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Home My Public Portal AboutAgreement_2015-12-31_Orkin Services Control - 5934-5926 1/2 Primrose AvenueOrkin Services of California, Inc. 3 5 7 61 G 2 r Commercial Services Agreement THIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND SIGNATURE OF A REPRESENTATIVE RouTE GRID # OF ORKIN MANAGEMENT, WHO HAS AUTHORITY TO EXECUTE IT ON BEHALF OF ORKIN. Customer Name Data BillinlgAdAddress .7 r Sw r 1 r p.,, ' / City I "r��.0 State Zip Code 1 /7 g v Phone 62b ��' / '1 1. INTEENThNTdq I,t�¢ d tl 1 C A. Ilnle Cgstomei) is ORKiN I egf `'o�T mutual understanding between B. The specifications indicate services to be randered by Orkin atthe bullding(s) and premises of the Customer located at (service address): County Name: OS S {T.C_ f Is this within Nry limlts'Ol'Yes ❑ No 0 Food Safety with GM OA ❑ Heart Gare IS Health Care with GM OA ❑ Pharmaceutical with GM QA 0 Element It. SCOPE AND NATURE OF WORK A Oryln agrees todwideservice far th following pests: LLY Roaches 15 Common ants fats and mica ❑ Pharaoh ank` ❑ Common spiders ❑ Flies ❑ Odor ❑ Academe: Odor Neutralizer ❑ Fly Foam Service ❑ Met Service means He periodic treatment to help contmllcombat fee targeted pests. Service cannot guarantee the targeted pests well not return, but if they do, Orkin will retreat as set out under this Triple Guarantee attached hereto and incorporated into this Agreement *Additional monthly charge required to cover these ants. B. Service Exclusions. 1 . Services Requiring a SapattAgreementThe Customer understands tat this Agreement does hot cover Carpenter Ants, Fire Ants, Bad Bugs, or Marquitees. Service for Nese pests requires a separate Agreementor Addendum. The requirement of a Separate agreement or addendum can not be walled by he Customer or any employee or agent of Orkin. 2. Additional Exclusions: This Agreement roes not cover Brown Recluse Space or mold or any mold -like conditions. This confusion can not be waived by the Customer or any employee or agent of Orkin. at 111. CUSTOMER OBLIGATIONS A. The Customer shell scontl all necessary cooperation m ensure of pests co from pest services', in nt ar r ported up of premises; appropriate sanitation, Customer ve construction measures. B. Whenever conditions conducive ry the sneering antl harborage of pests covered in this Agreement are repented ro the Customer in writing by Orkin, the Customer toshall this the necessary steps to coned such conditions. Failure. of Ne Customer to take necessary steps ro cancel such all pensions will relieve Orkin b Its obligations under the Triplenature ure of see attacher hereto and incorporated into this Agreement. C. The Customer Is responsible for communicating with all persons In the premises about the treatments and the nature of services attend h may the moreover, The Customer acknowledges by t that X has agreement, information,. or has communicated to Orkin scwriting any Information It dreg have, that any persons in Me premises have any medical condition Or sensitivity which may be eases a set o services contemplated e, thov dedbyOrr D. Should Ne Customer er to take enecessary pages duringcorrect term of r Agreement, they must follow iercomply with Customer and documentationns willelieve asses as get out in the Scopunder th of Triple¢, provided by Orkin. E Failure of the Customer i take necessary stage to coast ittenlrns reporter to it or to oNenvise comply with the Customer Obligations will relieve Orkin of Its obligations under Me Triple Guarantee and will permit Orkin, at Its discretion, to terminate this Agreement with sixty (SO) days wtlXen notice. IV. SERVICE SCHEDULE A. Orkin asreawards represttentiveshall service the chancCustomer frequency) peel Time ❑2Times ❑4Tlmes per month ❑Omer All areas requiring attention shell be treated in sits and thearre ingest and resent eradication. B. Orlon representatives shall make additional visits end Ireaenam as they are deemed necessary at no addilionel charge. Such service visits shell also be made promptly when requester by a designated representative of the Customer. V. TERMS OF AGREEMENT A. This agreement yearshall agreements, the for athly s ry 0 0 ❑3ncreyears And for hallNear renew after lremmonNmmonth thereafter until terminated by either party upon agreements,xty Orkin shall notice. B. For multiple year agreements, the monthly service charge will not increase for two years cher the initial treatment Thereafter,'add for all non multiple year agreements, Orkin shell have Me right ro increase the service charges effective omen acknowledges atter Ne anniversary rate a the Initial treatment. C. The gestomas termsndcthat the terms and conditions between the Customer and Orkin are Mose s[stetl In the Commercial Services Agreement and that there are no otherterms or pmJvslons which apply. Any modification or change to these terms and conditions must be by a we Gu Addendum signer by each party. D. Orkin will be reliever of its r r federal under the Triple Guarantee and Orkin may terminale this Agreement on sole r, O rays written nonce, if any n the obligations set forth In this a to and are not met by the Customer, storms, In the ant to a change in state or federal caw that materially affects Orkin's obligations united to, acts of ar Moreover, Orkin may terminate if II cannot perform supplies Its from ordinary rue to acts of Gad, including earthquakes, storms,. fires, floods, or because of material change in a circumstances, affect the but net limiter to, acts of war, strikes, unavailability of pesticides, or other supplies Isom ordinary spumes If any provision or portion It the s of this ce Agreement h found to be invalid or unenforceable, o shall not affect a c validity re enforceability�iveor of any other pert er is Agreement. Providedinvalid however, that es h the paragraph ly f the MEIOWARBTflATION, It 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 unenrorceable then the entirety of IM1e MEDIATIONIARBITRATION paragraph shall be deemed N be deleted from this Agreement. PAYMENT SUMMARY VI. PAYMENTl� (includes 0 pest 0 fly 0 odor ❑ acti ryme: odor neutralizer 0 other ) A. The case of in oxides described herein shall be $ y/,� plus lain of $ for Initial month and $ 11 d [) plus tax of $ � per month thereafter for a period of (_ ) CHECK THOSE THAT APPLY months. You will receive a monthly Invoice. Payment shall be due upon receipt of Invoice. 1. INITIAL PAYMENT /� VII. MATERIALS a. Initial l Start-up Service ............ ..$— A. The materials used shall conform to Federal, State and local laws and ordinances and shall be acceptable to file It. One -Time Charges .................. $ Customer. B. The materials she be used in accordance with Ne labels and specifications. c. Product Sales ...................... $ VIII. LIMITATION OF LIABILITY: The Customer expressly releases Orkin from liability for any claim for personal Injury d. Sales Tax if applicable) including stings or bites from fire ants, spiders, or any other pests) or property damage. (to include the structure or ( pp Ica ) ......... .... $ ./ A'1/d' 4940 contents) caused by any pests. The Customer agrees that under no circumstances shall Orkin be liable for any amount TOTAL (la+1b+lc+1d) ............. I. .... ....... $ TO" greater than the amount paid by the Customer to Orkin for Ne 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 2 MONTHLY TREATMENT SERVICE CHARGES In writing within one (1) year of the incident at issue or It will be deemed waiver. a Monthly Treatment Service Charges ..,.$ IX. A. Ime EQUIPMENT REPLACEMENT b. Sales Tax it ... A. The Customer agrees to use the leaser equipment or Orkin Equipment In good co (the condition, is a proper maned. ( pp i. ... ... .. .. $ and upon the cancellation of this Agreement to return Ne Equipment In grad contlight t usual wear and tear excepted. TOTAL (2a+ 2b) . ...... $ I L� All Equipment e Cu includes rodent sorties equipment charged t m Insect light haps) that is be in accordance loanor ce destroyed on the Customer premises will be replaced and charged to Ne Customer. Charges with be in accordant¢ 3. MONTHLY LEASE CHARGES with the current existing equipment costs. . Leased Component Charges .........$ S. Orkin shall retain ownership of leased components. Upon lamination of this Agreement for any reason, Ne Customer Agrees to make the leaser components available to Orkin. At Orkin's discretion, Orkin may in a lawful manner and 0 Sconce ❑ Standard ❑ Industrial 0 Orkin/Aires 0 AuloFresh without breach of Inc peace; enter upon the Customers premises, take possession of and remove the leased 0 Actizyme; Odor Neutralizer ❑ Other components. Orkin will rade be responsible for any damage tithe Customer's property upon removal of the leased components except such damage solelycaused to t by Customer Orkin's negligence. b. Sales Tax (M applicable)................ $ X. INSURANCCHEMICAL INFOUpon RMATION WARNING: OrkWARNING:mishto the Customeshave Some of hi insurance coverage In effect. TOTAL (Be +so) .....................................$ XL CHEMICAL INFORMATION WARNING: lVirtually pmvide all Information a have eche odor which may in present fora short time after application. BITR TION:, Orkin CONTROVERSY O about the chemicals [OU used in treating the promises. 4. Product Sales One-T1me Chazges plus fax (If applicable) .......$ XII. AGREEMENT, OR R E SER ANY CONTROVERSY OR CLAIM ARISING OUT OF M RELATING TO THIS AGREEMENT, EG THE SERVICES THETHECONTROVERSY ORKINUNDE RTHISAGRE EMENTO RA NYOTHER FIflST MONTH'SINVESTMENT(Total of 1a, b, c, end d)...........$ v' P AGREEMENT, RANSFER EBB CF WHETHER THE ISAGEEMENT OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFEROR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY TORT ]V AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURE OR DAMAGE TO REAL OR MONTHLY SERVICE I LEASE PAYMENT (Total Of 2+3) .......... $ v �' 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 PARAS AND SHALL BE CONDUCTED BY W. E ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR LES THE CUSTOMER AND ORKIN GASES WHERE SUCH PROCEDURES ARE APPLICABLE, ANY OTHER CONTROVERSY OR CLAIM SHALL DI DETERMINED UNDER THE AAA H COMMERCIAL D POWERS T RULES. THE CUSTOMER AND ORKINAEDIN THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATORS POWERS E CONDUCT ANY ION OR PROCEEDING UNDER R AN AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION DPROCEEDING P UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION E LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT IR 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 AT ARBITRATORS, R T IN THE HEARING OF THE PARTIES' AGREEMENT, THE REQUESTING PARTY SHALL E RESPONSIBLE FOR THE COST IT THE ADDITIONAL ARBITRATORS. EITHER PARTE MAY REDDEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIES BY A REASONED OPINION. THE AWARD RENDERED BE THE ARBITRATORS) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PART( MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD EREQUESTRTHE AN ARBITRAL APPEALER AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER ANDA THE SAME PROCESS AS THE INITIAL TIREARELMATOR(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 ENDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OFTHE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. PURSUANT ENT MAY RE ENTERED ON THE AWARE IN ANY COURT RAVING SHALL JURISDICTION THEREOF. CUSTOMER AND ORKINTI ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE T LEAST BY THEFEDERAL OF ARBITRATION ACT- BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND ORKININ EACH AGREES TO TRY IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AM COMMERCIAL MEDIATION RULES WITH ORKIN AGREEING TO PAY THE COSTS OF THE MEDIATION. ��/�EMITTED�® ��/$0 Cath ❑Checkfi �� 0�✓sy�a;=ani Form ❑P.O. Number � em area PR (FO /F/3 EmPlpveelpxorcerurcaddn> bGveetAdag�/m�/, /77 CA Beach Telephone Number /f�9Y,�lN///10/r� stats ZIP it ..J THISAGPEEMENT IS NOT VALID UNTIL APPROVED BY ORKIN MANAGEMENT ( ikzd4� J/r y 2.74,, Branch Management Signature Date Customers Sig tore /` pale 162529 REV.612013 California LOCATION