitoes. Service for these pests requires a separate Agreement or Addendum. The requirement of a separate agreement or addendum can not be waived by the Customer or any employee or agent of Orkin. 2, Adduional Exclusions Thrs Agreement does not cover Brown Recluse Spiders or mold or any mold -like conditions This exclusion can not be waived by the Customer or any employed or agent ol Orkin III. CUSTOMER OBLIGATIONS A. The Customer shall extend all necessary cooperation to ensure satisfaction from pest services. including ava,labrhty of premises: appropriate sanitation, and corrective construction measures B. Whenever conditions conducive 10 the breeding and harborage of pests covered by this Agreement are reported to the Customer in writing by Orkin. the Customer shag take the necessary steps to correct such conditions C. The Customer is responsible for communicating with all persons in the premises about the treatments and the nature of services offered hereunder, moreover. the Customer acknowledges That d has no information, or has communicated to Orkin in writ ng any information it does have. that any persons in the premises have any med cal condition or sensitivity which may bo affected by the services contemplated by this agreement. D. Should the Customer 6scover any targeted pests during the term of 100 Agreement, they must follow the applicable notification and documentation processes as set out in the scope of service, provided by Orkin E. Failure ol the Customer to take necessary steps to correct conditions reported 10 Il or 10 Olhorwise comply with the Customer Obligations will relieve Orkin of 4s obligations under the Triple Guarantee and will permit Orkin, at its discretion, to terminate flits Agreement with sixty (60) days err nen notice A. Orkin service represenlalrve shall service the Customer (service frequency) 0 1 Time 0 2 Times 0 4 Times per month kll Other IV. SERVICE SCHEDULE Quarterly All areas requiring attention shall be treated as deemed necessary by Orkin B. Orkin representatives shall make additional visits and Treatment as they aro deemed necessary al no additional chage Such service visits shall also be made promptly when requested by a des•gnated representative of the Customer. V. TERMS OF AGREEMENT A. This agreement shall be effective lar a paned of 0 1 0 2 0 3 years and shall renew dwell from month to month (hereafter 0tle terminated by either party upon sixty days' written notice. B. For multiple year agreements, the monthly service charge will not increase for two years alter the Initial treatment Thereafter. and for all non -multiple year agreements. Ork n shall have the right In increase She service charges effective anytime after the anniversary date of Me initial treatment. C. The Customer acknowledges that the terms and conditions between the Customer and Orkin are those stated in the Commercial Services Agreement, that this is the enure agreement, and that there are no other terms or provisions which apply Any modification or change to these terms and conditions muss be by a wntten Addendum signed by each parry. subject 10 the provisions of section fl B. above. D. Orkin will be relieved o1 its obligations under the Triple Guarantee and Orkin may terminate this Agreement on sixty (60) days written notice, it any of the obligations set forth in This Agreement are not met by the Customer, or in the event 01 a change in slate or ledemt law that malena ly affects Orkin's obligations under This Agreement. Moreover. Orkin may terminale it ii cannot pedorm its responsibilities due to acts of God. Including earthquakes, storms, fires, floods. or because of material change In circumstances. Including. but not Misted to, acts of war, strikes. unavailability of pesticides. or other supplies from ordinary sources. 11 any provision or portion thereof, of this Agreement is found to be invalid or unenforceable, 4 shag not affect the va5dily or enlorceabiliy of any other part of this Agreement. Provided, however, that as to the paragraph on MEDIATION/ARBITRATION. d the sentence precluding the arbitrator from conducting an arbitration proceeding as a class. representative or private attorney general action is found 10 bo invalid or unenforceable then the entirety of the MEOIATION/ARBITRATION paragraph shall be deemed to be deleted from this Agreement VI. PAYMENT A. The cost ol the seryipaMe,S�rbed herein shag be S 2711_00.- plus lax of S NA for the PAYMENT SUMMARY initial month and S / / l) ill) plus lax Of S NA pergteete th)areafter for a period of ( 1_ ) , in'Iudes 0 pest Ci Ily O odor (j aclizyme' edOr neuhahler r7Other — _ months. You wig receive a monthly invoice Payment shag be due upon receipt of invoice. CHECK THOSE THAT APPLY VII. MATERIALS I INITIAL PAYMENT A. The materials used shall contoim to Federal. Slate and local laws and ordinances and shall be acceptable to a. Initial / Sladup Service $270.00 the Customer B. The materials shall be used m accordance with the labels and spealiCabons. b. One -Time Charges $ VIII. LIMITATION OF LIABILITY: The Customer expressly releases Orkin from Ilabdily for any claim lot personal f injury (including slings or bites from lire ants spiders, or any other pests) or properly damage (to include the c. Product Sales ........ .. ... . .. $ 0/001010 or contents) caused by any pests The Customer agrees that under no circumstances shall Orlon be d. Sales Tax (i1 applicable) ... ..... .. . S liable for any amount greater than me amount paid by the Customer to Ork n lor the services to be provided. In270.00 no event will Orkin be responsible for consequential damages for loss of use of properly. Any claim by the Tp� (la 1b + lc ♦ Id) S Customer for damages must be made in wnlrng within one (1) year of the incident a1 issue or fl will be deemed C'UARTE�LY waived 2. MGN-414EKTREATMENT SERVICE CHARGES 270.00 IX. EQUIPMENT REPLACEMENT a. Monthly Treatment Service Charges .... $ A. The Customer agrees to use the leased equipment or Orkin provided equipment (the "Equipment-) in a (if a T l a Ses az applicable) S 0 proper manner and upon the cancellation of this Agreement to return the Equipment n good condition. usual b. ( pp ) MOD-- wear and tear excepted. All Equipment (which includes rodent barrier equipment, Orkin/Aires, or msec) light TOTAL (2a + 2b) $ - traps) that is damaged, lost or destroyed on the Customer premises will be replaced and charged to the Customer. Charges will be in accordance with the current existing equipment costs 3. MONTHLY LEASE CHARGES 0 B Orkin shall retain ownership or leased components. Upon termination of this Agreement for any reason. Inc a. Leased Component Charges $ Customer agrees to make the leased components available to Orkin. At Orkin's discretion, Orkin may n a lawful manner and without breach d Iho peace, enter upon the Customer's premises, lake possession of and 0 Sconce 0 -Standard 0 Industrial 0 Orkin/Alres 0 AuloFresh remove the teased components. Orkin will not be responsiale for any damage to the Customer's properly pAcbzyme: Odor Neutralizer O Other upon removal of the leased components except such damage solely caused by Odun's neglgence 0 X. INSURANCE: Upon request. Orlin shall furnish to the Customer a certificate of liability insurance coverage (n b. Sales Tax (•f applicable) $ 0 effect TOTAL (3a r 3b S Xl. CHEMICAL INFORMATION WARNING: Virtually all pesticides have some odor which may be present lora ) 0 short Irma after application. Al your request. Orkin will provide information about the chemicals to be used in 4. Product Sales / One -Time Charges plus lax (0 applicable) S treeing the premises. XII. MEDIATION/ARBITRATION: ANY CONTROVERSY 011 CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES PERFORMED BY ORKIN UNDER THIS AGREEMENT 0R ANY OTHER FIRST MONTH'S INVESTMENT (Total of la. b, c, and d) s270.00 AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFER 0R Quarter) /-I ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED SERVICE /LEASE PAYMENT (Total of 2 3) .... _ ...I 5 270.00 TO ANY 1013T AND STATUTORY CLAIMS. AND ANY CLAIMS FOR PERSONAL OR 8001LY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY. SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ('AAA') AND SHALL BE CONDUCTED BY AAA IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER -RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES. THE CUSTOMER AND ORKIN AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATOR'S POWERS TO CONDUCT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES. AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REOUIRE A PANEL OF THREE (3) ARBITRATORS. BUT IN THE ABSENCE OF THE PARTIES AGREEMENT. THE REOUESTING PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL. CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW ALL OUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL 8E GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND ORKIN EACH AGREES TO TRY IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH ORKIN AGREEING TO PAY THE COSTS OF THE MEDIATION- THE AAA MAY BE CONTACTED AT THE TOLL'FREE NUMBER 800.778.7579. OR THROUGH THE FOLLOWING WEBSITE: hop//wenvadr.org XIII. AMOUNT REMITTED: S 0 Cash 0 Check 0 Complete Easy Payment Form 0 P.O. Number Sawyer, Inc. d/b/a Orkin, an independent franchise of Orkin Systems, Inc. Commercial Services Agreement THIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND SIGNATURE OF A REPRESENTATIVE OF ORKIN MANAGEMENT, WHO HAS AUTHORITY TO EXECUTE IT ON BEHALF OF ORKIN. City of Eagle 660 Civic Lane ROUTE I GRID x Date -___2_/27/2018_ No. 67827 Dave Ringold 29787 107 West 43rd Street Inspector Name (913INT) Employee ID 0 or Certeication 0 Branch Street Address Office: 208-345-7378 / Cell: 208-340-9889 Boise Idaho 83714 Branch Telephone Number City _ Siale Zip Code AGRE NT IS T VALID Ur APPROVED BY ORKIN MANAGEMENT ! �- /..ea�i�ilty , /jC>�C� 2/27/2018 ,,2 _olg Branch Management ig I Dare Cu omen's Signature Date 162181 VAR REV.3/2.12 LOCATION