2022-02-01 Ex 04SERVICES CONTRACT
CUSTOMER NAME: City of Okeechobee
SUBMITTED TO: Marvin Robertson
CONTRACT DATE: January 19, 2022
SUBMITTED BY: Kevin Murray
SERVICES: One Time Canal Cleanup of Overhanging Tree Branches
This agreement (the "Agreement") is made as of the date indicated above, and is by and between
SOLitude Lake Management, LLC ("Solitude" or the "Company") and the customer identified above (the
"Customer") on the terms and conditions set forth in this Agreement.
1. The Services. SOLitude will provide services at the Customer's property as described in Schedule A
attached hereto:
2. PAYMENT TERMS The fee for the Services is $14,970.00. Company will submit a PO for the service
fee. The Customer shall pay 0% of this service fee upon execution of this Agreement. The balance
(remaining 100% of fee) will be invoiced to Customer by SOLitude following completion of the Services.
For any work completed or materials in storage on the customer's behalf at the end of each month, the
company will invoice and the customer will be responsible for paying the percent of the total work
completed as of that date, less any previous deposit paid. Should the work performed be subject to any
local, state, or federal jurisdiction, agency, or other organization of authority for sales or other taxes or fees
in addition to those expressly covered by this contract, customer will be invoiced and responsible for
paying said additional taxes in addition to the fee above. Customer agrees to pay all invoices within thirty
(30) days of invoice date. The Customer will be liable for any returned check fees and any collection
costs, including reasonable attorney fees and court costs, for any invoices not otherwise timely paid, and
interest at the rate of 1% per month may be added to all unpaid invoices. Company shall be reimbursed
by the Customer for any non -routine expenses, administrative fees, compliance fees, or any other similar
expense that are incurred as a result of requirements placed on the Company by the Customer that are
not covered specifically by the written specifications of this contract.
3. TERM AND EXPIRATION This Agreement is for a one-time service as described in the attached
Schedule A. Any additional services will be provided only upon additional terms as agreed to by the
parties in writing.
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM
Services Contract
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4. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or
other work that result from dam or other structural failures, severe weather and storms, flooding, or other
acts of God that are outside of the control of SOLitude.
Customer understands and acknowledges that there are irrigation restrictions associated with many of the
products used to treat lakes and ponds. The customer is responsible for notifying SOLitude in advance of
the contract signing and the start of the contract if they utilize any of the water in their lakes or ponds for
irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation
of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the
customer for irrigation without the consent or knowledge of SOLitude.
Although there is rarely direct fish toxicity with the products used for treatment when applied at the
labeled rate, or the installation and normal operation of the equipment we install, there is a risk under
certain circumstances of significant dissolved oxygen drops. This risk is most severe in times of extremely
hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen
levels are naturally at their lowest levels. Oftentimes lakes and ponds will experience natural fish kills under
these conditions even if no work is performed. Every effort, to include the method and timing of
application, the choice of products and equipment used, and the skill and training of the staff, is made to
avoid such problems. However, the customer understands and accepts that there is always a slight risk of
the occurrence of adverse conditions outside the control of SOLitude that will result in the death of some
fish and other aquatic life. The customer also understands and accepts that similar risks would remain
even if no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or
other aquatic life which occur as described above, or are otherwise outside the direct control of the
SOLitude, unless there is willful negligence on the part of SOLitude.
While SOLitude Lake Management LLC makes every effort to thoroughly inspect the site before providing
this contract proposal or beginning any work, it is possible, without fault or negligence, that unforeseen
circumstances may arise, or that hidden conditions on the site might be found in the course of the
performance of the contract work, which would result in additional time or material costs that exceed this
contract pricing. Should this occur, the customer will be notified of these unforeseen circumstances or
conditions and be responsible for the costs associated with remedying. By signing this agreement, the
customer acknowledges that they have informed SOLitude Lake Management@ of all known and
relevant current site conditions that would be reasonable to expect could affect our ability to successfully
complete the contract work.
5. INSURANCE AND LIMITATION OF LIABILITY. Solitude will maintain general liability and property
damage insurance as necessary given the scope and nature of the Services. The Company will be
responsible for those damages, claims, causes of action, injuries or legal costs to the extent of its own
direct negligence or misconduct, and then only to an amount not to exceed the annual value of this
Agreement. In no event will any party to this Agreement be liable to the other for incidental,
consequential or purely economic damages.
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of S(Litude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM
Services Contract
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6. FORCE MAJEURE. The Company shall not be liable for any delay in performing the Services, nor
liable for any failure to provide the Services, due to any cause beyond its reasonable control.
7. ANTI -CORRUPTION AND BRIBERY Each party represents that neither it nor anyone acting on its
behalf has offered, given, requested or accepted any undue financial or other advantage of any kind in
entering into this Agreement, and that it will comply with all applicable laws and regulations pertaining to
corruption, competition and bribery in carrying out the terms and conditions of this Agreement.
8. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws
of the state in which the Services are performed.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter and replaces any prior agreements or understandings, whether in writing or
otherwise. This Agreement may not be modified or amended except by written agreement executed by
both parties. In the event that any provision of this Agreement is determined to be void, invalid, or
unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be
affected.
10. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail,
certified mail, hand delivery or electronic mail with delivery confirmation, to the individuals and addresses
listed below.
11. BINDING. This Agreement shall inure to the benefit of and be binding upon the legal
representatives and successors of the parties.
12. FUEVTRANSPORTATION SURCHARGE Like many other companies that are impacted by the price of
gasoline, a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the
right to add a fuel surcharge to Customer's invoice for any increase in the cost of fuel as measured above
the same time period in the prior year (by the National U.S. Average Motor Gasoline -Regular Fuel Price per
Gallon Index reported by the U.S. Department of Energy). The surcharge may be adjusted monthly (up or
down) with the price of gasoline.
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) I SOLITUDELAKFMANArFMFNTr.rnnn
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ACCEPTED AND APPROVED:
SOLITUDE LAKE MANAGEMENT, LLC.
Signature:
Printed Name:
Title:
Date:
Please Remit All Payments to:
1320 Brookwood Drive Suite H
Little Rock AR 72202
Please Mail A►1 Contracts to:
2844 Crusader Circle, Suite 450
Virginia Beach, VA 23453
City of Okeechobee
Signature:
Printed Name:
Title:
Date:
Customer's Address for Notice Purposes:
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM
Services Contract
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SCHEDULE A - ONE TIME CANAL OVERHANGING TREE BRANCHES CLEANUP SERVICES
Company agrees to perform the onetime canal cleanup management service as outlined at the
area on the included map below. Boat ramp access to site: 600 4th Street, Okeechobee, FL
Overhanging Tree branches will be cut back at an average height of ten (10) feet but more where
attainable.
Customer is responsible for removal of all debris. Debris will be removed and stacked at the North
end of the map next to the power station and at the southern end of the vacant lot.
Permitting (when applicable):
1. SOLitude staff will be responsible for the following:
a. Obtaining any Federal, state, or local permits required to perform any work
specified in this contract where applicable.
b. Attending any public hearings or meetings with regulators as required in support
of the permitting process.
c. Filing of any notices or year-end reports with the appropriate agency as required
by any related permit.
d. Notifying the Customer of any restrictions or special conditions put on the site with
respect to any permit received, where applicable.
Customer Responsibilities:
1. Customer will be responsible for the following:
a. Providing information required for the permit application process upon request.
b. Providing Certified Abutters List for abutter notification where required.
c. Perform any public filings or recordings with any agency or commission
associated with the permitting process, if required.
d. Compliance with any Order of Conditions or other special requirements or
conditions required by the local municipality.
e. Compliance and enforcement of temporary water -use restrictions where
applicable.
General Qualifications:
1. Company is a licensed pesticide applicator in the state in which service is to be
provided.
2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health,
Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is
to be provided.
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of S01-itude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM
Services Contract -
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3. Company is a SePRO Preferred Applicator and dedicated Steward of Water. Each
individual applicator has been trained and educated in the water quality testing and
analysis required for prescriptive site -specific water quality management and utilizes an
integrated approach that encompasses all aspects of ecologically balanced
management. Each applicator has received extensive training in the proper selection,
use, and application of all aquatic herbicides, algaecides, adjuvants, and water
quality enhancement products necessary to properly treat our Customers' lakes and
ponds as part of an overall integrated pest management program.
4. Company guarantees that all products used for treatment are EPA registered and
labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and
are being applied in a manner consistent with their labeling.
5. All pesticide applications made directly to the water or along the shoreline for the
control of algae, aquatic weeds, or other aquatic pests as specified in this contract will
meet or exceed all of the Company's legal regulatory requirements as set forth by the
EPA and related state agencies for NPDES and FIFRA. Company will perform
treatments that are consistent with NPDES compliance standards as applicable in and
determined by the specific state in which treatments are made. All staff will be fully
trained to perform all applications in compliance with all federal, state, and local law.
6. Company will furnish the personnel, vehicles, boats, equipment, materials, and other
items required to provide the foregoing at its expense.
Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SbLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM
Services Contract
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Competitively Sensitive & Proprietary Materials —The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
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ADDENDUM TO THE
SOLITUDE LAKE MANAGEMENT SERVICES CONTRACT
OF JANUARY 19, 2022
AND THE CITY OF OKEECHOBEE
Public records. CONTRACTOR is a "Contractor" as defined by Section
119.0701(1)(a), Florida Statutes, and must comply with the public records
provisions of Chapter 119, Florida Statutes, including the following:
a. Keep and maintain public records required by the CITY to perform the
service.
b. Upon request from the CITY's records custodian, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
or as otherwise provided by law.
C. Upon completion of this Agreement, transfer, at no cost, to the CITY all public
records in possession of CONTRACTOR or keep and maintain public
records required by the CITY to perform the service. If CONTRACTOR
transfers all public records to the CITY upon completion of this Agreement,
CONTRACTOR must destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of this
Agreement, CONTRACTOR must meet all applicable requirements for
retaining public records. All records stored electronically must be provided to
the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the
CITY.
"Public records" is defined in Section 119.011(12), Florida Statutes, as
may be, from time to time, amended.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, LANE GAMIOTEA, CITY CLERK, 863-763-
3372; EMAIL: Igamiotea(a_cityofokeechobee.com; MAILING
ADDRESS: City of Okeechobee, 55 SE V Avenue, Room 100,
Okeechobee, FL 34974.
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