r~~M'~'X The Nationwide Pest Control Experts 3100 Memorial Boulevard Kerrville, TX 78028 Telephone: 830/257-8233 Toll Free: 1-888/522-9574 Fax: 830/896-2209 September 24, 2004 Mr. Glen Holekamp Building Maintenance Supervisor Kerr County Facilities Use & Maintenance 7UU Main Street, Suite CB lU3-A Kerrville, TX 78028 Dear Mr. Holekamp, Thank you for the opportunity to provide the attached proposal to continue pest control services at the Kerr County facilities for the next year e##ective (3ctober 2UU4. As you will note, the cost for service for each building remains as it has been for the past three years. Due to issues at the jail facilities, a small extra service charge for call backs to the jail is the only exception to the pricing. Our technician, Chris Saunders, is a certified applicator and will continue to provide the services as lie has the past three years. He is familiar with the schedule requirements, personnel at your facilities, and the unique pest treatment issues involved. This will provide continuity for those speci#ic situations. Uf course, at any time, you may contact me wrath any concerns that may arise. Communication between us is a very important key to our ability to address any problems that may occur. You can rest assured that we continue to provide our technicians with on-going training, and our concern is always your sta#t~'s sa#ety while providing a pest free environment. The Terminix service guarantee is the most comprehensive in the business and we will always remain on the job until you are completely satis#ied . Our goal is to eliminate the concern for the pest control from your job. We value your business and hope to continue this service and relationship with Kerr County. If you have any questions or would like to discuss the information attached, please contact me at your convenience. I'll look forward to your reply. Sincere , Kent W. Bond OwnerlPresident 7EBM/N/X KERR COUNTY FACILITIES PROPOSAL FOR MONTHLY PEST CONTROL SERVICE Effective -October 2004 MONTHLY SERVICE FOR THE FOLLOWING LOCATIONS: COURTHOUSE: SHERIFF' S OFFICE, JAIL, & JP#2 EXTENSION OFFICE ADULT & JUVENILE PROBATION HILL COUNTRY YOUTH EXHIBITION CENTER ANIMAL CONTROL JP#4 & TAX ANNEX - INGRAM $95.00 $95.00 ($30 for extra services for unlisted pests) $25.00 $95.00 $95.00 $45.00 $25.00 $475.00/month TOTAL ANNUAL COST: 9/24/04 $5,700.00 KERR coUNTY, TExAs BID PROPOSAL Date: ~~" -~ `~- ~ ~ Bid Date: Time: Opening: Kerr Counter Courthouse Commissioners' Courtroom Kerr County. Texas Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specifications listed below and/or attached, the undersigned makes the following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), having been removed from bid price. TTEM NO. DESCRIPTION AMOUNT Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before _ 20 The equipment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: - j ' ~: ~., , x /''~; ~ e. ~ ~ '~'~~ ~-- :c., ~T Cc ~ . ~~ F~`Z 1.? --L'r"r .c k~'`r~ie~E By: Title Address: c-~~%~C~ /`~~ilcc^~~i~ /~~' l ~..~~ Phone: d 3c' .,.~ ~'7- ~ z 3 :~ Fax No.: ~' ~' ° ~'~ ~= - ,~ ~ o l NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The Cou~y of Kerr does not discriminate on the basis of race, color, national origin, sex, religioq age and disability in employment or the provision of services. General Bid Proposal 7102/03 KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ~% ,Pia ~ ~ ~-~ ~ ~ ~~~•" C~u-'; ~-C ~ (Vendor Name) from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description including any claim for subrogation by any insurance carrier, and all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of ~!'~ ~~ ~~-' ~~ /~~~ %-" L ~ u T.~'-~' ~ Vendor Named under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by %~ ~'~ ~ ~-~ %X ~« : ~~1~~~~~'~ (Vendor Named to indemnify and protect KERR COUN'T'Y from the consequences of KERR COUNTY's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. ~~ ~rozro3 STATE OF TEXAS § COUNTY OF KERB § AFFIDAVIT BEFORE ,the dersigned authority, on this day personally appeared ~~P.(1~-- I ~ ~ O Y1 ~ laiown to me to be the person whose name is subscrit~ed to the following, who upon oath, says: I am the Manager, Secretary or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full lozowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence any person to bid or not to bid thereon. I further affirm that the Bidder has not given, offered to give, not intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratiuty, special discount, trip, favor, or service to a public servant in connection with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath that the facts contained in the above are true and correct, this a ~ '~--h day of _ ~ 20Q~: B. J. BILLEITER ' Wotary PubNc, State d Teome MY Commieelon e~irea a~ ' October p~ 2oo~t N blic ,~/ State of Texas Name of Bidder. ~" - ~!.ae`t~ ~~~ ~~- i ~-'~~~~-~~~C -~~; _ (~",~~-~'~°~` Signed by: - U~~ct~' r ~E5 Sign ame ' (T'itk) Address: •.~~~ ~ f~G-~1r c.~' ~.~ ~ ~ ~ v ~ ~ r"~'c f ~ c [ t-- , ~ X 7~'t~ ~ .f' c~ ~) Telephone Number: ~ Vic' - ~,.5 7- ~' z =~ ~ Date: % -~ Sl -o S~ NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE CONSIDERED. The County of Kerr does not discriiminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. affiaavic 7f07J03 MASTER SERVICE AGREEMENT This Agreement entered into as of l~ day of ~Z f~~)%~ , 20+:` by KERB COUNTY ("County") and lEf_'/~ii.~- i X' s~'~':> ; Cog; ~~~,-ic'~ ~_ ("Independent Contractor"). In consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Independent Contractor to KERB COUNTY whether presently in progress or furnished from time to time in the future. Independent Contractor shall diligently perform all work in a skillful and workmanlike manner. II. COMPENSATION Independent Contractor shall be entitled to such compensation as specifically authorized by KERR COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERR COUNTY in writing. III. WARRANTIES Independent Contractor shall perform all work with due diligence, in a good and workmanlike manner and in accordance with specifications provided by KERB COUNTY or in the absence of such specifications, generally accepted professional standards, and, where applicable, standards imposed by law for comparable or similar services. Independent Contractor warrants that the goods delivered under this Agreement will conform to the specifications provided by KERB COUNTY, if any, and that the goods will be merchantable, of good workmanship and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRACTOR In performing services or furnishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incur any charge or expense in the name of KERB COUNTY. Independent Contractor expressly agrees, acknowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever result in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or representative of KERB COUNTY; or 2) entitled to any benefits from KERR COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KERB COUNTY may be entitled. KERB COUNTY shall have no direction or control of Independent Contractor or its employees and agents except in the results to be obtained. The actual performance and superintendence of all work shall be by Independent Contractor, but such work shall meet the approval of KERR COUNTY. V. INSURANCE Independent Contractor shall at all times during the term of this Agreement at Independer Contractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: Master Service Agreecnern 7/02/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage.) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 PersonaUAdvertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability 100,000 Per Person Per Accident 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERB COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be furnished by Independent Contractor and any subcontractors where applicable to KERB COUNTY. The types of coverage or limits may be modified only by written agreement between KERB COUNTY and Independent Contractor. VI. INDEMNITY INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERR COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY (INCLUDING BODILY INJI7RY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERB COUNTY (including KERB COUNTY'S representatives, County Commissioners, officers, partners, employees, agents, customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreement or any other insurance actually carried by Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in connection with this Agreement. M~~r s~;~ Agree~nern 7/02/03 VIII. VENUE This Agreement is be construed under the laws of the State of Texas and all obligations of the parties created by this Agreement are performable in KERB COUNTY, Texas. IX. PRIOR AGREEMENTS SUPERCEDED This Agreement constitutes the parties sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to insurance or indemnification. This Agreement does not waive any terms or conditions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regard to the insurance requirements and indemnification. X. AMENDMENT No amendment, modification or alteration of this Agreement is binding unless in writing dated subsequent to the date of this Agreement and duly executed by ail parties hereto. XI. TERMS Either party may cancel this agreement by providing written notice to the other party thirty (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERR COUNTY'S prior written consent, divulge to any third-party or, except to the extent necessary for performance hereunder, make any use of any of KERB COUNTY'S proprietary technical information which is disclosed or made available to Independent Contractor by or on behalf of KERB COUNTY. XIII. GENERAL PROVISIONS KERB COUNTY reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interests of KERB COUNTY in the event of breach or default of this contract. KERB COUNTY reserves the right to terminate the contract immediately in the event Independent Contractor fails to: (1) meet delivery, performance or completion schedules, or (2) otherwise perform in accordance with this contract or the specifications. Breach of contract or default authorizes KERB COUNTY to award to another bidder or purchase the goods and/or services elsewhere and charge the full increase in cost and any additional related fees or expenses incurred to Independent Contractor. No waiver by either party of any one or more defaults by the other party in the performance of this Agreement or any contract hereunder shall operate or be construed as a waiver of any future default or defaults by the same party, whether of a like or different character. It is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any event, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. Master Service Agreement 7/02103 In the event that either party commits any material breach of this Agreement including, without limitation, any breach of any indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any proceeding wherein the agreed party seeks redress for such breach. This Agreement and any contract hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similar work. KERR COUNTY BY INDEPENDENT CONTRACTOR: Master Service Agreement 7/02/03 Commercial General Liability DECLARATIONS NAME AND ADDRESS OF AGENCY INSURANCE COMPANY Lexington Insurance Company 100 Summer Street 00000 0000 Boston MA 02110 AGENCY NAME AND MAILING ADDRESS OF INSURED POLICY NUMBER 41-LX -5519187-0/000 ABC Terminix Termite & Pest Control POLICY PERIOD 3100 Memorial Blvd FROM: 05-O1-04 T0: 05-01-05 Kerrville TX 78028 At 12:01 A.M. standard time at the mailing address shown. LIMITS OF INSURANCE GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE $ 2,000,000 PERSONAL INJURY & ADVERTISING INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES RENTED TO YOU $ 100,000 ANY ONE PREMISES MEDICAL EXPENSE $ 5,000 ANY ONE PERSON BODILY INJURY AND PROPERTY ~I DAMAGE COMBINED DEDUCTIBLE: See Manuscript Forms STATE-1 LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY: LOC # 1: 3100 Memorial Blvd PMS PDTS LOC CLASSIFICATION CODE PREMIUM BASIS RATE RATE 1 PEST CONTROL SERVICES 43470 GROSS SALES 816,491 PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT ~i ACCIDENT INSURANCE ENDORSEMENT See Accident Insurance Endorsement form PRG6002 for coverage information. Accidental Auto Spill 5211.00 Original 05-27-04 Page 3 of 5 Texas Commercial Automobile DECLARATION ~Py NAME AND ADDRESS OF AGENCY INSURANCE COMPANY Illinois National Insurance Company Wright & Percy Insurance Member American International Group, Ir.c 4041 Essen Lane, Suite 400 Executive Offices: 70 Pine St. Baton Rouge LA 70809 New York NY 10270 AGENCY 0000088552 NAME AND MAILING ADDRESS OF INSURED POLICY NUMBER 06-TX -3651012-0/000 ABC Terminix Termite & Pest Control POLICY PERIOD 3100 Memorial Blvd FROM: 05-O1-04 TO: 05-01-05 Kerrville TX 78028 At 19e01 A_M_ standard time at The mailing address shown. THE NAMED INSURED IS OTHER [IUSINESS DESCRtPTt()N Pest Control Service IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM TWO-SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those Autos shown as covered Autos. Autos are shown as covered Autos for a particular coverage by the entry of one or more symbols next to the name of the coverage. COVERED COVERAGES LIMITS PREMIUM ALIT O S THE MOST WE WILL PAY FOR ANY ONE SYMBOLS ACCIDENT OR LOSS 7 8 9 LIABILITY S 1,000,000 EACH ACCIDENT $ 5,704 7 PERSONAL INJURY PROTECTION - PIP $ 2,500 S 199 i AUTO MEDICAL PAYMENTS S EACH PERSON $ 7 UNINSURED/UNDERINSURED MOTORISTS S 1,000,000 EACH ACCIDENT ~ 1,890 7 PHYSICAL DAMAGE: Stated Amount, Actual Cash Value or Cost of COMPREHENSIVE COVERAGE Repairs, whichever is less, minus Deductible for each covered auto (see item three) - no Ded. S 1,279 applies to loss caused by fire/lightning. ~ PHYSICAL DAMAGE: Stated Amount, Actual Cash Value or Cost of SPECIFIED CAUSES OF LOSS COVERAGE Repairs, whichever is less, minus S25 Ded for each covered auto for loss caused by mischief or S ~ vandalism. ~ I 7 PHYSICAL DAMAGE: Stated Amount, Actual Cash Value or Cost of ~i COLLISION COVERAGE Repairs, whichever is less, minus Deductible for each covered auto (see item three). S 2,276 ~ Insured's copy 05-27-04 Page 1 of 4 LEXINGTON INSURANCE COMPANY ~~ ~~ (Herein called the Company) Name Insured ABC/Terminix Termite & Pest Control L.C., Kent Bond L.C. dba ABC Tree Service Policy Number: EPIC 0562725 EMPLOYER'S PRIMARY INDEMNITY COVERAGE Policy Amendment No. 1 This Policy Amendment is attached to and made part of the Policy effective 3/15/2004 at 12:01 AM, Standard Time at the address of the Name Insured. It is hereby agreed and understood that, in consideration of timely payment of the premium indicated below, the Policy issued to the Name Insured is hereby renewed. Item 2 of the Declarations, Policy Period, Item 5 of the Declarations, and Item 6 of the Declarations, Premium are hereby amended to read as follows: Policy Period: Effective Date: 12:01 A.M. on 3/15/2004 Expiration Date: 12:01 A.M. on 3/15/2005 Limits of Coverage: a. Combined Single Limit (per any one person) b. Combined Single Limit (per any one Occurrence) c. Deductible (per any one person, any one Occurrence) d. Combined Coverage Period e. Weekly Indemnity (not to exceed) f. Elimination Period g. Annual Policy Aggregate (Occupational Accident Coverage Classification Codes 4519 8810 Payroll $170, l 69.00 $26,973.00 Premium - (premium to be adjusted at a rate per $100 of payroll) a. Estimated Annual Premium a. Terrorism Premium: (0.3% of Premium) b. Annual Processing Fee (fully earned) c. Annual Billing fee (fully earned) d. Surplus line tax of 4.85% e. Stamping fee of .1 $1,000,000.00 $10,000,000.00 $1,000.00 104 weeks 75% up to $600 7davs None Rates per $100 payroll $2.9700 $0.2200 $5,113.36 $15.34 $100.00 $125.00 $259.65 $5.35 EPI00005 (11/98) 1 The Nationwide Pest Control E~Perts je~minix o~ial8ouleva~d g10~ ~+ ~x 78028 Ke~ivdle. TEBMd/II~1X _' y---'- ~ 1 ~r~~ l ~~~ -~ ~~~ e,` ~~~ ~ ~~ ~~ ~ p ~~d , ~~~ ~ ~ ~ ~~ ~ ~. ~ ~~~~ ~ ~~ ~~~ ~ ~ ~~ ;, ~- JJ ~ ~ ~. r t~ 1~~ j/~~,,~tti~ G~ // tt// d