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Home My Public Portal AboutAgreement_2018-01-29_Orkin Services of California_Service Address 9167 La Rosa Drive, Temple CityOrkin Pest Control ' Commercial Services Agreement l r' THIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND SIGNATURE OF A REPRESENTATIVE OF ORKIN MANAGEMENT, COMMERCIAL SERVICES WHO HAS AUTHORITY TO EXECUTE IT ON BEHALF OF ORKIN. Customer Name I Y !'1 Billing Address ROUTE GRIDDj# — Date + — Z 9 — I ?l City State Zip Code Air Phone 1. INTENT A This Agreement is intended l0 soap.:, mutual understanding between B The specilicalions indicate services to be rendered by Orkin at the building(s) and premises of the Customer located at (service address): (the Customer) and Orkin, LLC (Orkin Pest Control) County Nome: Is this within city limits Ll Yes LJ No D Food Safety with GM QA ❑ Health Care El Health Care with GM QA LJ Pharmaceutical with GM OA El Element II, SgPQE AND NA7UAE OF WORK A. Orkin agrees to provide service for the following pests: ❑ Roaches ❑ Common ants ❑ Rats and mice ❑ Pharaoh ants' ❑ Common spiders ❑ Flies ❑ Odor ❑ Aclizyme: Odor Neutralizer ❑ Fly Foam Service ❑ Other Service means the periodic treatment to help control/combat the targeted pests. Service cannot guarantee the targeted pests will not return, but it they do, Orkin will retreat, as set out under the Triple Guarantee attached hereto and incorporated into this Agreemenl, 'Additional monthly charge required to cover these ants. B- Service Exclusions. 1. Services Requiring a Separate Agreement: The Customer understands [hat [his Agreement does not cover Carpenter Ants, Fire Ants, Bed Bugs, or Mosquitoes Service for (hese pests requires a separate Agreement or Addendum. The requirement of a separate agreement or addendum can not be waived by [he Customer or any employee or agent of Orkin. 2. Additional Exclusions: This Agreement does nol cover Brown Recluse Spiders or mold or any mold -like conditions- This exclusion can not be waived by [he 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 Cuafmnet is msponalhle lot communicating wllh E10 persons In The premises aboul !fie kmimEnts and the nature of services offered heteunldaf; m0networ, the Customer acknowledges that it has no information, or bas communicated to Mkin m wfifing any Infomarion it does have, that any persona in pramtaes have any madreaf condition or serl"Nity which may be dltec ted by the services contemplated by this agreement D. Should the Custotrror discover any Iarge[ud pests during Ina, term of thLs Agrin mhrrf, they mull follow the applicable nnb[Icalkul mrd docun%mlahon pioorm"s a5 5rt out! the - of [e. plc L.1 ,l by Orkin, E. Failure Of Iha CU910mar to take necassary stops to correci wndiuons lEpodod IP it of fo:orherwlsa comply wtlh [ha Customer Obl"iroria will' relic a Orkin of its 1101' lion; der lose fluararnae and will permit Orkin, al kis dtscrellun, to feminalu IMP Agrenmonn with slxV (W days wr114eft nollca- IV, SERVICESCHEOULE _ 5� A Orkin service representative shall service the Customer (service frequency) ❑ 1 Time ❑ 2 Times ❑ 4 Times per month ❑ 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 aifeCilve far a per and o1 I 1 1-1 2 :-1 3 years and sl sill tcnaw Ilsnlf from mdnlh it manih thdrealter until terminated by eRher prirly upon sixly dtrys' will len nonce. D Fox muhiple Mr agreamonta, the munfhty service ehorgo will not Increase @m two years after ere lniii iI Tzeamra -YL Tnounit sr, and for all nms-mullkpk year agrr nmm els, Orkin shall have Ilia tlglkf To ifitreae the ss+Vrce Charges Bffedive nnyllme after. line anniversary date of [he Lnllial Irantmenl- C The Cusfornor acknowledges that the Inns and torulllfons be"n the Cuslumer an[! Orkin ala lhow Volae in fine Cnmma ralrl Sevvk:ox Auravmaiil, Ihal f his is Iha ontlra agreinmenf, and 1hill there aro no Mh4r toms or pfovialon5 which ajl�ly. Any mndl%ratlon or change tp these tering and condil leas must Ere by a written Addendum signed by each paKy, 4uhjact In Lha provisions of s ltnn 11-D- above. D. Orkin vita ha rnfie�er1 crf As ohilgnlions ander the TOple Guararpee and OrRIn may Ieminele Ails Agreement on a1x(y. [Gal dny; wrtklen rwhim. +1 any of The gbliigatlon• Per farm in this Agremmem aro- not mat byy Iho Customer. or In the evdnf of a cliongr, in stale or fed6ml law thal materially affects Ofkin's ebllgatibha under Ihia Ag*aettretet MCTacwr, CAIn m,yy ferminaie 11 If cenrlol padnim Its responslbil3lie5 due In arts of iirid. Including earthquakes, strains, fires, 11oode, or beouse el materiel rhenge in circumstances, including, but nal Irmlled to, avis of war. spikes, unavarinhrlily of pniialrlp! . or frinnr s.rtzplws from oMlnary &ourcj a 11 airy provision or portion Ihareal'of Ude AgieemenI w found to be rrwafid or urrardorumble. It chat! not affect lino. vaLldm rty or enlorceaMkly o1 any other par[ of 1hW:Ajras0`I P")VIaWl, hewe vat, 84411 ag fe the paraotaph on MIEDIATIONJARB I TRATION, !I the serltenre precluding the arlUfmtor from conducting an arbitration proceeding as a. class, representative of private allorneypggneral Winn is found to he invalid or unenfome ole then Ilia enikoty Of the M EDIATION)ARBtrRATiON paragraph shah he deamcd to be, dale toe from Ihia AgreammrV VI. PAYMENTPAYMENT SUMMARY A, 'Tile cosi o1 the servrces described herein shaft be, 5 U O plus lax cis 10 rhe (includes O pest O fly ❑ odor ❑ aclizyme: odor neutralizer ether ) inRial month and $�j rdu� lax of S par mama IhprvAlWr for a period of (_ 1 months_ You Will f ceiva a nxvrtlJy. voice- Paynrrenl shad be due upon receipt of Invoice- 1. INITIAL PAYMENT CHECK THOSE THAT APPLY VII. MATERIALS A. The materials used shall conform to Federal, Stale and local laws and ordinances and shall be acceptable to a- Initial / Start-up Service .. $ the Customer b. One -Time Charges . ..... .... .. $ B. The materials shall be used in accordance with the labels and specifications - VIII. LIMITATION OF LIABILITY: The Customer expressly releases Orkin from liability for any claim for personal c Product Sales . ...... . ... .... $ injury (including slings or biles from fire ants, spiders, or any other pests) or property damage (to include the d- Sales Tax (if applicable) -- - - - - - -- - - - - - $ structure or contents) caused by any pests. The Customer agrees that under no circumstances shall Orkin be liable for any amount greater than the amount paid by the Customer to Orkin for the services to be provided- In TOTAL (1 a + 1 b + lc + 1d) . .. . ... .................... S W no event will Orkin be responsible for consequential damages for loss of use of property. Any claim by the 2 MONTHLY TREATMENT SERVICE CHARGES Customer for damages must be made in writing within one (1) year of the incident at issue or it will be deemed waived, a. Monthly Treatment Service Charges . $ IX. EQUIPMENT REPLACEMENT A. The Customer agrees to use [he 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 TOTAL (2a + 2b) ..... _ . .................: 6 wear and tear excepted. All Equipment (which includes rodent barrier equipment, Orkin/Aires, or insect light [raps) that is damaged, lost or destroyed on the Customer premises will be replaced and charged to the 3 MONTHLY LEASE CHARGES 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 a. Leased Component Charges .......... $ Customer agrees to make the leased components available to Orkin. At Orkin's discretion, Orkin may in a ❑ Sconce ❑ Standard ❑ Industrial ❑ Orkin/Aires ❑ AutoFresh lawful manner and without breach of 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 property ❑ Actizyme: Odor Neutralizer ❑ Other upon removal of the leased components except such damage solely caused by Orkin's negligence, b. Sales Tax (it applicable) ............. $ X. INSURANCE: Upon request, Orkin shall furnish to the Customer a certificate of liability insurance coverage in effect. TOTAL (3a + 3b) ... ........................ ........ $ XI. CHEMICAL INFORMATION WARNING: Virtually all pesticides have some odor which may be present for a 4, Product Sales / One -Time Charges plus tax (if applicable) ....... S short time after application. At your request, Orkin will provide information about the chemicals to be used in Treating the premises- XII. MEDIATIOWARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS FIRST MONTH'S INVESTMENT (Total of 1 a, b, c, and d) . , . ....... $ 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 MONTHLY SERVICE / LEASE PAYMENT (Total of 2 + 3) 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 AGRgWNG 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: htip://www adr.org. XIII.. AMOUNT REMITTED: F_ED: S I � \a� 1 �Ch^ck El Easy Payment Form � O� P.C. Number __r He Employee ID # or Certification k Branch Street Address enc ele umber I City Stale %C(-10 it is NOT V A (7/ NMANAGEMENT �/ ufr Mri gym Dane Customer's Signature Dale 5 8 R -3!2414 LOCATION 7091214