091-24 - Terminex - ContractDocusign Envelope ID: DCE3E20D-752B-4814-B7EF-E6DE1E6B6210
TERM/N/X
`COMMERCIAL
Inspection Results:
Contract No. 091-24
Customized Proposal for:
City Of Port Orchard
Prepared by: KAMRON VOORHEES
Phone:
Email: kamron.voorhees@terminix.com
October 28, 2024
What We Heard
I spoke with Jon who explained they were looking for an additional building to be added on to a pest control service that covered insects and
rodents.client reported potential mouse activity that had been taken care of on second floor.
What We Saw
While on site I performed and inspection and found no current insect or rodent activity on the interior of the building. On back side of the
structure there are a couple of holes that could potentially allow rodent access. There are 4 sections of the upper level on the back side of the
structure that have signs of bird nesting in holes of the siding.
What We Recommend
Terminix recommends a monthly general insect control paired with an exterior rodent control program.
Scope of Work
Monthly GPC
Monthly exterior rodent program
4 exterior rodent bait stations
Dewebbing
30 day warranty
Covered Area(s)
O Bar/Lounge Area O Basement 0 Boiler Rooms O Break/Vending Areas 0 Building Exterior 0 Cafeteria/Food Service Areas
0 Compactor Areas 0 Dock Areas 0 Electrical Rooms O Entrance/Lobby Areas 0 Garages 0 Janitor/Housekeeping Rooms
O Kitchen/Dining Areas 0 Laboratories 0 Laundry Rooms 0 Locker Rooms 0 Processing Areas 0 Receiving/Delivery Areas
O Restrooms 0 Shipping Areas 0 Shop/Production Areas 0 Storage/Warehouse Areas o Other: Interior as needed
Product Labels & Safety Data Sheets
Product Labels & Safety Data Sheets, please visit:https://Iycensed.com/orgs/terminix/public/chemical documents
For NY customers, please select 'NY' as your locale
Summary of Services
Service Location Service/Product Qty. Initial Recurring 1st Annual Amt
1025 Tacoma Ave GPC MTHLY 1 220.00 110.00 1,430.00
1025 Tacoma Ave Aegis RP Anchor Bait Sta ' 4 29.89 119.56
Subtotal 1,549.56
Tax ' 144.11
Total 1,693.67
Docusign Envelope ID: DCE3E20D-752B-4814-B7EF-E6DE1E6B6210
TEARM/NX
`COMMERCIAL
Pest Control Service Plan
THIS AGREEMENT PROVIDES FOR SERVICES TO CONTROL FOR AND MITIGATE AGAINST INFESTATIONS OF CERTAIN INSECTS, SPIDERS AND RODENTS.
TERMINIX SHALL NOT BE RESPONSIBLE FOR ANY INJURY, DISEASE OR ILLNESS RESULTING FROM BITES, INFESTATION OR CONTAMINATION OR FOR
THE REPAIR OF ANY DAMAGE TO THE STRUCTURES ON THE PREMISES CAUSED BY SUCH INSECTS, SPIDERS AND RODENTS.
Customer (print name) City Of Port Orchard Home Phone 3609009738 Work Phone
Customer Billing Address 216 Prospect Street
Description of Structure(s) Covered
City Port Orchard StateWA
Zip Code 98366 Email ap@portorchardwa.gov
Summary of Charges
Service Location Service/Product Qty. In1st Annualitial Recurring Amt
1025 Tacoma Ave, Port Orchard, WA GPC MTHLY 1 220.00 110.00 1,430.00
98366
1025 Tacoma Ave, Port Orchard, WA Aegis RP Anchor Bait Sta 4 119.56
98366
Subtotal 1,549.56
Tax I 144.11
Total 1,693.67
In addition to service fees and applicable taxes, Terminix invoices contain an Environmental and Safety surcharge. This surcharge accounts for ongoing costs
of maintaining environmental, health, and safety initiatives for Terminix employees and customers. Surcharge is subject to change.
TARGET PESTS FOR STANDARD SERVICE (selected pests indicated here):
Ants, Centipedes, Ground Beetles, American Roaches, Smoky Brown Roaches, Silverfish, Spiders, Mice, Millipedes, Crickets, Earwigs, Mole Cricket, Oriental
Roaches, Rats
SERVICES FOR SELECTED PREMIUM PESTS (selected pests indicated here):
Terminix has provided the Customer with a copy of the manufacturer's specimen label or other state -required documents for the pesticide(s), which will be
used to treat the above -named property.
Customer accepts and agrees to the Terms and Conditions on pages 1- 2 of this Agreement, including the MANDATORY ARBITRATION and CLASS ACTION
WAIVER provisions in Sections 15 and 16 of the Terms and Conditions on page 2 of this Agreement Signed by:
I �b � W GIG��/I. w
Customer Name City Of Port Orchard Customer's Authorized Representative (signatur 21;96492F;3F5 o
Customer Authorized Representative (Print Name) .fen-ptbbard Robert Putaansuu
Customer Authorized Representative (Title) Mayor Date October 28, 2024
Terminix Representative (signature) /, 7_W Date October 28, 2024
Terminix Representative (print name) KAMRON VOORHEES Terminix Branch Telephone 1-800-TERMINIX
Terminix Branch Address 8613 S 212TH ST, KENT, WA 98031 Terminix Branch Charter No.
In the event you have any questions or complaints, you may contact a Terminix representative by calling 1-800-TELLTMX (1-800-835-5869).
STATE -SPECIFIC DISCOSURES. CALIFORNIA: Supplier shall provide the "Notice to Owner/Tenant" as required by Cal. Bus. & Prof. Code section 8538.
In order to establish an account and provide you with service, we may collect personal information about you, such as your name or alias(es), physical address,
phone number, and/or email address. During the course of business, we will maintain service records related to your established account. If financing a service
via our internal financing options, we will also collect your social security number and date of birth in order to process a credit check for loan purposes. We do
not sell your personal information. For additional information about your rights related to data privacy, please review our privacy policy, available at
www.term i n ix.com/privacy.
GEORGIA: The Georgia Structural Pest Control Act requires all pest control companies to maintain insurance coverage. Information about this coverage is
available from this pest control company. TEXAS: Licensed and regulated by: Texas Department of Agriculture, PO Box 12847, Austin, TX 78711-2847 Phone 866-
918-4481 Fax 888-232-2567.
Docusign Envelope ID: DCE3E20D-752B-4814-B7EF-E6DE1E6B6210
Commercial Pest Control Service Plan (135EP2019)
O 2019 The Termini, International Company Limited Partnership Page 1
Docusign Envelope ID: DCE3E20D-752B-4814-B7EF-E6DE1E6B6210
TERMS AND CONDITIONS
1. INITIAL TERM; RENEWAL. The term of this Agreement shall be a period of one (1) year beginning
on the date executed (the "Initial Term"). Thereafter, this Agreement shall automatically renew for
additional one (1) year periods (each a "Renewal Term") unless earlier terminated in accordance
with this Agreement. Notwithstanding the foregoing, either Party may terminate this Agreement
by providing the other Party with at least 30 days advance written notice prior to the start of any
Renewal Term.
2. CHARGES. Customer shall pay the charges for Initial Service Visit and subsequent Service Visits
(either monthly or quarterly as selected by Customer) for the Initial Term and any Renewal Term in
accordance with the payment terms set forth above based upon the Payment Option selected by
Customer.
3. PEST CONTROL SERVICE PLAN.
(i) Terminix shall control for and mitigate against infestations of Standard Pests designated
by Customer on Page 1 of this Agreement located in and around the structures on the
Customer's premises through regular delivery of standard pest control service.
(ii) For an additional charge, Terminix shall perform pest control services to control for and
mitigate against infestations of Premium Pests selected by Customer on Page 1 of this
Agreement, located in and around the structures on the Customer's premises through
delivery of regular pest control service.
(iii)AII services shall be performed using products and procedures recognized in the pest
control industry and scientific community as effective for their intended purpose. THIS
AGREEMENT DOES NOT COVER AND TERMINIX SHALL HAVE NO OBLIGATION
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, TO REPAIR ANY DAMAGE TO THE
STRUCTURES ON THE PREMISES OR THE CONTENTS THEREIN CAUSED BY ANY
PESTS OR TO COMPENSATE CUSTOMER FOR ANY SUCH DAMAGE.
3.1 INITIAL SERVICE VISIT; SUBSEQUENT SERVICE VISITS. On the initial service visit, Terminix
shall apply pesticides to the interior of the structures and/or the exterior perimeter of the
structures on the premises at its discretion as necessary to control for and mitigate against
the pests indicated on Page 1 as covered by this Agreement (the "Initial Treatment").
Subsequent to the Initial Treatment, Terminix shall apply pesticides to the interior of the
structures and/or the exterior perimeter of the structures on the premises at its discretion as
necessary to control for and mitigate against the pests covered by this Agreement at the
frequency selected by Customer in this Agreement during the Initial Term and any Renewal
Term. Additionally, for control of certain pests, Terminix may utilize other pest control
strategies including but not limited to, use of traps and glue boards.
3.2 STANDARD PESTS. Includes: cockroaches, mice, rats, silverfish, "house" ants (other than ants
listed in Section 3.c. below), centipedes, millipedes, earwigs, house crickets and paper
wasps.
3.3 PREMIUM PESTS. Includes: flies (including small flies), fleas, ticks, Carpenter Ants, Pharaoh
Ants, Fire Ants, Tawny Crazy Ants, Black Widow Spiders, Brown Recluse Spiders and bees
(Yellow Jackets, Hornets and Wasps excluding Paper Wasps), Clothes Moths and Stored
Product Pests.
3.4 EXCLUDED PESTS. This Agreement does not cover and Terminix shall have no obligation to
control for or mitigate against the following pests: Termites (subterranean, dry wood, damp
wood), wood boring beetles, bed bugs (all species), mosquitoes or any other pests not
specified in Section 3.2. and 3.3. above, unless otherwise agreed to in writing by Terminix
and Customer via a separate agreement.
3.5 INTERIM SERVICE VISITS. Subject to the limitations in Section 5 - Customer Cooperation,
Terminix shall, upon the request of Customer and at no additional costs to Customer, make a
service visit to reapply pesticides to the structures on the premises as is reasonably
necessary to control for and mitigate against acute infestations of the pests indicated on
Page 1 of the Agreement which occur between the regularly scheduled monthly or quarterly
service visits.
4. ACCESS TO PROPERTY. Customer must allow Terminix access to the structures for any purpose
contemplated by this Agreement, including but not limited to reinspections, whether the
inspections were requested by the Customer or considered necessary by Terminix. The failure to
allow Terminix such access will terminate this Agreement without further notice.
5. CUSTOMER COOPERATION Customer's cooperation is important to ensure the most effective
results from Services. Whenever conditions conducive to the breeding and harborage of pests
covered by this Agreement are reported in writing by Terminix to the Customer, and are not
corrected by Customer, Terminix cannot ensure effective Services. If Customer fails to correct the
conditions noted by Terminix within a reasonable time period, all guarantees as to the
effectiveness of the Services in this Agreement shall automatically terminate. Further, additional
treatments in areas of such conditions that are not corrected as required shall be paid for by
Customer as an extra charge.
6. LIMITATION OF LIABILITY, LIMITED WARRANTY. EXCEPT AS OTHERWISE PROHIBITED BY LAW,
TERMINIX DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE AND/OR LOSS OF
ENJOYMENT DAMAGES. THE OBLIGATIONS OF TERMINIX SPECIFICALLY STATED IN THIS
AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS
OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS AGREEMENT DOES NOT PROVIDE FOR THE REPAIR OF ANY
DAMAGE CAUSED BY PESTS. THIS AGREEMENT DOES NOT GUARANTEE, AND TERMINIX DOES
NOT REPRESENT, THAT PESTS WILL NOT RETURN SUBSEQUENT TO SERVICE TREATMENTS.
7. WATER LEAKAGE. Water leakage in treated areas, in interior areas or through the roof or exterior
walls of the structures on the premises, may destroy the effectiveness of treatment by Terminix
and is conducive to new infestation. Customer is responsible for making timely repairs as
necessary to stop the leakage. Customer's failure to make timely repairs will terminate this
Agreement automatically without further notice. Terminix shall have no responsibility for repairs
with respect to water leakage.
8. OWNERSHIP TRANSFER. Upon transfer of ownership of the structures, Services may be
continued upon request of the new owner and upon payment of the Ownership Transfer Fee set
forth on page 1 of this Agreement. In addition, Terminix reserves the right to revise the service
charges upon transfer of ownership. In the event the new owner fails to request continuation of
this Agreement or does not agree to pay the transfer fee of the revised service charges, this
Agreement will terminate automatically as of the date of the change of ownership.
9. FORCE MAJEURE. Terminix shall not be liable to Customer for any failure to perform or delay in
the performance under this Agreement attributable in whole or in part to any cause beyond its
reasonable control and without its fault or negligence, including but not limited to acts of God,
fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, government
actions, war, civil disturbance, insurrection, or sabotage.
ww.terminix.com
Commercial Pest Control Service Plan (135EP2019)
O 2019 Ttie Terminix International Company Limited Partnership
10. ADDITIONAL DISCLAIMERS. This Agreement does not cover and Terminix will not be responsible
for damage resulting from or services required for: (a) termites and/or any other wood -destroying
organisms except as specifically provided herein; (b) moisture conditions, including but not limited
to fungus damage and/or water leakage caused by faulty plumbing, roofs, gutters, downspouts
and/or poor drainage; (c) masonry failure or grade alterations; (d) inherent structural problems,
including but not limited to, wood to ground contacts; (e) termites entering any rigid foam,
wooden or cellulose containing components in contact with the earth and the Structures
regardless of whether the component is a part of the Structures; and (f) the failure of Customer to
properly cure at Customer's expense any condition that prevents proper treatment or inspection
or is conducive to pest infestation.
11. CHANGE IN LAW. Terminix performs its services in accordance with the requirements of law. In the
event of a change in existing law as it pertains to the services herein, Terminix reserves the right to
revise the service charges or terminate this Agreement.
12. NON-PAYMENT, DEFAULT. In case of non-payment or default by the Customer, Terminix has the
right to terminate this Agreement. In addition, cost of collection including reasonable attorney's
fees shall be paid by the Customer, whether suit is filed or not. In addition, interest at the highest
legal rate will be assessed for the period of delinquency.
13. CHANGE IN TERMS. At the time of any renewal of this Agreement, Terminix may change this
Agreement by adding, deleting or modifying any provision, charges, or pricing. Terminix will notify
the Customer in advance of any such change, and Customer may decline to accept such a change
by declining to renew this Agreement. Renewal of this Agreement will constitute acceptance of
any such changes.
14. SEVERABILITY 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.
15. MANDATORY ARBITRATION.. Any claim, dispute or controversy, regarding any contract, tort,
statute, or otherwise ("Claim"), arising out of or relating to this agreement or the relationships
among the parties hereto shall be resolved by one arbitrator through binding arbitration
administered by the American Arbitration Association ("AAA"), under the AAA Commercial or
Consumer, as applicable, Rules in effect at the time the Claim is filed ("AAA Rules"). Copies of the
AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The
arbitrator's decision shall be final, binding, and non -appealable. Judgment upon the award may be
entered and enforced in any court having jurisdiction. This clause is made pursuant to a
transaction involving interstate commerce and shall be governed by the Federal Arbitration Act.
Neither party shall sue the other party other than as provided herein or for enforcement of this
clause or of the arbitrator's award; any such suit may be brought only in Federal District Court for
the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The
arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any
dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or
formation of this Agreement including any claim that all or any part of the Agreement is void or
voidable. However, the preceding sentence shall not apply to the clause entitled "Class Action
Waiver." Venue for arbitration hereunder shall lie in Memphis, TN.
16. CLASS ACTION WAIVER. Any Claim must be brought in the parties' individual capacity, and not as
a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or
similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class
Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims
or conduct any Class Action nor make an award to any person or entity not a party to the
arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable,
void, or voidable may be determined only by a court of competent jurisdiction and not by an
arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE
THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A
CLASS OR REPRESENTATIVE ACTION. HOWEVER, THE PARTIES UNDERSTAND AND CHOOSE
TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
17. GOVERNING LAW. Except for the Mandatory Arbitration Clause in Section 15 of this Agreement
which is governed by and construed in accordance with the Federal Arbitration Act, this
Agreement shall be governed by, and construed in accordance with, the laws of the state in which
the dispute arises without regard to the conflict of laws provisions.
18. ENTIRE AGREEMENT. This Agreement, together with all exhibits thereto, constitutes the entire
agreement between the parties, supersedes all proposals, oral or written, and all other
communications between the parties relating to such subject matter and no other representations
or statements will be binding upon the parties. This Agreement may not be modified or amended
in any way without the written consent of both parties.
19. FEES. Purchaser shall pay the fees for purchase of the product(s) set forth in this Agreement
based upon the Payment Option selected by Purchaser.
20. LIMITED WARRANTY. TERMINIX WARRANTS THAT THE PRODUCTS SHALL BE FREE OF
DEFECTS IN WORKMANSHIP AND MATERIALS FOR A PERIOD OF ONE (1) YEAR FROM THE
DATE OF INSTALLATION. THE SOLE OBLIGATION OF TERMINIX FOR ANY CLAIMS UNDER THIS
LIMITED WARRANTY IS TO REPAIR OR REPLACE ANY DEFECTIVE COMPONENT(S), FREE OF
ANY CHARGES TO PURCHASER.
21. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROHIBITED BY LAW, TERMINIX DISCLAIMS
AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE AND/OR LOSS OF ENJOYMENT DAMAGES. THE
OBLIGATIONS OF TERMINIX SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU
OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY
REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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