RSC028504_CONTRACT.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

OPTIONAL USE CONTRACT FOR: PEST MANAGEMENT SERVICES RELATED PRODUCTS

CONTRACT No.: RSC028504

CONTRACT ID:28504

EFFECTIVE DATES: 6/19/2025 to 3/5/2029

SUPPLIER: ORKIN, LLC

The State of Ohio Department of Administrative Services (DAS) has agreed to participate in a consortium contract. Sourcewell is the lead entity for the contract Pest Control Services with Related Products and their Master Price Agreement number is 012825-ORK “Price Agreement. This contract is administered by The State of Ohio, on behalf of Sourcewell. The state of Ohio has accepted prices as a result of Bid Number RFP #012825, which opened on 01/28/25. Sourcewell completed the evaluation of the proposal response(s).The respective Proposal, including the incorporated contract terms and conditions, standard contract terms and conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS, and the State of Ohio, Standard Terms and Conditions become a part of this Optional Use Contract.

The Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Contract is available to all state agencies, institutions of higher education, political subdivisions and other entities authorized to use statewide contracts in the State of Ohio, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase any volume of supplies and/or services.

SPECIAL NOTE: State agencies may make purchases under this Optional Use Contract up to $5000.00 using the state of Ohio payment card. Any purchase that exceeds $5000.00 will be made using the official state of Ohio purchase order (ADM-0523).

This Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/ctr/contract_browse_public

IN WITNESS WHEREOF, the parties have executed this Contract as of the dates below;

For ORKIN, LLC :

Signed: _____________________________________________________________________

(Deborah Toth) , (Government Business Development Manager)

For the OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES:

Signed: _____________________________________________________________________

Kathleen C. Madden, Director

1 - STATE OF OHIO PARTICIPATING ADDENDUM

STATE OF OHIO

PARTICIPATING ADDENDUM

FOR PEST CONTROL SERVICES WITH RELATED PRODUCTS

AS ISSUED BY SOURCEWELL CAN BE FOUND BY CLICKING THE LINK BELOW

Sourcewell Master Agreement

2 - MASTER AGREEMENT

Master Agreement #: 012825-ORK

Consortium: Sourcewell

Contractor: ORKIN, LLC

Participating Entity: State of Ohio

The following products or services are included in this contract portfolio:

All products and services listed on the Contractor page of the Consortium website

3 - PARTICIPATING ADDENDUM TERMS AND CONDITIONS

3.1 - SCOPE

This addendum covers the PEST CONTROL SERVICES WITH RELATED PRODUCTS led by SOURCEWELL for use by state agencies and other entities located in the Participating State [or State Entity] authorized by that State’s statutes to utilize State contracts with the prior approval of the State’s Chief Procurement Official.

3.2 - PARTICIPATION

This Master Agreement may be used by all state agencies, institutions of higher education, political subdivisions and other entities authorized to use statewide contracts in the State of Ohio. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official.

3.3 - PARTICIPATING ENTITY MODIFICATIONS OR ADDITIONS TO THE MASTER AGREEMENT

The following modifications or additions apply only to actions and relationships within the Participating Entity. The following changes are modifying or supplementing the Master Agreement terms and conditions.

3.3.1 - ORDER OF PRECEDENCE

1. Ohio's Participating Addendum; Ohio's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contractor under the Terms of the Lead State's Master Agreement.

2. Lead State's Master Agreement (includes negotiated Terms and Conditions and applicable exhibits to the Master Agreement)

3. Contractor's response to the Lead State's solicitations;

4. The Lead State's Solicitation including all Addendums.

https://www.sourcewell-mn.gov/cooperative-purchasing/012825-ork

4 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/31/25) govern this Contract and are incorporated as if fully rewritten herein.

4.1.1 - AMENDMENT TO THE CONTRACT TERMS AND CONDITIONS

The following amendments to the Standard Terms and Conditions hereby become a part of the Contract and take precedence over any conflict with the Standard Terms and Conditions.

4.1.1.1 - CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract each calendar quarter (i.e., January-March, April-June, July-September, and October-December). The dollar value of the sales reported must equal the price paid by all Cooperative Purchasing Members for purchases under this Contract during the reporting period. The sales to State agencies under this Contract are automatically reported in OhioBuys.

The Contractor must submit the quarterly sales reports to the State via OhioBuys. If no sales occur, the Contractor must still submit the quarterly sales report and show zero sales for the quarter on the report.

The reports must be submitted no later than 30 days after the completion of the reporting period.

The Contractor must also submit a closeout report within 120 days after the expiration of this Contract.

For purposes of this provision, the Contract expires on the physical completion of the last outstanding task or order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all Contract sales and reconciled all errors and credits on the final quarterly sales report, then the closeout report should show zero sales.

If the Contractor fails to submit any sales report in a timely manner or falsifies any sales report, the State may terminate this Contract for cause.

4.1.1.2 - CUSTOMER COOPERATION

The State shall extend all reasonably necessary cooperation to achieve satisfaction from pest services, including availability of premises, appropriate sanitation, and corrective construction measures.

4.1.1.3 - SUBCONTRACTING

Contractor’s independently-owned Orkin franchises shall be considered approved subcontractors for the limited purpose of this Section.

4.1.1.4 - PEST DAMAGE

The State expressly releases Contractor from liability for any claim for bodily injury (including stings or bites from any pests) or property damage (to include the structure or its contents) caused by any pests, unless caused by the gross negligence or willful misconduct of Contractor.

4.1.1.5 - INDEMNITY

Contractor’s indemnity obligations herein shall not apply to damage or claims arising from, or caused by, an infestation of termites or bed bugs.

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf