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Service Solicited - 2025 - Sawyer, Inc dba Orkin - Pest Control ServicesSawyer, Inc. No. 67827 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, ROUTE GRID N COMMERCIAL SERVICES WHO HAS AUTHORITY TO EXECUTE IT ON BEHALF OF ORKIN. Customer Name City of Eagle Date 7-17-25 Billing Address 660 E Civic Ln City Eagle State ID Zip Code 83616 Phone 208-489-8793 I. INTENT City Of Eagle A. 'this Agra=mangy �s nuendad t:; �onahmle n nwNal unrtent:mdmq bahveen _.... y. _..__.... �7__.._. _..- It 1 : C or a td ORKIN PEST CONTROL Ivlc-Ln; 3t Nfell B. The s io edicate sery b b r Orkln al Iwilding(s) and tl1 stonier located at (service address): Itifil County Name: - Is this within city limits? XYes ❑ No ❑ Gold Medal Customer ❑ Element If. SCOPE AND NATURE OF WORK A. Orkin agrees to provide service for the following pests: �y! ❑ Roaches �( Common ants ❑Rats and mice 17. Pharaoh ants' Common spiders El Flies ❑Odor ❑ Actizyme: Odor Neutralizer ❑Other Service means he penodic treatment to help control/combat the targeted pests. Service cannot guarantee the targeted pests will not return, but if they do, Orkin will retreat, as set out under the Triple Guarantee attached hereto and incorporated into this Agreement. 'Additional monthly charge required to cover these ants. B. Service Exclusions. 1. Services Ritguiring a Separate Agreement: The Customer understands that this Agreement does not cover Carpenter Ants, Fire Ants. Bed Bugs, or Mosquitoes. Service for these pests requires a separate Agreement or Addendum. The requirement of a separate agreement or addendum can not be waived by the Customer or any employee or agent of Orkin. 2. Additional Exclusions: This Agreement does not cover Brown Recluse Spiders or mold or any mold -like conditions. This exclusion can not be waived by the Customer or any employee or agent of Orkin. III. CUSTOMER OBLIGATIONS A. The Customer shall extend all necessary cooperation to ensure satisfaction from pest services, including: availability of premises; appropriate sanitation, and corrective construction measures. B. Whenever conditions conducive to the breeding and harborage of pests covered by this Agreement are reported to the Customer in writing by Orkin, the Customer shall take the necessary steps to correct such conditions. C. The Customer is responsible for communicating with all persons in the premises about the treatments and the nature of services offered hereunder; moreover, the Customer acknowledges that it has no information, or has communicated to Orkin in writing any information it does have. that any persons in the premises have any medical condition or sensitivity which may be affected by the services contemplated by this agreement. D. Should the Customer discover any targeted pests during the term of this Agreement, they must follow the applicable notification and documentation processes as set out in the scope of service, provided by Orkin. E. Failure of the Customer to lake necessary steps to correct conditions reported to it or to otherwise comply with the Customer Obligations will relieve Orkin of its obligations under the Triple Guarantee and will permit Orkin, at its discretion, to terminate this Agreement with sixty (60) days written notice. IV. SERVICE SCHEDULE �L Quarterly A. Orkin service representative shall service the Customer (service frequency) ❑ 1 Time ❑ 2 Times ❑ 4 Times per month /Al Other All areas requiring attention shall be treated as deemed necessary by Orkin. B. Orkin representatives shall make additional visits and treatment as they are deemed necessary at no additional charge. Such service visits shall also be made promptly when requested by a designated representative of the Customer. V. TERMS OF AGREEMENT A. This agreement shall be effective for a period of X 1 ❑ 2 ❑ 3 years and shall renew itself from month to month thereafter until terminated by either party upon sixty days' written notice. B. For multiple year agreements. the monthly service charge will not increase for Iwo years after the initial treatment. Thereafter, and for all non -multiple year agreements, Orkin shall have the right to increase the service charges effective anytime after the anniversary date of the initial treatment. C. The Customer acknowledges that the terms and conditions between the Customer and Orkin are those stated in the Commercial Services Agreement, that this is the entire agreement, and that there am no other terms or provisions which apply. Any modification or change to these terms and conditions must be by a written Addendum signed by each party, subject to the provisions of section II.B. above. D. Orkin will be relieved of its obligations under the Triple Guarantee and Orkin may terminate this Agreement on sixty (60) days written notice, if any of the obligations set forth in this Agreement are not met by the Customer, or in the event of a change in state or federal law that materially affects Orkin's obligations under this Agreement. Moreover, Orkin may terminate if it cannot perform its responsibilities due to acts of God. including earthquakes. storms, fires. 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 part of this Agreement. Provided, however, that as to the paragraph on MEDIATIONIARBITRATION, if the sentence precluding the arbitrator from conducting an arbitration proceeding as a class, representative or private attorney general action is found to be invalid or unenforceable then the entirety of the MEDIATION/ARBITRATION paragraph shall be deemed to be deleted from this Agreement. VI. PAYMENT �98.00 A. The cost of the sere es ed herein shall be plus tax of $ ipr�fae (PAYMENT SUMMARY initial month and $ plus lax of $ per month thereafter for a period of ( ) (includes ❑ pest Ll Ity L 1 odor ❑ eCtizyme' odor naulralizer CI other ... _..... _ ...... _............. ....._..... ) VII. MATERIALS You will receive ayelentail, invoice. Payment shall be due upon receipt of invoice. 1. INITIAL PAYMENT CHECK THOSE THAT APPLY A. The materials used shall conform to Federal, Stale and local laws and ordinances and shall be acceptable to 398.00 the Customer. a. Initial / Start-up Service .............. $ B. The materials shall be used in accordance with the labels and specifications. It. One -Time Charges .................. $ Vill. LIMITATION OF LIABILITY: The Customer expressly releases Orkin from liability for any claim for personal injury (Including stings or bites from fire ants, spiders, or any other pests) or property damage (to include the c. Product Sales ...................... $ structure or contents) caused by any pests. The Customer agrees that under no circumstances shall Orkin be d. Sales Tax If a liable for any amount greater than the amount paid by the Customer to Orkin for the services to be provided. In ( applicable) ' • ' • • • ' ' $ no event will Orkin be responsible for consequential damages for loss of use of property. Any claim by the TOTAL (la + lb + 1c+ 1d) ............................ S - - Customer for damages must be made in writing within one (1) year of the incident at issue or it will be deemed 2 MONTHLY TREATMENT SERVICE CHARGES 398.00 Quarterly waived. 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 b. Sales Tax if applicable) proper manner and upon the cancellation of this Agreement to return the Equipment in good condition, usual ( pp ) • ...... • ...... $ wear and tear excepted. All Equipment (which includes rodent barrier equipment, Orkin/Aires, or insect light TOTAL (2a + 2b) S ..................................... 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 B. Orkin shall retain ownership of leased components. Upon termination of this Agreement for any reason, the a. Leased Component Charges .......... $ Customer agrees to make the leased components available to Orkin. At Orkin's discretion, Orkin may in a lawful manner and without breach of the peace, enter upon the Customers premises, lake possession of and ❑ Sconce ❑ Standard ❑ Industrial ❑ Orkin/Aires ❑ AutoFresh remove the leased components. Orkin will not be responsible for any damage to the Customer's property upon removal of the leased components except such damage solely caused by Orkin's negligence. ❑ Actizyme: Odor Neutralizer ❑Other X. INSURANCE: Upon request, Orkin shall furnish to the Customer a certificate of liability insurance coverage in b. Sales Tax (if applicable) .............. $ effect. XI. CHEMICAL INFORMATION WARNING: Virtually all pesticides have some odor which may be present fora TOTAL (3a + 3b ) • . . • • . • • . . • • . • • . . • • . • • • . • • • • . . . . . • . . • $ short time after application. At your request, Orkin will provide information about the chemicals to be used in 4. Product Sales / One -Time Charges plus tax (if applicable) ....... $ treating the premises. XII. TOUT OF OR AGREEMENT. ORTHE ICLAIM SERVICES PERFORMED BYY ORKINUNDER NTH S AGREEMENT ORIANY OTHER FIRST MONTH'S INVESTMENT (Total of la, b, c, and d) ........... $ 398.00 AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED MONTHLY SERVICE / LEASE PAYMENT (Total of 2 + 3) .......... $ 398.00 TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA••) AND SHALL BE CONDUCTED BY AAA, IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER -RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES. THE CUSTOMER AND ORKIN AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATOR'S POWERS TO CONDUCT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS, BUT IN THE ABSENCE OF THE PARTIES' AGREEMENT, THE REQUESTING PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND ORKIN EACH AGREES TO TRY IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH ORKIN AGREEING TO PAY THE COSTS OF THE MEDIATION. THE AAA MAY BE CONTACTED AT THE TOLL -FREE NUMBER 800.778.7879, OR THROUGH THE FOLLOWING WEBSITE: htlp://www.adr.org. XIII. AMOUNT REMITTED: $ ❑ Cash ❑ Check ❑ Complete Easy Payment Form ❑ P.O. Number wo f- Gi�iC �►Ny ( I ichmond Employee ID If or Certification x Branch Street Address Branch Telephone Numbe City Slate Zip Code THIS AGR iU iWIRSilPo t.1ANAGEMEN 7.16-25 —.—. 6FR ranch Management Signature Date Cu s We Date 162181VAR REV.3/2012 LOCA N E .. 0 nMNA Statutory Certifications In accordance with Idaho Code Section 67-2359 Orkin Pest Control hereby certifies that it is not owned or operated by the Government of China, as defined in said code section, and that during the Term of this Agreement it will not be owned or operated by the Government of China. In accordance with Idaho Code Section 67-2346 Orkin Pest Control hereby certifies that it is not currently engaged in, and during the Term of this Agreement will not engage in, a boycott of goods and services from Israel or territories under its control as defined in said code section. Recitals WHEREAS, the Idaho Legislature during its 2023 legislative session passed an act, codified at Idaho Code § 67-2359, requiring public entities of the State of Idaho to include in certain contracts for services (including any renewals of such contracts) a written certification that the Vendor/Contractor is not currently owned or operated by the government of China and will not for the duration of the contract be owned or operated by the government of China. WHEREAS, the Idaho Legislature during its 2021 legislative session passed an act, codified at Idaho Code § 67-2346, requiring public entities of the State of Idaho to include in certain contracts for services (including any renewals of such contracts) a written certification that the Vendor/Contractor is not currently engaged in and will not for the duration of the contract engage in a boycott of goods or services from Israel or territories under its control. Brittinae Carr HR and Compliance Coordinator Orkin Pest Control 7/17/2025