Pest company files lawsuit against city

A company that conducted the city of Clewiston’s aerial and ground mosquito control is suing the city and former city manager Steve McKown for damages exceeding $15,000.

Fleming Pest Management Inc., which provided services to the city from late 2010 to 2013, alleges the contract presented by the city was not the same as the bid Fleming submitted and that was approved by the Clewiston City Commission, according to a complaint filed by Fleming Pest Control on Sept. 17.

According to the complaint, Fleming submitted a bid with two separate prices for mosquito control services on Sept. 30, 2010. The first was a list of prices for a la carte services for the city to pick and choose and the second an all-inclusive set price of $184,690.

According to the complaint, the commission voted to approve the all-inclusive price and Fleming began services immediately.

Fleming alleges the city did not provide a contract for the company to sign for over a month, and when it did, the contract listed the a la carte option with lesser amounts than Fleming’s bid.

The complaint also alleges that when Fleming protested the terms of the contract, then-city manager McKown said he would put the contract back out to bid and ensure Fleming did not win the bid.

Fleming said it never received the amounts approved by the city commission but continued to provide services in 2011 and 2012.

Fleming also alleges it never received a contract for fiscal year 2011-12, but did receive a contract and was paid in full for its services during fiscal year 2012-13, according to the complaint.

Fleming Pest Management is being represented by Jeffery A. Fadley, Esq. It is unclear at this time who will represent the city of Clewiston and former manager McKown.

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