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Service Solicited - 2023 - Sawyer, Inc. dba Orkin - Orkin Commerical Services AgreementCOMMERCIAL SERVICES 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. Customer Name City of Eagle Billing Address 660 E Civic In City Eagle State Idaho Zip Code I. INTENT No. 67827 ROUTE GRID Date 6-14-23 Y1 A rW14 A Thix. Agreement nuwnded to mnshune ', mutual laderstandak) betwa!:rl 101 gtoR-- ...I... 8361 • Phone 208-489-8793 EA 660 E Civic In, 312 E state e. ThelserriN I V l I G 1 1 1 1a III, 38Cr tivi , tiss i I.41 1 1, r 490 tie I e County Name: Is this within city limits, • Yes 0 No II. SCOPE AND NATURE OF WORK A Orkin agrees to provide service for the following pests: 0 Roaches ommon ants 0 Rats and mice haraoh ants' Common spiders 0 Flies 0 Odor CIActizyme: Odor Neutralizer 0 Other Service means 1 periodic treatment to help contropcombWhe targeted pesl9PService 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 info this Agreement. 'Additional monthly charge required to cover These ants. B. Service Exclusions. I_ Services Reauaine a Separate Agreement The Customer understands that This Agreement does nob cover Carpenter Ants. Fire Ants, Bed Bugs. or Mosquitoes. Service for these pests requires a separate Agreement or Addendum. The requirement of a separate agreement or addendum can not be waived by the Customer or any employee or agent of Orkin. 2. Additional Exdusions This Agreement does not cover Brown Recluse Spiders or mold or any mold -like conditions. This exclusion can not be waived by the Customer or any employee or agent of Orkin. IN. CUSTOMER OBLIGATIONS A. The Customer shall extend all necessary cooperation to ensure salislaclion from pest services, including: availability of premises: appropriate sanitation. and corrective construction measures. B. Whenever conditions conducive to the breeding and harborage of pests covered by this Agreement are reported to the Customer in writing by Orkin. the Customer shall lake the necessary steps to correct such conditions. C. The Customer is responsible for communicating with all persons in the premises about the treatments and the nature of services offered hereunder; moreover. the Customer acknowledges that it has no information. or has communicated to Orkin in wiling any information it does have. that any persons inthe premises have any medical condition or sensitivity which may be affected by the services contemplated by this agreement. D. Should the Customer discover any targeted pests during the term of this Agreement. They must follow the applicable nolilicabon and documentation processes as set out inthe scope of service. provided by Orkin. E. Failure of the Customer 10 lake necessary steps to correct conditions reported to II or 10 otherwise comply with the Customer Obligations will relieve Orkin of its obligations under the Tnple Guarantee and will permit Orkin. at its discretion. to terminate this Agreement with sixty (60) days written notice. IV. SERVICE SCHEDULE Quarterly A. Orkin service representative shall service the Customer (service frequency) 0 1 Time El2 Times ❑ 4 Times per month 0 Other All areas requiring attention shall be treated as deerned necessary by Orkin. 8. Orkin representatives shall make additional visits and treatment as they are deemed necessary at no additional charge. Such service visits shall also be made promptly when requested by a designated representative of the Customer. V. TERMS OF AGREEMENT This agreement shall be effective fora period of •I 0 2 0 3 years Approved per CC 7/10/23 For multiple year agreements. the monthly service charge will not increase for two years alter the initial Treatment. Thereafter. and Orkin shall have the right to increase the service charges effective anytime alter the anniversary date of the initial treatment. a The Customer acknowledges that the terms and conditions between re Customer and Orkin are those slated In the Commercial Services Agreement, that this is the entire agreement, and That there are no other terms or provisions which apply. Any modification or change to these terms and conditions must be by a written Addendum signed by each party, subject to the provisions of section II.B. above. Orkin will be relieved of its obligations under the Triple Guarantee and Orkin may terminate this Agreement on sixty (60) days written notice, if any of the obligations set forth In this Agreement are not met by the Customer. or in the event of a change in slate or federal law that materially affects Orkin's obligations under this Agreement. Moreover, Orkin may terminate it it cannot perform its responsibilities due 10 acts of God. including earthquakes. storms, tires. hoods. or because of material change in circumstances, including, but not limited to, acts of war, strikes, unavailability of pesticides, or other supplies from ordinary sources. If any provision or portion thereof. of this Agreement is found to be invalid or unenforceable. It shall not affect the validity or enforceability of any other parr of this Agreement. Provided, however, that as to the paragraph on MEDIATION/ARBITRATION. it Me sentence precluding the arbitrator from conducting an arbitration proceeding as a class. representative or private attorney general action is found to be invalid or unenforceable then the entirety of the MEDIATION/ARBITRATION paragraph shall be deemed 10 be deleted Irom this Agreement_ Vt. PAYMENT A. The cost of the services described herein shall be $ plus tax o1 S for 1ne initial month and $ plus tax of S per month thereafter for a period of ( _the) months. You will receive a monthly invoice. Payment shall be due upon receipt of invoice. VII. MATERIALS A The materials used shall conform to Federal, Stale and local laws and ordinances and shall be acceptable to the Customer. B. The materials shall be used in accordance with the labels and specdicahon5. VIII. LIMITATION OF LIABILITY: The Customer expressly releases Orkin from lability for any claim for personal injury (Including stings or bites from fire ants. spiders, or any other pests) or property damage (to include the structure or contents) caused by any pests. The Customer agrees Thal under no circumstances shall Orkin be liable for any amount greater than the amount pad by the Customer to Orkin for the services to be provided. In no event will Orkin be responsible for consequential damages for loss of use of property. Any claim by the Customer for damages must be made in writing within one (1) year of the incident at issue or it will be deemed waived. IX. EQUIPMENT REPLACEMENT A. The Customer agrees to use the leased equipment or Orkin provided equipment (the -Equipment") in a proper manner and upon Me cancellation of this Agreement to return the Equipment in good condition, usual wear and tear excepted. All Equipment (which includes rodent barrier equipment, Orkin/Aires. or insect tight traps) that is damaged. loss 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. B. Orkin shall retain ownership of leased components. Upon termination of this Agreement for any reason, the Customer agrees to make the leased components available to Orkin. At Orkin's discretion, Orkin may in a lawful manner and without breach od the peace, enter upon the Customer's premises. take possession of and remove the leased components. Orkin will not be responsible for any damage to the Customer's properly upon removal of the leased components except such damage solely caused by Orkin's negligence. X. INSURANCE: Upon request. Orkin shall furnish to the Customer a certificate of liability insurance coverage in effect. XI. CHEMICAL INFORMATION WARNING: Virtually all pesticides have some odor which may be present for a short lime alter application. Al your request, Orkin will provide Information about the chemicals to be used in Treating the premises. XII. MEDIATION/ARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. OR THE SERVICES PERFORMED BY ORKIN UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT. REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION. TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY TORT ANO STATUTORY CLAIMS. AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY. SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (-AAA') AND SHALL BE CONDUCTED BY AAA. IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER -RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES. THE CUSTOMER ANO 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 8E LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION- PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS. BUT IN THE ABSENCE OF THE PARTIES' AGREEMENT, THE REQUESTING PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADOITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION. CUSTOMER AND ORKIN EACH AGREES TO TRY IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH ORKIN AGREEING TO PAY THE COSTS OF THE MEDIATION. THE AAA MAY BE CONTACTED AT THE TOLL -FREE NUMBER 800.778.7879. OR THROUGH THE FOLLOWING WEBSITE: http://www.adr erg. XIII. AMOUNT REMITTED: $ 0 Cash ElCheck ❑ Complete Easy Payment Form 0 P.O. Number 0 God Medal Customer 0 Element A. 8. C D. for all non -multiple year agreements, PAYMENT SUMMARY (includes I pest ri fly -:. odor , tudizynte odor neulralizei "' other CHECK THOSE THAT APPLY 398 1. INITIAL PAYMENT a. Initial / Start-up Service $ b. One -Time Charges $ c. Product Sales $ d. Sales Tax (if applicable) $ TOTAL (la +tb+lc+td) $ 2. MONTHLY TREATMENT SERVICE CHARGES a. Monthly Treatment Service Charges $ b. Sales Tax (iI applicable) S TOTAL (2a + 2b) 5 3. MONTHLY LEASE CHARGES a. Leased Component Charges $ 0 Sconce ❑ Standard 0 Industrial C Orkin/Aires 0 AutoFresh ❑ Actizyme: Odor Neutralizer 0 Other b. Sales Tax (if applicable) $ TOTAL (3a + 3b) $ 4. Product Sales / One -Time Charges plus tax (if applicable) $ $ 398 1 398 quarterly FIRST MONTH'S INVESTMENT (Total of la, b, c, and d) MONTI LQi Uar l PAYMENT (Total of 2 + 3) s 398 Scott Richmond 107 west 43rd st Boise Inspector Name (PRINT) 208-345-7378 Employee ID a or Certification a Branch Street Address Branch Telephone Number City THIS AGREEMENT 15 NOT 1Lgl eIOTIL AP ORKIN MANAGEMENT Branch Ma alert Si5nalure Date Cu 162181VAR REV.3/2012 Slate Zip Code a150i\ t ✓G-e— fAsai i/ Dete Council Approval: 745/Jo,2,3