City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
CITYWIDE MASTER AGREEMENT
CONTRACT NUMBER MA# 106-498528
BETWEEN
CITY OF ANAHEIM
AND
VACATE TERMITE & PEST ELIMINATION COMPANY, INC.
FOR
PEST MANAGEMENT AND CONTROL SERVICES
This Agreement MA#106-498528 for Pest Management and Control Services, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter City of Anaheim, (hereinafter referred to as “City”), with a place of business at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805 and Vacate Termite and Pest Elimination Company, Inc., (hereinafter referred to as “Contractor”), with a place of business at 24281 Postal Ave, Ste 223., Moreno Valley, CA 92553, with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Pricing, Payment, and Compensation
Attachment C – Regional Cooperative Agreement (RCA) Contract Number RCA-017-25010023 between County of Orange and Vacate Termite and Pest Elimination Company, Inc. for Pest Management and Control Services
RECITALS
WHEREAS, the City has identified a Cooperative Contract issued by the County of Orange, a political subdivision of the State of California, as a result of a competitive solicitation for Pest Management and Control Services; and
WHEREAS, RCA-017-25010023 includes a Cooperative Contract clause that extends the provisions, scope of work, and pricing of the agreement to any Municipal, County, Public Utility, Hospitals, Educational Institution, or any other non-profit or governmental organization; and, WHEREAS, the City desires to leverage the Cooperative Contract provisions of RCA-017- 25010023 and enter into this Contract with Contractor for Pest Management and Control Services as further set forth into this Contract including its Attachments; and, WHEREAS, the Contractor agrees to provide Pest Management and Control Services based on the Scope of Work and Pricing, Payment, attached hereto and incorporated herein as Attachment A and Attachment B effective June 10, 2025, with an option to renew for four (4) additional one (1) year terms.
NOW, THEREFORE, the Parties mutually agree as follows:
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
ARTICLES
I. General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.
B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.
E. Delivery: Timely delivery of the Pest Management and Control Services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have been received and accepted in writing by City.
F. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “Z” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act.
Such remedies shall be in addition to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other commodities/services furnished by Contractor under this Contract.
Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
O. Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents). Checks or letters of credit will not be accepted in lieu of bonding.
Without limiting the City’s right to indemnification, it is agreed that Contractor shall secure, prior to commencing, any activities under this Contract, and maintain, during the term of this Contract.
When work will be performed on City property, the City’s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, as well as Independent Contractor’s Liability where appropriate, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to the City, in writing, at the inception of this Contract.
Comprehensive Automobile Liability Coverage, including—as applicable—owned, non- owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000. A Waiver of subrogation is required for Workers’ Compensation coverage.
It is agreed that any insurance maintained by Contractor pursuant to this Contract shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Anaheim
Coverage Minimum Limits
Commercial General Liability $2,000,000 occurrence
$4,000,000 aggregate
Automobile Liability including
coverage for owned, non-owned and
hired vehicles
$2,000,000 combine single limit per
occurrence
Workers’ Compensation Statutory
Employers’ Liability Insurance $1,000,000 per occurrence Contractor agrees that this insurance shall not be voluntarily cancelled by Contractor or limited in scope or coverage by Contractor until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non-payment of premium, which requires notice of not less than ten (10) days.
The City of Anaheim, its officers, agents, employees, representatives and City- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
Insurance certificates should state:
City of Anaheim
Attn: Purchasing Division
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Insurance certificates should be emailed to [email protected] Prior to commencing any work under this Contract, Contractor shall deliver to the City insurance certificates confirming the existence of the insurance required under this Contract, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Contract, Contractor shall provide the City (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to the City evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to the City, with prior written permission from the City. In the event that a claim or other legal action is filed against the City, and if the City, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then the City has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the Parties agree that Contractor shall fully defend, hold harmless, and indemnify the City against any such claim or other legal action.
In addition to other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option:
1. Order Contractor to stop work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof;
2. Terminate this Contract.
3. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have and is not the exclusive remedy for Contractor’s failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed in any way as limiting the extent that a Contractor may be held responsible for payments of damages to persons or property resulting from Contractor’s, (or Contractor’s Agent or Sub-Agent, if any) performance of the work covered under this Contract.
In the event Contractor hires other persons or firms to perform some of the work related to this Agreement, Contractor shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of Contractor under this Contract (except for firms that are not performing professional services—such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, Contractor shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to the City.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
P. Changes: Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with City Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
U. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Z. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.
AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Contract without penalty.
CC. Expenditure Limit: Contractor shall notify City of Anaheim in writing when the expenditure against Contract reaches 75 percent of the dollar limit on Contract. City will not be responsible for any expenditure overruns and will not pay for wok exceeding the dollar limit on Contract unless a change order to cover the costs has been issued.
DD. California Public Records Act: Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies contractual terms and conditions by which City will procure Pest Management and Control Services from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract: This Contract shall commence on 6/10/2025, with an option to renew for four (4) additional one (1) year terms, unless otherwise terminated by City.
3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “Z” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
5. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
6. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.
7. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
8. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to Article K herein; and b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
d. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.
9. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
10. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
11. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.
12. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.
13. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
14. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
15. Data – Title To: All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
16. Debarment: Contractor shall certify that neither Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where Contractor, as the recipient of federal funds, is unable to certify to any of the statements in the certification, Contractor must include an explanation. Department pending debarment, declared ineligibility or voluntary exclusion from participation by any Federal department or agency may result in being deemed non-responsible.
17. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
18. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 25 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
a. The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.
19. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
20. Emergency/Declared Disaster Requirements: In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions.
The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
21. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City.
Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.
22. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
23. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
24. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
25. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate Party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Vacate Termite & Pest Elimination Company, Inc.
Attn: Joshua Goins
24281 Postal Ave, Ste 223
Moreno Valley, CA 92553
Telephone: (951) 488-5263
Email: [email protected]
Project Manager: Community Services/Park Division
Attn: JJ Jimenez, Parks Manager
200 S. Anaheim Blvd. Suite 433
Anaheim, CA 92805
Telephone: (714) 765-5155
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Maira Quezada, Buyer II
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-5218
Email: [email protected]
With a Copy to: City Clerk
City of Anaheim
200 S. Anaheim Blvd. 2nd Floor
Anaheim, CA 92805
26. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
27. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
28. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
29. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
30. Safety Data Sheets (SDS): The Contractor is required to provide a completed Safety Data Sheet (SDS) for each hazardous substance provided to the City under the Contractor’s Contract with the City. This includes hazardous substances that are not directly included in the Contract, but are included in the goods or services provided by the Contractor to the City. The provision of the SDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The SDSs for each substance must be sent to the place of shipment or provision of goods/service.
MSDS (Material Safety Data Sheets): Contractor shall provide a completed Material Safety Data Sheet (MSDS) for hazardous substances as required by labor code sections 6382 and 6390, general industrial safety order, section 5194 and title 8, California administrative code for each item specified. The MSDS contains data regarding the properties of a particular substance that provides procedures for handling or working with the listed substances in a safe manner. This list also provides physical data (melting point, boiling point, flash point, etc.) toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment and spill handling procedures.
31. Sub-Contracting: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall substitute a breach of Contract.
In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate be reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the City of Anaheim.
32. Usage: No guarantee is given by the City to Contractor regarding usage of this Contract. Contractor agrees to supply services and/or commodities requested, as needed by the City of Anaheim, at rates/ prices listed in Contract, regardless of quantity requested.
Signature Page follows
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures.
DATE OF EXECUTION:
________________________
CITY OF ANAHEIM
a municipal corporation
By: _________________________________
KARI BOUFFARD, CITY PURCHASING AGENT
DATE OF EXECUTION:
_________________________
VACATE TERMITE & PEST ELIMINATION
COMPANY, INC.*
By: _________________________________
Title: ________________________________
Printed Name: _________________________
DATE OF EXECUTION:
_________________________
VACATE TERMITE & PEST ELIMINATION
COMPANY, INC.*
By: _________________________________
Title: ________________________________
Printed Name: _________________________
ATTEST:
By: _________________________
THERESA BASS, CITY CLERK
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: _________________________________
Title: ________________________________
Printed Name: _________________________
Date: ________________________________
*If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above- described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
ATTACHMENT A
SCOPE OF WORK
I. GENERAL INFORMATION
The City of Anaheim is comprised of 13 departments and over 3,200 employees throughout the City.
The City’s core businesses are public safety, public utilities, public works, housing and community development, community services, and economic development.
The Contractor shall provide Pest Management and Control Services to various City facilities and locations on an as-needed basis and usage is not guaranteed. Facility locations may be added, modified, or deleted as needed. City departments may have different hours of operation, but not all non-urgent services shall be requested within regular business hours.
II. DEFINITIONS
A. City Site Coordinator: The designated project lead from the City department will be responsible for the department pest control project. The Contractor must receive the contact details of the assigned City Site Coordinator before starting any work.
B. Hourly Rate: The fee charged per staff member for each hour of service. Time spent working beyond the first hour will be rounded to the nearest ¼ hour.
C. Inspection Process: Contractors are required to provide a thorough facility inspection at no cost. The findings must be reported to the requesting department, and the Contractor must retain a copy. The goal of the inspection is to identify problem areas and factors contributing to pest infestations, such as structural issues or management practices.
D. Licensed Operator: An individual licensed by the Structural Pest Control Board to perform pest control services.
E. License Types: The Structural Pest Control Board offers three (3) license types:
1. Applicator: Licensed to apply pesticides or chemicals for pest management.
2. Field Representative: Licensed to identify infestations, conduct inspections, apply treatments, and perform other pest control duties.
3. Operator: Licensed to secure pest control work, inspect for infestations, submit bids, and contract on behalf of a registered company.
III. CONTRACTOR REQUIREMENTS
A. Pest Management and Control Services
Pest control involves using EPA registered pesticides, or approved devices to suppress pest populations. This includes the inspection of facilities to identify infestations, preparing inspection reports, and providing recommendations and cost estimates. Pest management includes the application of treatment measures for various pests at City locations.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
1. Pests – Insects: Treatment for insects such as ants, cockroaches, spiders, flies, and other common pests.
2. Host-Dependent Insects: Measures for fleas, ticks, bed bugs, and mites.
3. Nuisance Birds: Removal of pest birds to minimize health hazards and structural damage.
4. Stinging Insects: Eradication of bees, wasps, hornets, and yellow jackets, as well as preventative measures.
5. Rodents: Suppression of rat, mouse, gopher, squirrel, and mole populations.
6. Urban Wildlife: Removal of wildlife, such as bats, raccoons, coyotes, skunks, and other nuisance animals.
7. Termites: Treatment for termite infestations, including minor structural repairs when necessary.
B. Disciplines of Pest Control Services:
1. Discipline 1 – Insects:
a) Removal of common insects such as ants, cockroaches, spiders, crickets, flies, and millipedes.
b) Stinging insect removal, including bees, wasps, hornets, and yellow jackets, with identification of entry points to prevent re-infestation. c) Host-dependent insect control, including fleas, ticks, bed bugs, and mites.
2. Discipline 2 – Rodents:
a) Control and removal of rats, mice, gophers, squirrels, moles, and other authorized mammalian pests. Installation of bait stations and comprehensive inspection of facilities.
b) Alternative control measures available for agricultural rodent control with Carbon Dioxide (CO2) and/or high-pressure Carbon Monoxide (CO) fumigation equipment.
E.g., IGI CO2 and PERC 412 CO equipment.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
3. Discipline 3 – Termites:
a) Treatment and removal of termites, including coordination for structural repairs as needed. Projects exceeding $50,000 will require formal solicitation through the City’s Public Works Department.
4. Discipline 4 – Birds/Wildlife:
a) Removal of nuisance birds and urban wildlife, including bats, raccoons, skunks, and coyotes. Projects are quoted based on the scope of work provided by City departments.
C. Projects:
1. Standard Projects: Routine maintenance and preventative treatments, inclusive of labor, materials, tools, equipment, and supervision.
2. Specialty Projects: Custom services for specific pest issues. Contractors must provide a written estimate covering all relevant costs, and work cannot commence without approval from the City Site Coordinator.
a) Specialty project examples include but are not limited to: permanent rodent exclusion modifications to structures, permanent rodent burrow backfilling with grout, raptor perch installations, concealed rodent kill trap fabrication with automatic reset traps, etc.
b) Contractor may subcontract for specialty projects with written approval from City Site Coordinator.
IV. Contractor Responsibilities:
The Contractor must comply with the following responsibilities to ensure high-quality service delivery and adherence to the contract terms:
A. Licenses and Permits: The Contractor must possess all required federal, state, and local permits and licenses, including a Pest Control Business License from the Department of Pesticide Regulations (DPR) and the Structural Pest Control Board (SPCB). All permits and licenses must be valid for the duration of the contract.
B. Regulatory Compliance: The Contractor must perform all work according to generally accepted industry standards and practices. All services must conform to federal, state, and local safety regulations, including Occupational Safety and Health Administration (OSHA) standards.
C. Materials and Equipment: The Contractor must provide all necessary labor, tools, materials, warning signs, and equipment to perform pest control services. Pesticides and insecticides must be used in compliance with current federal, state, and local regulations. The Contractor must maintain a fleet of vehicles and equipment adequate for City projects, and all vehicles must meet federal, state, and local Department of Transportation (DOT) regulations.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
D. Personnel and Uniforms: The Contractor’s staff must consist of trained, licensed personnel who wear distinctive uniforms and identification badges while performing work at City facilities. The Contractor must have sufficient staffing to perform and complete services according to all laws and the contract’s scope of services.
E. Site Cleanliness: The Contractor must keep job sites free of excess debris, materials, and tools at all times. When working in open areas, the Contractor is responsible for cleaning and maintaining areas near gutters, storm drains, and parking lots.
F. Structural Modifications: The Contractor must not make any structural modifications to Ciy buildings or facilities without prior written authorization. Any accidental damage caused by the Contractor must be repaired at no cost to the City.
G. Vacant Building Projects: For projects involving vacant buildings, the Contractor must provide 72 hours’ written notice before beginning work. All work must be completed on the same day unless otherwise authorized by the Ciy Site Coordinator.
H. Rodent Control: The Contractor must implement rodent control measures, including repelling, trapping, and poisoning. Rodent carcasses must be removed and disposed of off- site. The Contractor must install bait stations as necessary and provide a report detailing the location, date of installation, and inspection/removal activities.
I. Security Compliance: The Contractor’s personnel must comply with all security protocols when working in secure City. The Contractor must submit security clearance forms for all employees who will work in secure facilities.
J. City Parks Department Only:
1. Contractor shall report all monthly pesticide applications performed in OC Park Facilities into OC Parks Pesticide Tracking Application.
2. Contractor shall report all monthly pesticide applications performed in OC Park Facilities into OC Parks Pesticide Tracking Application. See Attachment D
3. Contractor shall notify OC Parks Site Supervisor and OC Parks IPM Coordinator a minimum of 48 hours in advance via email of all pesticide applications utilizing the Pesticide Application Sign form. Pesticide Application Signs shall also be posted at the treatment site(s) on the day of treatment and removed when the Restricted Entry Interval has passed.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
K. Use of Chemicals
1. Contractor shall submit a list of all chemical rodenticides proposed for use under this Agreement for approval by the Director. Materials included on this list shall be limited to chemicals approved by the State of California Department of Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendation of a licensed pest control advisor.
2. The uses of chemicals shall conform to the current Orange County Department of Agriculture’s Regulations. No chemical rodenticides shall be applied until its use is approved by the Director as appropriate for the purpose and area proposed.
3. Contractor shall furnish only competent and fully trained category "B" agricultural pest control applicators for all work where chemicals are used. Ccntractor shall, according to State Agricultural guidelines, have on file at all times, documentation showing the employees handling pesticides to have been fully trained in their specific applications.
4. All chemicals shall be used in strict accordance and applied within the standards set forth in the E.P.A. regulations and the California Food and Agriculture code.
5. Contractor is responsible for obtaining all required permits, documenting usage and filing all required reports with the County of Orange
6. Contractor will not be allowed to store equipment or materials within any City facilities.
V. Performance Expectations:
A. Quotes and Service Schedules: The Contractor must provide detailed quotes and schedules before commencing work. Any changes to the scope of work must be approved by the City Site Coordinator.
B. Service Tickets: A signed service ticket must be obtained for completed projects. In cases where no staff is available, the Contractor should leave the service ticket with the City Site Coordinator for verification.
C. Warranty: Pest control services are guaranteed for 30 days. If treatments are ineffective, the Contractor must provide additional services at no extra cost.
VI. Security Requirements:
A. City operates several secured facilities and Contractors and their employees who perform services in these facilities will be required to strict operation policies and may be required to pass a background check prior to their employment due to security requirements for certain facilities covered under this Contract. During performance of the work, especially at detention facilities, workers shall closely monitor all tools, equipment and other materials at all times.
Workers shall have no contact verbal or physical, with any inmate of these facilities. These policies have been designed with the primary purpose of ensuring a safe and secure environment for all involved.
B. Contractor will provide a list of all personnel/employees who will be directly performing tasks associated with the Contract. Contractor’s personnel/employees providing service in a secured City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
detention facility, may be expected to pass a background checks performed by the Anaheim Police Department. No changes shall be authorized to the approved list without a request in writing submitted by the Contractor and approved by the City Site Coordinator. At no time will unauthorized Contractor employees perform any task associated with this Contract. If this occurs, the Contractor will be notified that they have not complied with the terms of this Contract and are subject to Contract termination. The list of all Personnel/Employees working on City projects shall be submitted prior to award of this Contract.
C. Contractor shall prepare and submit a Security Clearance form to the City Site Coordinator for all persons who will be working on or who will need access to secured facilities.
D. Security Clearance forms shall be submitted at least five (5) working days prior to the start of work or prior to the use of any person subsequent to the start of work.
E. Said Security Clearance forms shall be thoroughly and accurately complete. Omissions or false statements, regardless of the nature or magnitude, may be grounds for denying clearance.
F. The City is not under any obligation to give a reason clearance is denied.
G. Contractor shall be responsible to sign in with the City Site Coordinator or designee, as required. Contractor personnel shall have no contact, either verbal or physical, with internees in secured detention facilities.
H. Specifically:
1. Do not give names or addresses to internees.
2. Do not receive any names or addresses from internees.
3. Do not disclose the identity of any internee to anyone outside the facility.
4. Do not give any materials to internees.
5. Do not receive any materials from internees (including materials to be passed to another individual or internee).
*Failure to comply with these requirements is a criminal act and can result in prosecution.
I. Any Contractor personnel/employee(s) engaged in the performance of work under this Contract shall be expected to pass the screening requirements and abide by all of the security requirements set forth by the City of Anaheim.
J. All vehicles parked on-site shall be locked and thoroughly secured at all times.
K. All equipment and materials shall remain in Contractor possession at all times and shall never be left unattended. All lost or misplaced equipment or materials shall be reported immediately to the City staff in secured detention facilities.
L. Personnel shall not smoke or use profanity or other inappropriate language while on-site.
M. Personnel shall not enter the facility while under the influence of alcohol, drugs or other intoxicants and shall not have such materials in their possession.
N. Personnel shall plan their activities to minimize the number of times they must enter and exit a facility, i.e., transport all equipment and materials needed for the day at the start of work and restrict all breaks to the absolute minimum.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
O. Contractor employee(s) shall be well-disposed to the public and City staff utilizing the facilities but shall be responsive only to the requests of the City Site Coordinator unless otherwise directed and shall direct all inquiries or requests to the City Site Coordinator.
VII. Miscellaneous Clause:
A. Contractor shall provide a quote for items not listed under Attachment A and shall not exceed $25,000 per invoice.
B. Miscellaneous items not listed in the Contract, may be purchased off this Contract. Contractor will provide requesting department with quote and process order once the City department has authorized the order in writing.
C. Prices shall include all costs, but not limited to, overhead, all necessary labor, transportation, freight, delivery and/or shipping/handling fees, fuel/fuel surcharges, mileage, storage, self- imposed fees and any other costs necessary to provide the item/s requested.
D. In addition to the commodity requirements and all other terms and conditions provided herein, Contractor shall satisfy the following billing/invoicing procedures for miscellaneous items not named specifically on this attachment. Failure to follow these procedures fully may delay payment of miscellaneous items.
E. An authorized City Department staff member will contact the Contractor to obtain a written quote for any items needed that are not listed above or are of a different quantity than specified.
F. An authorized City Department staff must obtain a quote for items on the Contract if purchased in different quantities than listed on the Contract.
G. Contractor to include all charges in the quote including but not limited to; initial set-up fees and/or color matching fees, rush charges (if applicable) and shipping charges.
H. If the authorized City Department staff member finds the quote satisfactory, the authorized staff member will sign the quote and email or fax it back to the vendor authorizing the purchase. The Contractor under no circumstance shall release or deliver any miscellaneous items without a written quote signed by an authorized City Department staff member, in their possession.
I. Contractor must attach with the invoice a copy of the matching quote with the authorized City Department staff member signature.
J. The agency/department shall certify on the invoice that the prices are per the signed quote.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
ATTACHMENT B
PRICING, PAYMENT AND COMPENSATION
1. Compensation: This is a usage Contract between City and Contractor for Pest Management and Control Services as set forth in Attachment A, “Scope of Work”.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for equipment, supplies, and accessories provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.
2. Pricing List: Fees quoted below shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. Annual Not to Exceed for Combined Departments: $350,000; Cumulative Not to Exceed Amount: $1,750,000
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
,
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
3. Price Increase/Decreases: No price increases will be considered during the first year of the Contract. City requires documented proof of cost increases on Contract prior to any price adjustment. A minimum of 30-days advance notice in writing is required for consideration of such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extend to the City. City may enforce, negotiate or cancel escalating price Contracts or take other action it deems appropriate. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing Contractor’s profit will not be allowed.
4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to City during the term of this Contract not otherwise specified and provided for within this Contract.
5. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to City of Anaheim and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse City of Anaheim for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.
Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
6. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.
7. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from 1 above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery/service address
f. Contract # MA 106-498528
g. Agency/Department’s Account Number
h. Date of order
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
l. Total
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
ATTACHMENT C
REGIONAL COOPERATIVE AGREEMENT RCA-017-25010023
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528
City of Anaheim
Citywide Master Agreement
Pest Management and Control Services
Vacate Termite & Pest Elimination Company, Inc.
MA# 106-498528