TERM/N/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 October 18, 2005 Mr. Glen Holekamp Building Maintenance Supervisor Kerr County Facilities Use & Maintenance 70U Main Street, Suite CB 103-A Kerrville, TX 78028 Deaz 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 et~'ective October 2005. 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 remains as it was last year also. Our technician, Chris Saunders, is a certified applicator and will continue to provide the services as he has the past four 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 specific situations. Of course, at any time, you may contact me with 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 stag's safety 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 satisfied . Our goat 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 wouid like to discuss the information attached, please contact me at your convenience. I'll look forwazd to your reply. Since ly ent W. ~ and OwnerlPresident KERR COUNTY FACILITIES I+ROPOSAL FOR MONTHLY PEST CONTROL SERVICE Effective -October 2005 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 JUVENILE DETENTION CENTER (2 Buildings) $95.00 $95.00 ($30 for extra services for unlisted pests) $25.00 $95.00 $95.00 $45.00 $25.00 $95.00 $570.00Imontb TOTAL ANNUAL COST: $6,840.00 g~QBDTN CERTIFICATE OF LIABILITY INSURANCE 04/29/2005' PRODUCER (214)526-5646 FAX (214)526-6926 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dexter & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3601 Cedar Springs Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. "~llas, TX 75219 annon McCay INSURERS AFFORDING COVERAGE NAIC # INSURED Kent Bond, LC D8A INSURER A: American Automobile Insurance 21849 ABC Termi nix Termite & Pest Control INSURER B'. 3100 Memorial Blvd INSURER C: Kerrville, TX 78028 wsuRER D. INSURER E: rnvooer_Gc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' rypE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DMRS GENERAL LIABIDry MZ000005902 05/01/2005 05/01/2006 EACH OCCURRENCE a 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S LOO, DD CLAIMS MADE ~ OCCUR MED EXP (Any one person) b 5 r DQ A X 51,000 BI/PD DED PERSONALBADV INJURY $ 1, OOO,DDD GENERAL AGGREGATE E 2 ,ODD , OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E Included POLICY Pft0- LOC JECT AUT OMOBILE LIABILITY MZA00005902 DS/D1/2DD5 DS/D1/2DD6 COMBINED SINGLE LIMIT ANV AUTO (Ea actldenQ E 1 ,DDD , DD All OWNED AUTOS BODILY INJURY E X SCHEDULED AUTOS (Per person) A X HIRED AUTOS BODILY INJURY E X NON-OWNED AUTOS (Per accitlenl) PROPERTY DAMAGE E (Per accitlenU GARAGE DABILiry AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG E EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE E OCCUR ~ CLAIMS MADE AGGREGATE E E DEDUCTIBLE $ RETENTION E E WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT b ~' ANV PROPRIETORIPARTNER/EXECUTIVE - OFFICER/MEMBEREXCLUDED? E.L. DISEASE-EA EMPLOYE $ I(yes, tlescnbe under SPECIAL PROVISIONS below I E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVI SIONS o~~ rrarnr., ;~ Rr1 add;r;nDal Tnsured. but only with respect to liability arising out of operations of Named Insured. Waiver of Subrogation in favor of Kerry County, it's representatives, county issioners, officers, partners, employees, agents, customers and invitees where required by contract Kerr County Courthouse Maintenance Department Attn: Glenn Holekamp 700 Main St Kerrville, TX 78028 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL lO DAYS WmTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LUUEILITY OF ANV KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTMORD:ED REPRESENTATIVE ^ d, , nl c ACORD 25 (2001/08) ©ACORD CORPORATION 198E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) KERB COUNTY, TEXAS BID PROPOSAL Date: /~ -/d'-OS Bid Date: Time: _ Opening: Kerr Count~+ Courthouse Commssioners' Courtroom Kerr Counter„ 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. ITEM NO. DESCRIPTION AMOUNT Sealed proposals will be accepted by the Kerr County Commissioners' Court in aceordance with the attached specifications. Deliver/Completion will be made on or before 20_ The egwpment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT' TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BTDS/PROPOSALS. Company: ~.E'~cr...l ~ ~' /-ESr ~,~rz'a~ / By: ~ / r( Enlr CU ~ ~oi[i -Ou~.~Jc-.Q//~.P~-s, Address: ~g Title o3/oc~ ~~1~2ro,e,AC i3//.1 _ /1~P~ocii//e TJC 7 d'~' L d~ Pho~: 83o-as7 ~L33 FaxNo.: d'3C-~96- a,~o NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. cwt sa ao~t ~/02Po3 KERB COi7NTY shall not /b7e liable or responsible for, and shall be saved and held hamiless by I~~'~'Jin~ia' J~rsT l>~%.Po~ (Vendor Named from and against any and all suits, actions, losses, damages, clauns, or liability of any character, type or description including any ciaim 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, dvectly or indirectly, the performance of ~~~~%~/X ~~ ~.cJJ:~a~ (..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 intern of the parties to this Agreement that~/t//he indemnity provided for in this section is an indemnity extended by /~.P.r~I%~~X /" ~3T ~~~ ~- (Vendor Named to indemnify and protect KERB COUNTY from the consequences of KERB COUNTY'S own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. r~~ 7/02103 MASTER SERVICE AGREEMENT This Agreement entered into as,pf /~~ day of Q°Ta~t`~ 200, by KERB CO(JNTY ("County") and ~~,P.s~/i,/~,Y 5T ~/®,tJT.el1L ("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 famished 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 eniitled to such compensation as specifically authorized by KERB COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written documern. There shall be no increase in the compensation unless authorized by KERB 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, standazds imposed by law For comparable or similaz 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 mercha~able, of good woriQnansMp and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independem Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. Tn performing services or famishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incw 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: t) an employee, agem or represe~ative 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 Independe~ Contractor, but such work shall meet the approval of KERB COUNTY. V.INSURANCE hrdependent Contractor shall at all times during the term of this Agreement at Independent 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 A®reemem 7/02/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsurcxi Motorists Combined Single Liability Al] owned, nonowned, 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 similaz type insurance with similar type limits. KERR COUNTY shall be named as an additional insured on all policies where available and Certificates of such inswance shall be famished by Independent Contractor and any subcontractors where applicable to KERR COUNTY. The types of coverage or limits may be modified only by written agreement between KERB COUNTY and Independent ConVactor. 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 INJURY), 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 KERR 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 endorsemerrts to all policies of insurance carried in connection with this Agreement. Master Service Agfeemeat 7/02/03 VIII. VENUE This Agreement is be wnstnred under the laws of the State of Texas and all obligations of the parties created by this Agreement aze performable in KERR COUNTY, Texas. IX. PRIOR AGREEMENTS SUPERCEDED This Agreemern 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 requiremerns and indemnification. X. AMENDMENT No amendment, modification or alteration of this Agrcemern is binding unless in writing dated subsequent to the date of this Agreement and duly executed by all parties hereto. XI. TERMS Either party may cancel this agreement by providing written notice to the other party flurry (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERB COUNTY'S prior written concern, divulge to any third-party or, except to the extern necessary for performance hereunder, make any use of any of KERR 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 COUN'T'Y reserves the right to terminate the wntract immediately in the evern 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 KEItR 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 Independern Conhactor. 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 parry, 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 Agreemern shall be deemed valid, binding and still enforceable. Master Service Agreement 7102/03 1n the event that either party commits any material breach of this Agreeme~ including, without limitation, any breach of any indemnification obligation, in addition to any other remedy that the aggrieved party mau 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 co ct hereunder shall not be considered exclusive contracts. KERB COUNTY shall have ers to perform the same or similaz work. ~g~ C KERR COUNTY ~p~ ~ p }~q~ .~4'~ . y ~ ~~ ~~V!RS UiJ iv INDEPENDENT CONTRACTOR: \ ~~ Matter Service Aercexneut '7!02/03 STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared ~~,1JY CiJ ~ t'3O,rJ.U Imown to me to be the person whose Warne is subscribed to the following, who upon oath, says: 1 am the Manager, Secretary or other aged or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full Imowledge of the relations of the Bidder with the other Sans 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 a~ time hereafter any economic opportunity, firarre employment, ~ loan, icy, ~~~> trip, Srvor, 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 states that the facts contained in the above are true and correct, this day of _ _ 20 Notary Public State of Texas Name ofBidder._~E.<