RIVERSIDE MISSION WATER CONTROL DISTRICT,
OR
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RIVERSIDE R.F.P.D. #7-406, OR
RIVERSIDE WATER DISTRICT, OR
ROBERTS CREEK WATER DISTRICT, OR
ROCK CREEK DISTRICT IMPROVEMENT, OR
ROCK CREEK WATER DISTRICT, OR
ROCKWOOD WATER P.U.D., OR
ROCKY POINT FIRE & EMS, OR
ROGUE RIVER R.F.P.D., OR
ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR
ROGUE VALLEY SEWER SERVICES, OR
ROGUE VALLEY SEWER, OR
ROGUE VALLEY TRANSPORTATION DISTRICT, OR
ROSEBURG URBAN SANITARY AUTHORITY, OR
ROSEWOOD ESTATES ROAD DISTRICT, OR
ROW RIVER VALLEY WATER DISTRICT, OR
RURAL ROAD ASSESSMENT DISTRICT #3, OR
RURAL ROAD ASSESSMENT DISTRICT #4, OR
SAINT LANDRY PARISH TOURIST COMMISSION
SAINT MARY PARISH REC DISTRICT 2
SAINT MARY PARISH REC DISTRICT 3
SAINT TAMMANY FIRE DISTRICT 4, LA
SALEM AREA MASS TRANSIT DISTRICT, OR
SALEM MASS TRANSIT DISTRICT
SALEM SUBURBAN R.F.P.D., OR
SALISHAN SANITARY DISTRICT, OR
SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR
SALMON RIVER PARK WATER IMPROVEMENT
DISTRICT, OR
SALMONBERRY TRAIL INTERGOVERNMENTAL
AGENCY, OR
SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR
SANDY DRAINAGE IMPROVEMENT COMPANY, OR
SANDY R.F.P.D. #72, OR
SANTA CLARA R.F.P.D., OR
SANTA CLARA WATER DISTRICT, OR
SANTIAM WATER CONTROL DISTRICT, OR
SAUVIE ISLAND DRAINAGE IMPROVEMENT
COMPANY, OR
SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J,
OR
SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY,
OR
SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR
SCAPPOOSE R.F.P.D., OR
SCIO R.F.P.D., OR
SCOTTSBURG R.F.P.D., OR
SEAL ROCK R.F.P.D., OR
SEAL ROCK WATER DISTRICT, OR
SEWERAGE AND WATER BOARD OF NEW ORLEANS,
LA
SHANGRI-LA WATER DISTRICT, OR
SHASTA VIEW IRRIGATION DISTRICT, OR
SHELLEY ROAD CREST ACRES WATER DISTRICT,
OR
SHERIDAN FIRE DISTRICT, OR
SHERMAN COUNTY HEALTH DISTRICT, OR
SHERMAN COUNTY S.W.C.D., OR
SHORELINE SANITARY DISTRICT, OR
SILETZ KEYS SANITARY DISTRICT, OR
SILETZ R.F.P.D., OR
SILVER FALLS LIBRARY DISTRICT, OR
SILVER LAKE IRRIGATION DISTRICT, OR
SILVER LAKE R.F.P.D., OR
SILVER SANDS SPECIAL ROAD DISTRICT, OR
SILVERTON R.F.P.D. NO. 2, OR
SISTERS PARKS & RECREATION DISTRICT, OR
SISTERS-CAMP SHERMAN R.F.P.D., OR
SIUSLAW PUBLIC LIBRARY DISTRICT, OR
SIUSLAW S.W.C.D., OR
SIUSLAW VALLEY FIRE AND RESCUE, OR
SIXES R.F.P.D., OR
SKIPANON WATER CONTROL DISTRICT, OR
SKYLINE VIEW DISTRICT IMPROVEMENT
COMPANY, OR
SLEEPY HOLLOW WATER DISTRICT, OR
SMITH DITCH DISTRICT IMPROVEMENT COMPANY,
OR
SOUTH CLACKAMAS TRANSPORTATION DISTRICT,
OR
SOUTH COUNTY HEALTH DISTRICT, OR
SOUTH FORK WATER BOARD, OR
SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR
SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR
SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR
SOUTH LAFOURCHE LEVEE DISTRICT, LA
SOUTH LANE COUNTY FIRE & RESCUE, OR
SOUTH SANTIAM RIVER WATER CONTROL
DISTRICT, OR
SOUTH SHERMAN FIRE DISTRICT, OR
SOUTH SUBURBAN SANITARY DISTRICT, OR
SOUTH WASCO PARK & RECREATION DISTRICT, OR
SOUTHERN COOS HEALTH DISTRICT, OR
SOUTHERN CURRY CEMETERY MAINTENANCE
DISTRICT, OR
SOUTHVIEW IMPROVEMENT DISTRICT, OR
SOUTHWEST LINCOLN COUNTY WATER DISTRICT,
OR
SOUTHWESTERN POLK COUNTY R.F.P.D., OR
SOUTHWOOD PARK WATER DISTRICT, OR
SPECIAL ROAD DISTRICT #1, OR
SPECIAL ROAD DISTRICT #8, OR
SPRING RIVER SPECIAL ROAD DISTRICT, OR
SPRINGFIELD UTILITY BOARD, OR
ST. PAUL R.F.P.D., OR
STANFIELD CEMETERY DISTRICT #6, OR
STANFIELD IRRIGATION DISTRICT, OR
STARR CREEK ROAD DISTRICT, OR
STARWOOD SANITARY DISTRICT, OR
STAYTON FIRE DISTRICT, OR
SUBLIMITY FIRE DISTRICT, OR
SUBURBAN EAST SALEM WATER DISTRICT, OR
SUBURBAN LIGHTING DISTRICT, OR
SUCCOR CREEK DISTRICT IMPROVEMENT
COMPANY, OR
SUMMER LAKE IRRIGATION DISTRICT, OR
SUMMERVILLE CEMETERY MAINTENANCE
DISTRICT, OR
SUMNER R.F.P.D., OR
SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR
SUNDOWN SANITATION DISTRICT, OR
SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR
SUNNYSIDE IRRIGATION DISTRICT, OR
SUNRISE WATER AUTHORITY, OR
SUNRIVER SERVICE DISTRICT, OR
SUNSET EMPIRE PARK & RECREATION DISTRICT,
OR
SUNSET EMPIRE TRANSPORTATION DISTRICT, OR
SURFLAND ROAD DISTRICT, OR
SUTHERLIN VALLEY RECREATION DISTRICT, OR
SUTHERLIN WATER CONTROL DISTRICT, OR
SWALLEY IRRIGATION DISTRICT, OR
SWEET HOME CEMETERY MAINTENANCE DISTRICT,
OR
SWEET HOME FIRE & AMBULANCE DISTRICT, OR
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SWISSHOME-DEADWOOD R.F.P.D., OR
TABLE ROCK DISTRICT IMPROVEMENT COMPANY,
OR
TALENT IRRIGATION DISTRICT, OR
TANGENT R.F.P.D., OR
TENMILE R.F.P.D., OR
TERREBONNE DOMESTIC WATER DISTRICT, OR
THE DALLES IRRIGATION DISTRICT, OR
THOMAS CREEK-WESTSIDE R.F.P.D., OR
THREE RIVERS RANCH ROAD DISTRICT, OR
THREE SISTERS IRRIGATION DISTRICT, OR
TIGARD TUALATIN AQUATIC DISTRICT, OR
TIGARD WATER DISTRICT, OR
TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT,
OR
TILLAMOOK COUNTY EMERGENCY
COMMUNICATIONS DISTRICT, OR
TILLAMOOK COUNTY S.W.C.D., OR
TILLAMOOK COUNTY TRANSPORTATION DISTRICT,
OR
TILLAMOOK FIRE DISTRICT, OR
TILLAMOOK P.U.D., OR
TILLER R.F.P.D., OR
TOBIN DITCH DISTRICT IMPROVEMENT COMPANY,
OR
TOLEDO R.F.P.D., OR
TONE WATER DISTRICT, OR
TOOLEY WATER DISTRICT, OR
TRASK DRAINAGE DISTRICT, OR
TRI CITY R.F.P.D. #4, OR
TRI-CITY WATER & SANITARY AUTHORITY, OR
TRI-COUNTY METROPOLITAN TRANSPORTATION
DISTRICT OF OREGON
TRIMET, OR
TUALATIN HILLS PARK & RECREATION DISTRICT
TUALATIN HILLS PARK & RECREATION DISTRICT,
OR
TUALATIN S.W.C.D., OR
TUALATIN VALLEY FIRE & RESCUE
TUALATIN VALLEY FIRE & RESCUE, OR
TUALATIN VALLEY IRRIGATION DISTRICT, OR
TUALATIN VALLEY WATER DISTRICT
TUALATIN VALLEY WATER DISTRICT, OR
TUMALO IRRIGATION DISTRICT, OR
TURNER FIRE DISTRICT, OR
TWIN ROCKS SANITARY DISTRICT, OR
TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR
TWO RIVERS S.W.C.D., OR
TWO RIVERS SPECIAL ROAD DISTRICT, OR
TYGH VALLEY R.F.P.D., OR
TYGH VALLEY WATER DISTRICT, OR
UMATILLA COUNTY FIRE DISTRICT #1, OR
UMATILLA COUNTY S.W.C.D., OR
UMATILLA COUNTY SPECIAL LIBRARY DISTRICT,
OR
UMATILLA HOSPITAL DISTRICT, OR
UMATILLA R.F.P.D. #7-405, OR
UMATILLA-MORROW RADIO AND DATA DISTRICT,
OR
UMPQUA S.W.C.D., OR
UNION CEMETERY MAINTENANCE DISTRICT, OR
UNION COUNTY SOLID WASTE DISPOSAL DISTRICT,
OR
UNION COUNTY VECTOR CONTROL DISTRICT, OR
UNION GAP SANITARY DISTRICT, OR
UNION GAP WATER DISTRICT, OR
UNION HEALTH DISTRICT, OR
UNION R.F.P.D., OR
UNION S.W.C.D., OR
UNITY COMMUNITY PARK & RECREATION
DISTRICT, OR
UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR
UPPER MCKENZIE R.F.P.D., OR
UPPER WILLAMETTE S.W.C.D., OR
VALE OREGON IRRIGATION DISTRICT, OR
VALE RURAL FIRE PROTECTION DISTRICT, OR
VALLEY ACRES SPECIAL ROAD DISTRICT, OR
VALLEY VIEW CEMETERY MAINTENANCE
DISTRICT, OR
VALLEY VIEW WATER DISTRICT, OR
VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR
VERNONIA R.F.P.D., OR
VINEYARD MOUNTAIN PARK & RECREATION
DISTRICT, OR
VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT,
OR
WALLA WALLA RIVER IRRIGATION DISTRICT, OR
WALLOWA COUNTY HEALTH CARE DISTRICT, OR
WALLOWA LAKE COUNTY SERVICE DISTRICT, OR
WALLOWA LAKE IRRIGATION DISTRICT, OR
WALLOWA LAKE R.F.P.D., OR
WALLOWA S.W.C.D., OR
WALLOWA VALLEY IMPROVEMENT DISTRICT #1,
OR
WAMIC R.F.P.D., OR
WAMIC WATER & SANITARY AUTHORITY, OR
WARMSPRINGS IRRIGATION DISTRICT, OR
WASCO COUNTY S.W.C.D., OR
WATER ENVIRONMENT SERVICES, OR
WATER WONDERLAND IMPROVEMENT DISTRICT,
OR
WATERBURY & ALLEN DITCH IMPROVEMENT
DISTRICT, OR
WATSECO-BARVIEW WATER DISTRICT, OR
WAUNA WATER DISTRICT, OR
WEDDERBURN SANITARY DISTRICT, OR
WEST EAGLE VALLEY WATER CONTROL DISTRICT,
OR
WEST EXTENSION IRRIGATION DISTRICT, OR
WEST LABISH DRAINAGE & WATER CONTROL
IMPROVEMENT DISTRICT, OR
WEST MULTNOMAH S.W.C.D., OR
WEST SIDE R.F.P.D., OR
WEST SLOPE WATER DISTRICT, OR
WEST UMATILLA MOSQUITO CONTROL DISTRICT,
OR
WEST VALLEY FIRE DISTRICT, OR
WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR
WESTERN LANE AMBULANCE DISTRICT, OR
WESTLAND IRRIGATION DISTRICT, OR
WESTON ATHENA MEMORIAL HALL PARK &
RECREATION DISTRICT, OR
WESTON CEMETERY DISTRICT #2, OR
WESTPORT FIRE AND RESCUE, OR
WESTRIDGE WATER SUPPLY CORPORATION, OR
WESTWOOD HILLS ROAD DISTRICT, OR
WESTWOOD VILLAGE ROAD DISTRICT, OR
WHEELER S.W.C.D., OR
WHITE RIVER HEALTH DISTRICT, OR
WIARD MEMORIAL PARK DISTRICT, OR
WICKIUP WATER DISTRICT, OR
WILLAKENZIE R.F.P.D., OR
WILLAMALANE PARK & RECREATION DISTRICT, OR
WILLAMALANE PARK AND RECREATION DISTRICT
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WILLAMETTE HUMANE SOCIETY
WILLAMETTE RIVER WATER COALITION, OR
WILLIAMS R.F.P.D., OR
WILLOW CREEK PARK DISTRICT, OR
WILLOW DALE WATER DISTRICT, OR
WILSON RIVER WATER DISTRICT, OR
WINCHESTER BAY R.F.P.D., OR
WINCHESTER BAY SANITARY DISTRICT, OR
WINCHUCK R.F.P.D., OR
WINSTON-DILLARD R.F.P.D., OR
WINSTON-DILLARD WATER DISTRICT, OR
WOLF CREEK R.F.P.D., OR
WOOD RIVER DISTRICT IMPROVEMENT COMPANY,
OR
WOODBURN R.F.P.D. NO. 6, OR
WOODLAND PARK SPECIAL ROAD DISTRICT, OR
WOODS ROAD DISTRICT, OR
WRIGHT CREEK ROAD WATER IMPROVEMENT
DISTRICT, OR
WY'EAST FIRE DISTRICT, OR
YACHATS R.F.P.D., OR
YAMHILL COUNTY TRANSIT AREA, OR
YAMHILL FIRE PROTECTION DISTRICT, OR
YAMHILL SWCD, OR
YONCALLA PARK & RECREATION DISTRICT, OR
YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT,
OR
ZUMWALT R.F.P.D., OR
K-12 INCLUDING BUT NOT LIMITED TO:
ACADIA PARISH SCHOOL BOARD
BEAVERTON SCHOOL DISTRICT
BEND-LA PINE SCHOOL DISTRICT
BOGALUSA HIGH SCHOOL, LA
BOSSIER PARISH SCHOOL BOARD
BROOKING HARBOR SCHOOL DISTRICT
CADDO PARISH SCHOOL DISTRICT
CALCASIEU PARISH SCHOOL DISTRICT
CANBY SCHOOL DISTRICT
CANYONVILLE CHRISTIAN ACADEMY
CASCADE SCHOOL DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON
CENTENNIAL SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DISTRICT NO.6
CENTRAL SCHOOL DISTRICT 13J
COOS BAY SCHOOL DISTRICT NO.9
CORVALLIS SCHOOL DISTRICT 509J
COUNTY OF YAMHILL SCHOOL DISTRICT 29
CULVER SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2
DAVID DOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT NO.8
DE LA SALLE N CATHOLIC HS
DESCHUTES COUNTY SCHOOL DISTRICT NO.6
DOUGLAS EDUCATIONAL DISTRICT SERVICE
DUFUR SCHOOL DISTRICT NO.29
EAST BATON ROUGE PARISH SCHOOL DISTRICT
ESTACADA SCHOOL DISTRICT NO.10B
FOREST GROVE SCHOOL DISTRICT
GEORGE MIDDLE SCHOOL
GLADSTONE SCHOOL DISTRICT
GRANTS PASS SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
GRESHAM BARLOW JOINT SCHOOL DISTRICT
HEAD START OF LANE COUNTY
HIGH DESERT EDUCATION SERVICE DISTRICT
HILLSBORO SCHOOL DISTRICT
HOOD RIVER COUNTY SCHOOL DISTRICT
JACKSON CO SCHOOL DIST NO.9
JEFFERSON COUNTY SCHOOL DISTRICT 509-J
JEFFERSON PARISH SCHOOL DISTRICT
JEFFERSON SCHOOL DISTRICT
JUNCTION CITY SCHOOLS, OR
KLAMATH COUNTY SCHOOL DISTRICT
KLAMATH FALLS CITY SCHOOLS
LAFAYETTE PARISH SCHOOL DISTRICT
LAKE OSWEGO SCHOOL DISTRICT 7J
LANE COUNTY SCHOOL DISTRICT 4J
LINCOLN COUNTY SCHOOL DISTRICT
LINN CO. SCHOOL DIST. 95C
LIVINGSTON PARISH SCHOOL DISTRICT
LOST RIVER JR/SR HIGH SCHOOL
LOWELL SCHOOL DISTRICT NO.71
SALEM-KEIZER PUBLIC SCHOOLS 24J
MARION COUNTY SCHOOL DISTRICT 103
MARIST HIGH SCHOOL, OR
MCMINNVILLE SCHOOL DISTRICT NOAO
MEDFORD SCHOOL DISTRICT 549C
MITCH CHARTER SCHOOL
MONROE SCHOOL DISTRICT NO.1J
MORROW COUNTY SCHOOL DIST, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MULTISENSORY LEARNING ACADEMY
MYRTLE PINT SCHOOL DISTRICT 41
NEAH-KAH-NIE DISTRICT NO.56
NEWBERG PUBLIC SCHOOLS
NESTUCCA VALLEY SCHOOL DISTRICT NO.101
NOBEL LEARNING COMMUNITIES
NORTH BEND SCHOOL DISTRICT 13
NORTH CLACKAMAS SCHOOL DISTRICT
NORTH DOUGLAS SCHOOL DISTRICT
NORTH WASCO CITY SCHOOL DISTRICT 21
NORTHWEST REGIONAL EDUCATION SERVICE
DISTRICT
ONTARIO MIDDLE SCHOOL
OREGON TRAIL SCHOOL DISTRICT NOA6
ORLEANS PARISH SCHOOL DISTRICT
PHOENIX-TALENT SCHOOL DISTRICT NOA
PLEASANT HILL SCHOOL DISTRICT
PORTLAND JEWISH ACADEMY
PORTLAND PUBLIC SCHOOLS
RAPIDES PARISH SCHOOL DISTRICT
REDMOND SCHOOL DISTRICT
REYNOLDS SCHOOL DISTRICT
ROGUE RIVER SCHOOL DISTRICT
ROSEBURG PUBLIC SCHOOLS
SCAPPOOSE SCHOOL DISTRICT 1J
SAINT TAMMANY PARISH SCHOOL BOARD, LA
SEASIDE SCHOOL DISTRICT 10
SHERWOOD SCHOOL DISTRICT 88J
SILVER FALLS SCHOOL DISTRICT 4J
SOUTH LANE SCHOOL DISTRICT 45J3
SOUTHERN OREGON EDUCATION SERVICE
DISTRICT
SPRINGFIELD PUBLIC SCHOOLS
SUTHERLIN SCHOOL DISTRICT
SWEET HOME SCHOOL DISTRICT NO.55
TERREBONNE PARISH SCHOOL DISTRICT
THE CATLIN GABEL SCHOOL
TIGARD-TUALATIN SCHOOL DISTRICT
UMATILLA MORROW ESD
WEST LINN WILSONVILLE SCHOOL DISTRICT
WILLAMETTE EDUCATION SERVICE DISTRICT
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WOODBURN SCHOOL DISTRICT
YONCALLA SCHOOL DISTRICT
ACADEMY FOR MATH ENGINEERING & SCIENCE
(AMES), UT
ALIANZA ACADEMY, UT
ALPINE DISTRICT, UT
AMERICAN LEADERSHIP ACADEMY, UT
AMERICAN PREPARATORY ACADEMY, UT
BAER CANYON HIGH SCHOOL FOR SPORTS &
MEDICAL SCIENCES, UT
BEAR RIVER CHARTER SCHOOL, UT
BEAVER SCHOOL DISTRICT, UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY
(BSTA) , UT
BOX ELDER SCHOOL DISTRICT, UT
CBA CENTER, UT
CACHE SCHOOL DISTRICT, UT
CANYON RIM ACADEMY, UT
CANYONS DISTRICT, UT
CARBON SCHOOL DISTRICT, UT
CHANNING HALL, UT
CHARTER SCHOOL LEWIS ACADEMY, UT
CITY ACADEMY, UT
DAGGETT SCHOOL DISTRICT, UT
DAVINCI ACADEMY, UT
DAVIS DISTRICT, UT
DUAL IMMERSION ACADEMY, UT
DUCHESNE SCHOOL DISTRICT, UT
EARLY LIGHT ACADEMY AT DAYBREAK, UT
EAST HOLLYWOOD HIGH, UT
EDITH BOWEN LABORATORY SCHOOL, UT
EMERSON ALCOTT ACADEMY, UT
EMERY SCHOOL DISTRICT, UT
ENTHEOS ACADEMY, UT
EXCELSIOR ACADEMY, UT
FAST FORWARD HIGH, UT
FREEDOM ACADEMY, UT
GARFIELD SCHOOL DISTRICT, UT
GATEWAY PREPARATORY ACADEMY, UT
GEORGE WASHINGTON ACADEMY, UT
GOOD FOUNDATION ACADEMY, UT
GRAND SCHOOL DISTRICT, UT
GRANITE DISTRICT, UT
GUADALUPE SCHOOL, UT
HAWTHORN ACADEMY, UT
INTECH COLLEGIATE HIGH SCHOOL, UT
IRON SCHOOL DISTRICT, UT
ITINERIS EARLY COLLEGE HIGH, UT
JOHN HANCOCK CHARTER SCHOOL, UT
JORDAN DISTRICT, UT
JUAB SCHOOL DISTRICT, UT
KANE SCHOOL DISTRICT, UT
KARL G MAESER PREPARATORY ACADEMY, UT
LAKEVIEW ACADEMY, UT
LEGACY PREPARATORY ACADEMY, UT
LIBERTY ACADEMY, UT
LINCOLN ACADEMY, UT
LOGAN SCHOOL DISTRICT, UT
MARIA MONTESSORI ACADEMY, UT
MERIT COLLEGE PREPARATORY ACADEMY, UT
MILLARD SCHOOL DISTRICT, UT
MOAB CHARTER SCHOOL, UT
MONTICELLO ACADEMY, UT
MORGAN SCHOOL DISTRICT, UT
MOUNTAINVILLE ACADEMY, UT
MURRAY SCHOOL DISTRICT, UT
NAVIGATOR POINTE ACADEMY, UT
NEBO SCHOOL DISTRICT, UT
NO UT ACAD FOR MATH ENGINEERING & SCIENCE
(NUAMES), UT
NOAH WEBSTER ACADEMY, UT
NORTH DAVIS PREPARATORY ACADEMY, UT
NORTH SANPETE SCHOOL DISTRICT, UT
NORTH STAR ACADEMY, UT
NORTH SUMMIT SCHOOL DISTRICT, UT
ODYSSEY CHARTER SCHOOL, UT
OGDEN PREPARATORY ACADEMY, UT
OGDEN SCHOOL DISTRICT, UT
OPEN CLASSROOM, UT
OPEN HIGH SCHOOL OF UTAH, UT
OQUIRRH MOUNTAIN CHARTER SCHOOL, UT
PARADIGM HIGH SCHOOL, UT
PARK CITY SCHOOL DISTRICT, UT
PINNACLE CANYON ACADEMY, UT
PIUTE SCHOOL DISTRICT, UT
PROVIDENCE HALL, UT
PROVO SCHOOL DISTRICT, UT
QUAIL RUN PRIMARY SCHOOL, UT
QUEST ACADEMY, UT
RANCHES ACADEMY, UT
REAGAN ACADEMY, UT
RENAISSANCE ACADEMY, UT
RICH SCHOOL DISTRICT, UT
ROCKWELL CHARTER HIGH SCHOOL, UT
SALT LAKE ARTS ACADEMY, UT
SALT LAKE CENTER FOR SCIENCE EDUCATION, UT
SALT LAKE SCHOOL DISTRICT, UT
SALT LAKE SCHOOL FOR THE PERFORMING ARTS,
UT
SAN JUAN SCHOOL DISTRICT, UT
SEVIER SCHOOL DISTRICT, UT
SOLDIER HOLLOW CHARTER SCHOOL, UT
SOUTH SANPETE SCHOOL DISTRICT, UT
SOUTH SUMMIT SCHOOL DISTRICT, UT
SPECTRUM ACADEMY, UT
SUCCESS ACADEMY, UT
SUCCESS SCHOOL, UT
SUMMIT ACADEMY, UT
SUMMIT ACADEMY HIGH SCHOOL, UT
SYRACUSE ARTS ACADEMY, UT
THOMAS EDISON - NORTH, UT
TIMPANOGOS ACADEMY, UT
TINTIC SCHOOL DISTRICT, UT
TOOELE SCHOOL DISTRICT, UT
TUACAHN HIGH SCHOOL FOR THE PERFORMING
ARTS, UT
UINTAH RIVER HIGH, UT
UINTAH SCHOOL DISTRICT, UT
UTAH CONNECTIONS ACADEMY, UT
UTAH COUNTY ACADEMY OF SCIENCE, UT
UTAH ELECTRONIC HIGH SCHOOL, UT
UTAH SCHOOLS FOR DEAF & BLIND, UT
UTAH STATE OFFICE OF EDUCATION, UT
UTAH VIRTUAL ACADEMY, UT
VENTURE ACADEMY, UT
VISTA AT ENTRADA SCHOOL OF PERFORMING
ARTS AND TECHNOLOGY, UT
WALDEN SCHOOL OF LIBERAL ARTS, UT
WASATCH PEAK ACADEMY, UT
WASATCH SCHOOL DISTRICT, UT
WASHINGTON SCHOOL DISTRICT, UT
WAYNE SCHOOL DISTRICT, UT
WEBER SCHOOL DISTRICT, UT
WEILENMANN SCHOOL OF DISCOVERY, UT
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HIGHER EDUCATION
ARGOSY UNIVERSITY
BATON ROUGE COMMUNITY COLLEGE, LA
BIRTHINGWAY COLLEGE OF MIDWIFERY
BLUE MOUNTAIN COMMUNITY COLLEGE
BRIGHAM YOUNG UNIVERSITY - HAWAII
CENTRAL OREGON COMMUNITY COLLEGE
CENTENARY COLLEGE OF LOUISIANA
CHEMEKETA COMMUNITY COLLEGE
CLACKAMAS COMMUNITY COLLEGE
COLLEGE OF THE MARSHALL ISLANDS
COLUMBIA GORGE COMMUNITY COLLEGE
CONCORDIA UNIVERSITY
GEORGE FOX UNIVERSITY
KLAMATH COMMUNITY COLLEGE DISTRICT
LANE COMMUNITY COLLEGE
LEWIS AND CLARK COLLEGE
LINFIELD COLLEGE
LINN-BENTON COMMUNITY COLLEGE
LOUISIANA COLLEGE, LA
LOUISIANA STATE UNIVERSITY
LOUISIANA STATE UNIVERSITY HEALTH SERVICES
MARYLHURST UNIVERSITY
MT. HOOD COMMUNITY COLLEGE
MULTNOMAH BIBLE COLLEGE
NATIONAL COLLEGE OF NATURAL MEDICINE
NORTHWEST CHRISTIAN COLLEGE
OREGON HEALTH AND SCIENCE UNIVERSITY
OREGON INSTITUTE OF TECHNOLOGY
OREGON STATE UNIVERSITY
OREGON UNIVERSITY SYSTEM
PACIFIC UNIVERSITY
PIONEER PACIFIC COLLEGE
PORTLAND COMMUNITY COLLEGE
PORTLAND STATE UNIVERSITY
REED COLLEGE
RESEARCH CORPORATION OF THE UNIVERSITY OF
HAWAII
ROGUE COMMUNITY COLLEGE
SOUTHEASTERN LOUISIANA UNIVERSITY
SOUTHERN OREGON UNIVERSITY (OREGON
UNIVERSITY SYSTEM)
SOUTHWESTERN OREGON COMMUNITY COLLEGE
TULANE UNIVERSITY
TILLAMOOK BAY COMMUNITY COLLEGE
UMPQUA COMMUNITY COLLEGE
UNIVERSITY OF HAWAII BOARD OF REGENTS
UNIVERSITY OF HAWAII-HONOLULU COMMUNITY
COLLEGE
UNIVERSITY OF OREGON-GRADUATE SCHOOL
UNIVERSITY OF PORTLAND
UNIVERSITY OF NEW ORLEANS
WESTERN OREGON UNIVERSITY
WESTERN STATES CHIROPRACTIC COLLEGE
WILLAMETTE UNIVERSITY
XAVIER UNIVERSITY
UTAH SYSTEM OF HIGHER EDUCATION, UT
UNIVERSITY OF UTAH, UT
UTAH STATE UNIVERSITY, UT
WEBER STATE UNIVERSITY, UT
SOUTHERN UTAH UNIVERSITY, UT
SNOW COLLEGE, UT
DIXIE STATE COLLEGE, UT
COLLEGE OF EASTERN UTAH, UT
UTAH VALLEY UNIVERSITY, UT
SALT LAKE COMMUNITY COLLEGE, UT
UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
STATE AGENCIES
ADMIN. SERVICES OFFICE
BOARD OF MEDICAL EXAMINERS
HAWAII CHILD SUPPORT ENFORCEMENT AGENCY
HAWAII DEPARTMENT OF TRANSPORTATION
HAWAII HEALTH SYSTEMS CORPORATION
OFFICE OF MEDICAL ASSISTANCE PROGRAMS
OFFICE OF THE STATE TREASURER
OREGON BOARD OF ARCHITECTS
OREGON CHILD DEVELOPMENT COALITION
OREGON DEPARTMENT OF EDUCATION
OREGON DEPARTMENT OF FORESTRY
OREGON DEPT OF TRANSPORTATION
OREGON DEPT. OF EDUCATION
OREGON LOTTERY
OREGON OFFICE OF ENERGY
OREGON STATE BOARD OF NURSING
OREGON STATE DEPT OF CORRECTIONS
OREGON STATE POLICE
OREGON TOURISM COMMISSION
OREGON TRAVEL INFORMATION COUNCIL
SANTIAM CANYON COMMUNICATION CENTER
SEIU LOCAL 503, OPEU
SOH- JUDICIARY CONTRACTS AND PURCH
STATE DEPARTMENT OF DEFENSE, STATE OF
HAWAII
STATE OF HAWAII
STATE OF HAWAII, DEPT. OF EDUCATION
STATE OF LOUISIANA
STATE OF LOUISIANA DEPT. OF EDUCATION
STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT
ATTORNEY
STATE OF UTAH
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1 Exhibit D:
Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
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2 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #3..
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Year 1 Year 2 Year 3 Year 4 Year 5 Total
$1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,011.15 $1,051.60 $1,093.66 $1,137.41 $1,182.90 $5,476.71 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $4,382.77 $4,558.08 $4,740.41 $4,930.02 $5,127.23 $23,738.51 $4,382.77 $4,558.08 $4,740.41 $4,930.02 $5,127.23 $23,738.51 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $1,858.27 $1,932.60 $2,009.90 $2,090.30 $2,173.91 $10,064.98 $4,382.77 $4,558.08 $4,740.41 $4,930.02 $5,127.23 $23,738.51 Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
Included Included Included Included Included Included
$32,742.16 $34,051.85 $35,413.92 $36,830.48 $38,303.70 $177,342.10 Straight Time Overtime Straight Time Overtime Straight Time Overtime Straight Time Overtime Straight Time Overtime Mechanic $369.15 $613.11 $383.92 $637.63 $399.27 $663.14 $415.24 $689.67 $431.85 $717.25 Helper $369.15 $613.11 $383.92 $637.63 $399.27 $663.14 $415.24 $689.67 $431.85 $717.25 Team (1 Mechanic and 1 Helper) $842.00 $1,051.81 $875.68 $1,093.88 $910.71 $1,137.64 $947.14 $1,183.14 $985.02 $1,230.47 Adjuster/Foreman $415.16 $705.13 $431.77 $733.34 $449.04 $762.67 $467.00 $793.18 $485.68 $824.90 Elevator List & Pricing Schedule
Exhibit E
Base Bid
Contractor shall be paid upon completion, to the City’s satisfaction, of Specified Services set forth in Exhibit C of this Agreement in accordance with the Agreement and the compensation schedule set forth below, which includes all labor, equipment, tax and material costs:
Hourly Service and Repair Rates Year 1 Year 2 Year 3 Year 4 Year 5
ADDITIONAL SERVICES
ADDITIONAL SERVICES: Hourly Rates. Contractor’s compensation for Additional Services shall be as mutually agreed to by the Parties prior to Contractor providing Additional Services. All costs (travel, fuel, etc.) shall be included in this flat rate. The City makes no assurance that Contractor will be paid any minimum amount for Additional Services. The following hourly billing rates shall apply through the entire term of the Agreement:
Dept. / Building
Monthly Preventative Maintenance and Safety Inspection Program Centre Plaza Complex, Plunger Hydroelectric (Passenger), 76972 Centre Plaza Complex, Plunger Hydroelectric (Freight), 76973 John Thurman Field, Hydraulic (Passenger), 4757
King Kennedy Center, Lift-Chair
McHenry Mansion, Hydraulic (Passenger), 85760
McHenry Museum, Hydraulic (Passenger), 69548
Police Dept. Administration, Plunger Hydroelectric (Passenger), 120151 Police Dept. Administration, Plunger Hydroelectric (Passenger), 120313 Police Dept. Operations, Hydraulic Vertical (Passenger), 39400 9th Street Garage, Overhead Traction (Passenger), 83486 9th Street Garage, Overhead Traction (Passenger), 85777 9th Street Garage, Plunger Hydroelectric (Passenger), 76974 10th Street Garage, Plunger Hydroelectric (Passenger), 117077 11th Street Garage, Overhead Traction (Passenger), 069529 Monthly Fire Inspection Phase 1 & 2
Centre Plaza Complex, Plunger Hydroelectric (Passenger), 76972 Centre Plaza Complex, Plunger Hydroelectric (Freight), 76973 John Thurman Field, Hydraulic (Passenger), 4757
King Kennedy Center, Lift-Chair
McHenry Mansion, Hydraulic (Passenger), 85760
McHenry Museum, Hydraulic (Passenger), 69548
Police Dept. Administration, Plunger Hydroelectric (Passenger), 120151 Police Dept. Administration, Plunger Hydroelectric (Passenger), 120313 Police Dept. Operations, Hydraulic Vertical (Passenger), 39400 9th Street Garage, Overhead Traction (Passenger), 83486 9th Street Garage, Overhead Traction (Passenger), 85777 9th Street Garage, Plunger Hydroelectric (Passenger), 76974 10th Street Garage, Plunger Hydroelectric (Passenger), 117077 11th Street Garage, Overhead Traction (Passenger), 69529 Semi-Annual Inspection
Centre Plaza Complex, Plunger Hydroelectric (Passenger), 76972 Centre Plaza Complex, Plunger Hydroelectric (Freight), 76973 John Thurman Field, Hydraulic (Passenger), 4757
King Kennedy Center, Lift-Chair
McHenry Mansion, Hydraulic (Passenger), 85760
McHenry Museum, Hydraulic (Passenger), 69548
9th Street Garage, Plunger Hydroelectric (Passenger), 76974 10th Street Garage, Plunger Hydroelectric (Passenger), 117077 11th Street Garage, Overhead Traction (Passenger), 69529 ANNUAL COST:
Police Dept. Administration, Plunger Hydroelectric (Passenger), 120151 Police Dept. Administration, Plunger Hydroelectric (Passenger), 120313 Police Dept. Operations, Hydraulic Vertical (Passenger), 39400 9th Street Garage, Overhead Traction (Passenger), 83486 9th Street Garage, Overhead Traction (Passenger), 85777 #3..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
February 23, 2026
Date: January 15, 2025
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Patrick Crowley, Interim Public Works Director
SUBJECT: Pest Control Services Agreement
CONTACT: Gabe DaSilva, Facilities Manager, [email protected], 209-342-2281 DESCRIPTION:
Consider an Agreement with Clark Pest Control Inc., Modesto, CA for Pest Control Services for a total amount not to exceed $425,195 over five years; and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This action supports the 2025-2026 City of Modesto Strategic Plan Area of Focus: Governance and Service Delivery; “Build community trust in City government through responsive, transparent and efficient service delivery.”; Goal H: “Achieve long-term financial sustainability;” Strategy #1: “Develop a strategy for long-term financial sustainability.” BACKGROUND:
Pest control services are provided at City-owned facilities, structures, and other property at varying frequencies and service levels. It is expected that all pest management on City property will adhere to industry best practices, reduce or eliminate pesticide applications to the maximum extent feasible, and include all reasonable measures to protect human and environmental health. Use of a city-wide agreement to provide pest control services takes advantage of “economies of scale” and reduces the overall cost to the City for this service.
On March 14, 2019, under Resolution 2019-230, City Council approved an Agreement with Clark Pest Control Inc., Modesto, CA for five years with two one-year extension options, for an annual cost of $42,630 per year for routine pest services in years one and two and $10,000 per year for site additions, site removals, extra services, or service changes for a total amount not to exceed $269,550 over five years.
On May 24, 2023, the City Manager approved a First Amendment to authorize the one-year extension option through April 30, 2024.
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Finance Committee, February 23, 2026
Pest Control Services Agreement
On May 4, 2024, under Resolution 2024-168, Council approved a Second Amendment for citywide pest control services to execute the year six and year seven extension options and increasing by $9,300 from $52,630 to a new estimated annual amount of $61,930 with a revised total amount not to exceed $393,410, extending the term of the Agreement from April 30, 2024, to April 30, 2026.
DISCUSSION:
On March 26, 2025, Stanislaus County issued Request for Proposal RFP-25-11-DQ for Pest Control Services through their public bidding website, PlanetBids. Ten prospective proposers downloaded the proposals, out of the ten downloads, five were from local vendors. On April 30, 2025, three proposals were opened at the City Hall Building located at 1010 10th Street Place, Modesto, CA; two of the proposals were from local vendors. Stanislaus County created an evaluation committee comprised of representatives from the County who evaluated the proposals based on cost and technical requirements. On October 20, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for Pest Control Services. Based on the responsive and responsible proposer offering the best quality of service, City staff recommends to award to Clark Pest Control, Inc. to procure Pest Control Services for a twoyear agreement with three one-year extension options, for an estimated annual amount of $85,039, and $425,195 over five years.
Stanislaus County is a public agency who incorporates language into their bidding to allow other public agencies to utilize their bidding process and results. This streamlines the procurement process to eliminate any duplication of processes, especially when this public agency captures the location area in Modesto.
Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.
By utilizing the Stanislaus County bid, the City is complying with the requirements defined under this code for the procuring of Pest Control Services since this agency meets the same requirements of the City of Modesto bidding requirements.
FISCAL IMPACT:
Sufficient funds are budgeted in various funds for Fiscal Year 2025-26 and will be budgeted for future years through the term of this Agreement, to cover the cost for this service. The expenditures are paid out of the Building Services Internal Service Fund (ISF) and will be recouped through the allocation of the ISF costs to the various City Departments annually. The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last 12 months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase. Below is the spending history with the current agreement with Clark Pest Control.
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Finance Committee, February 23, 2026
Pest Control Services Agreement
Agreement Period Total
Year 1 $ 45,167
Year 2 $ 45,544
Year 3 $ 42,980
Year 4 $ 45,108
Year 5 $ 88,056
Year 6 $ 50,170
Grand Total $ 317,025
Below is the breakdown of the Proposed new Agreement and Funding Source funding the fiveyear Agreement.
Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
Pest Control Services $65,000 $65,000 $65,000 $69,030 $73,310 $337,340 Contingency per Year $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 Anticipated Consumer
Price Index 6.2% $4,030 $4,280 $4,545 $12,855
Total 5-Yr Agreement $80,000 $80,000 $84,030 $88,310 $92,855 $425,195 RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending an Agreement with Clark Pest Control Inc., by utilizing the Competitive Bid Process from Stanislaus County, CA for Pest Control Services, for a two-year Agreement with three one-year extension options, for an estimated annual amount $85,039, and a total amount not to exceed $425,195 over five years; and forwarding to Council for approval. #4..
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Finance Committee, February 23, 2026
Pest Control Services Agreement
Approved by:
Patrick Crowley, Interim Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Agreement
2. Exhibit B – Submittal for RFP#25-11-DQ Clark Pest Control
3. Exhibit C – RFP#25-11-DQ Countywide Pest Control Services
4. Exhibit D – Insurance Requirements
5. Exhibit E - Pricing
6. Scoring Abstract and Non-Advancement Notices
7. Financial Interest Disclosure
8. CA Levine Act Disclosure
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1 ANNUAL AGREEMENT FOR
PEST CONTROL SERVICES – AGREEMENT #317662
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Clark Pest Control of Stockton Inc., a California corporation, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the Pest Control Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Pest Control Services as described in RFP #25-11-DQ, attached hereto as Exhibit “C” and made a part hereof (hereinafter called RFP).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
A. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT.
B. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. #4..
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2 C. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
D. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
E. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $85,039. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $425,195.
F. The AGREEMENT pricing is attached hereto as Exhibit "E". Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit "E", attached hereto and made a part hereof by this reference.
2. CITY REPRESENTATIVE:
CITY Representative: Gabe DaSilva, [email protected] Purchasing Representative: Holly Gonzales, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
3. CONTRACTOR CONTACT:
Melissa Fish
(209)426-0310
[email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: MAY 01, 2026, through APRIL 30, 2027
Year 2: MAY 01, 2027, through APRIL 30, 2028
Year 3: MAY 01, 2028, through APRIL 30, 2029
Year 4: MAY 01, 2029, through APRIL 30, 2030
Year 5: MAY 01, 2030, through APRIL 30, 2031
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
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3 Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.
5. INSURANCE REQUIREMENTS:
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit "D" to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit "D" to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR by Net 30 terms via CITY's ePay Program.
The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT number 317662
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, #4..
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4 or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEY'S FEES:
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
A. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.2026 - _______;
C. CONTRACTOR Bid submittal;
D. RFP #25-11-DQ;
E. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause. #4..
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5 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the SERVICES as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; H. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
I. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
J. CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; L. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
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6 12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK:
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
A. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
B. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
C. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS:
The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS:
CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:
If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage #4..
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7 or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Clark Pest Control
Attention: Melissa Fish
480 East Service Road
Modesto, CA 95358
(209) 426-0310
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Holly Gonzales
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.
19. QUANTITIES:
No minimum or maximum is guaranteed or implied.
20. FUNDING:
All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
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8 22. NON-DISCRIMINATION:
A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.
The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
B. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
D. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
23. CONTRACTOR LICENSES & PERMITS:
CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits necessary to perform the SERVICES.
24. RECORDS:
All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, #4..
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9 that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
25. FACILITIES AND EQUIPMENT:
Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT:
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE:
CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT. #4..
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10 32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the RFP, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the RFP and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
33. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2026- _______, adopted by the Council of the City of Modesto on the 10th day of March, 2026 and Clark Pest Control of Stockton Inc. has caused this Agreement to be duly executed. #4..
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1 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
Request for Proposal
RFP #25-11-DQ
STANISLAUS COUNTY COUNTYWIDE PEST CONTROL
SERVICES
(MULTI-YEAR CONTRACT)
RFP INFORMATION:
PROPOSAL RESPONSE DATE:
April 30, 2025
PROPOSAL RESPONSE TIME:
NO LATER THAN 2:30 P.M.
DELIVER PROPOSAL SUBMITTALS TO:
Stanislaus County GSA Purchasing Division
1010 10th St., Suite 5400
Modesto, CA 95354
Proposers are required to submit one (1) original-hard copy Proposal response (including all required attachments) to the address above and one (1) copy electronically via the County’s vendor portal at www.stancounty.com/purchasing/county-bids.shtm. Hard-copy Proposals shall clearly identify the project name, RFP number, and RFP response date on the outside of the package, and be delivered in a sealed package. Failure to do so may cause the Proposal to be rejected.
LOCATION OF PRE-PROPOSAL CONFERENCE:
1010 10th Street, Modesto CA 2nd Floor, Room 2008
MANDATORY ATTENDANCE AT PRE-PROPOSAL CONFERENCE REQUIRED: NO If attendance is mandatory, failure to attend this conference will result in rejection of bid.
PUBLIC WORKS OF IMPROVEMENT: YES
Any changes to this RFP are invalid unless specifically modified by Stanislaus County (County) and issued as a separate addendum document. Should there be any question as to changes to the content of this document, County’s copy shall prevail. All addenda and notices related to this solicitation will be posted by County on Public Purchase. In the event this RFP is obtained through any means other than Public Purchase, County will not be responsible for the completeness, accuracy, or timeliness of the final RFP document.
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2 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
TABLE OF CONTENTS
Page Number
1. INTRODUCTION 4
1.1. Statement of Purpose
1.2. Scope of Services
1.3. Agreement Duration
1.4. Proposal Deadline
1.5. Nondiscrimination
1.6. Assistance to Proposers with a Disability
1.7. Other Government/Publicly Funded Agencies
1.8. Contractor Debarment
1.9. Federal E-Verify Contracting Regulations
1.10. Certification Regarding Economic Sanctions Pursuant To California State Executive Order N-6-22
2. RFP SCHEDULE OF EVENTS 8
2.1. Schedule of Events
2.2 Pre-Proposal Conference
3. GENERAL REQUIREMENTS AND INFORMATION 10
3.1. Proposal Inquiries
3.2. Proposal Format
3.3. Proposals Received Late
3.4. Proposal Errors
3.5. Default or Failure to Perform
3.6. Proposal Security
3.7. Performance Bonds
3.8. Payment Bonds
3.9. County Code
3.10. Cash Discounts
3.11. Timing of Award
3.12. Right of Rejection
3.13. Form of Agreement / Exceptions and Alternatives
3.14. Failure to Comply
3.15. Disqualification
3.16. Protest and Appeal Procedures
4. TERMS AND CONDITIONS 16
4.1. Cost of Preparations of Proposal
4.2. Rights to Pertinent Materials
4.3. Public Records Act
4.4. American with Disabilities Act of 1990, Title II
4.5. Modification of Scope of Services
4.6. Right of County to Reject Proposals
4.7. Examination of Proposal Documents
4.8. Insurance Provisions
4.9. Sample Agreement
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3 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
5. PROPOSAL SUBMITTAL PROCESS 19
5.1. Submittal Documents
5.2. Proposal Submittal
5.3. Proposal Elements
6. EVALUATION CRITERIA AND PROPOSER SELECTION 24
6.1. Evaluation of Proposals
6.2. Selection Process
6.3. Evaluation Phases
6.4. Award
7. STANDARD CONTRACT INFORMATION 27
7.1. Agreement Approval
7.2. Agreement Payments
7.3. RFP and Proposal Incorporated into Final Agreement
7.4. Agreement Monitoring
7.5. Agreement Amendment
7.6. Sample Agreement
8. SUBMITTAL DOCUMENTS 54
8.1 Proposal Cover Page
8.2 Proposal Checklist
8.3 Response Clarification Addendum
8.4 Non-Collusion Affidavit
8.5 Bond Requirements
9. SCOPE OF WORK ATTACHMENTS 61
• Exhibit A – Scope of Work / Technical Specifications
• Exhibit B – Insurance Requirements
• Exhibit C (Pricing Proposal/List of Locations)
• Exhibit D (Stanislaus County Integrated Pest Management Policy) • Exhibit E (Contractor Certifications)
• Exhibit F (Labor Code and Prevailing Wage Requirements) • Exhibit G (Form of Purchase Order)
• Campaign Contribution/Levine Act Disclosure Statement • Bond Requirements
• SB-854 Notice
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4 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
SECTION ONE—INTRODUCTION
1.1 Statement of Purpose
The County of Stanislaus General Services Agency (GSA) is seeking proposals from qualified and experienced Pest Control Service Contractors who shall perform in accordance with all federal, state and local regulations to provide Pest Control Services for County-owned and operated facilities throughout Stanislaus County. Selected contractor(s) will provide Pest Control Services on an as needed basis and in compliance with all applicable laws regulations, policies, and procedures (“Services”).
The County anticipates that the contract(s) will be awarded the mid-2025 and will continue for a period of three (3) years.
Contractor shall be compensated for services performed under a Purchase Order, based on the Billing Rates Schedule submitted, as provided in each Purchase Order issued by the County to Contractor. County shall not be required to pay more than the maximum amount specified in any Purchase Order, regardless of Contractor’s level of effort required to perform the Services.
Compensation payable to Contractor under a Purchase Order shall include all labor, parts and materials, tools, equipment, supplies, services, tasks, and incidental and customary work necessary to competently perform the Services at various County facilities. Markup on parts and materials may not exceed 10% of contractor’s cost. Except as otherwise expressly agreed by the County, the agreed rates include all Contractor costs, including benefits, overtime, travel, and reimbursable expenses.
Rates on Billing Rate Schedule shall remain fixed throughout Agreement term.
The successful proposer must meet all the requirements and expectations listed, as well as all the general contractual requirements mandated by the County. Any specifications and processes defined in this Request for Proposal (RFP) reflect the current environment, but in no way limit response to this solicitation. All proposers must thoroughly explain how their offering meets the minimum service and deliverable expectations specified in the RFP. Award shall be made to the proposer whose proposal is determined in writing to (a) best meet the criteria set forth herein and (b) provide the best value to the County.
This RFP contains instructions governing the requirements for proposals, including the format in which proposal information is to be submitted and the material to be included, the requirements that must be met to be eligible for consideration and the responsibilities of the Proposer before and after implementation.
1.2 Scope of Services
It is the Proposer’s responsibility to propose a complete Scope of Work that explains in detail the Provider’s offering. This proposed Scope of Work will be used as the basis for negotiating the final Scope of Work for inclusion in Exhibit A of the Standard Contract. The Standard Contract also includes the terms and conditions required by the County. The RFP contains the minimum list of services and deliverables the selected proposer(s) are expected to provide the County.
1.3 Agreement Duration
The County intends to enter into an Agreement (Contract) with an initial effective period of July 15, 2025, through July 14, 2028. The County reserves the right to extend this Agreement on a #4..
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5 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
year-to-year basis; however, in no case shall the renewal extend beyond four (4) years from the expiration date of the original Agreement. An extension of the term of this Agreement will be affected through an amendment to the Agreement. If the extension of the Agreement necessitates additional funding beyond that which was included in the original Agreement, the increase in the County’s maximum liability will also be affected through an amendment to the Agreement and shall be based upon rates provided in the original Agreement and proposal.
1.4 Proposal Deadline
Original proposals shall be submitted no later than the Proposal Deadline time and date detailed in Section 2 – RFP Schedule of Events. Proposals shall be delivered in a sealed package and clearly identify the Project Name, RFP Number, and RFP response date on the outside of the package. Failure to do so will cause the proposal to be rejected. It is the County’s recommendation that the delivery method chosen require a receipt confirmation. Proposers shall respond to the RFP and any exhibits, attachments, or amendments. A Proposer’s failure to submit a proposal as required before the deadline shall cause the proposal to be disqualified.
Proposers assume the risk of the method of dispatch chosen. The County assumes no responsibility for delays caused by any delivery service. Postmarking by the due date shall not substitute for actual proposal receipt by the County. Late proposals shall not be accepted nor shall additional time be granted to any potential proposer.
Proposals may not be delivered orally, by facsimile transmission, or by other telecommunication or electronic means unless specifically requested by Stanislaus County General Services Agency Purchasing Division (Purchasing).
1.5 Nondiscrimination
Stanislaus County does not unlawfully discriminate in violation of any federal, state, or local law, rule, or regulation because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status.
No person shall be excluded from participation in, denied benefits of, discriminated against in the admission or access to, or discriminated against in treatment or employment in the County’s contracted programs or activities on the grounds of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, military and veteran status or any other classification protected by federal or California State Constitutional or statutory law.
Additionally, no person shall be excluded from participation in, denied benefits of, or otherwise subjected to discrimination in the performance of contracts with the County or in the employment practices of the County’s proposers. Accordingly, all Proposers entering into contracts with the County shall, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.
1.6 Assistance to Proposers with a Disability
Proposers with a disability may receive accommodation regarding the means of communicating this RFP and participating in this procurement process. Proposers with a disability should contact the RFP Point of Contact identified in Section 3.1 to request reasonable accommodation no later than the deadline for accommodation requests detailed in Section 2 - RFP Schedule of Events. #4..
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STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
1.7 Other Government/Publicly Funded Agencies
If mutually agreeable to all parties, the issuance of any resultant contract and/or purchase order referencing the scope of services and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. All terms and conditions as specified in the agreement shall apply.
1.8 Contractor Debarment
The regulations guiding Contractor Debarment are found in the Federal Acquisition Regulation (FAR), subpart 9.4 – Debarment, Suspension, and Ineligibility.
When a procurement or agreement involves the use of Federal Funding, the Purchasing Agent (or designee) is required to determine if the contractor or subcontractor has been debarred, suspended, or proposed for debarment.
The Federal General Services Administration operates the web-based Excluded Parties List System (EPLS), which names all contractors debarred, suspended, proposed for debarment, declared ineligible, or excluded or disqualified under the non-procurement common rule (FAR
9.404 b 1).
Contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts. Purchasing shall not solicit offers from, award agreements to, or consent to subcontracts with these contractors, unless the Purchasing Agent determines that there is a compelling reason for such action. Contractors debarred, suspended, or proposed for debarment are also excluded from conducting business with the County as agents or representatives of other contractors (FAR 9.405 a)
Contractors included in the EPLS as having been declared ineligible on the basis of statutory or other regulatory procedures are excluded from receiving contracts, and if applicable, subcontracts, under the conditions and for the period set forth in the statute or regulation.
Purchasing shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors under those conditions and for that time period (FAR 9.405 b).
Contractors debarred, suspended, or proposed for debarment are excluded from acting as individual sureties (FAR 9.405 c).
After the opening of bids or receipt of proposals, the Purchasing Agent (or designee) shall review the EPLS. Bids received from any listed contractor in response to an invitation for bid shall be rejected unless the Purchasing Agent determines there is a compelling reason to consider the bid. Proposals, quotations, or offers received from any listed contractor shall not be evaluated for award or included in the competitive range, nor shall discussions be conducted with a listed offeror during a period of ineligibility, unless the Purchasing Agent determines that there is a compelling reason to do so. If the period of ineligibility expires or is terminated prior to award, the Purchasing Agent may, but is not required to, consider such proposals, quotations, or offers.
Immediately prior to award, the Purchasing Agent (or designee) shall again review the EPLS to ensure that no award is made to a listed contractor (FAR 9.405 d 1-4).
1.9 Federal E-Verify Contracting Regulations
As of September 8, 2009, the U.S. Citizenship and Immigration Services has required federal contractors and subcontractors to begin using the E-Verify system to verify their employees’ eligibility to legally work in the United States. E- Verify is an internet based online system operated jointly by the Department of Homeland Security (DHS) and the Social Security #4..
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7 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
Administration (SSA) that confirms the identify information provided on the applicant or employee’s I-9 form.
The new regulation only affects federal contractors who are awarded a new contract after September 8, 2009 that includes the E-Verify Clause. Federal contractors agree, through language included in their federal contracts, to use E-Verify to check the eligibility of employees hired and current employees who perform contract services during the contract term. The same clause will also be required in subcontracts over $3,000 for services and construction. Contracts that are exempt from this rule are those that are for less than $100,000 and those that are for commercially available off-the-shelf items.
Vendors awarded a federal contract that includes the E-Verify clause will be required to enroll in E-Verify within thirty (30) days from the contract award date. This process will require vendor’s Human Resource Department to use the E-Verify system to verify the employment eligibility of all new hires and any existing employees directly working on the federal contracts.
Failure to adhere to this new standard may jeopardize vendor’s Federal contracting status.
Further information and instructions are available at www.uscis.gov/e-verify
1.10 Certification Regarding Economic Sanctions Pursuant To California State Executive Order N-6-22
1.9.1 Contractor shall review their investments and contracts to ensure their compliance with economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions), and to take actions to support the Ukrainian government and people, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and by directly providing support to the government and people of Ukraine.
1.9.2 County shall terminate any contract with any individual or entity that is in violation of Executive Order N-6-22 or that is subject to economic sanctions therein, and shall not enter a contract with any such individual or entity while the Order is in effect.
1.9.3 For contracts valued at $5 million or more, Contractor shall provide a written report to the County regarding compliance with economic sanctions and steps taken in response to Russia’s action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Order is in effect.
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8 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
SECTION TWO—RFP SCHEDULE OF EVENTS
2.1 Schedule of Events
The following Schedule of Events represents the County’s best estimate of the schedule that shall be followed. Unless otherwise specified, the time of day for the following events shall be prior to 5:00 p.m., Pacific Daylight Time. The County reserves the right, at its sole discretion, to adjust this schedule as it deems necessary.
SCHEDULE OF EVENTS
1 County Issues Request for Proposal (RFP) March 26, 2025 2 Pre-Proposal Conference (10:00 A.M.) April 9, 2025
3 Question and Assistance to Proposers with a Disability Deadline April 16, 2025 4 Proposal Submission Deadline (2:30 P.M.) April 30, 2025 5 Complete Evaluations / Issue Notice to Award May 21, 2025* 6 Protest Deadline May 28, 2025*
7 Board of Supervisors Authorizes Contract July 1, 2025* 9 Agreement Execution/Proposer Transition July 1, 2025* – July 15, 2025*
10 Begin Contract Services July 15, 2025*
*Denotes tentative date
2.2 Pre-Proposal Conference
A Pre-Proposal Conference for all potential proposers is scheduled at the time and date set forth below and in the preceding Section 2.1, Schedule of Events.
PRE-PROPOSAL CONFERENCE LOCATION
Stanislaus County
Date: April 9, 2025 Time: 10:00 A.M.
Address: 1010 10th Street, Modesto CA 2
nd Floor, Room 2008
Contact: Denelle Qualls (209) 525-6319
The purpose of the Pre-Proposal Conference is to discuss the work to be performed with the prospective Proposers and allow for questions concerning the RFP. Proposers are strongly encouraged to (a) read through this RFP document in its entirety prior to the scheduled PreProposal Conference, and (b) bring the RFP document in printed format to the scheduled PreProposal Conference. The Pre-Proposal Conference serves solely to clarify the contents of the RFP and is not intended to provide technical assistance to Proposers or to add information to this #4..
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9 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
RFP. The purpose is to answer questions, respond to previously-submitted written questions, and clarify any ambiguities. Such clarification may aid potential proposers in deciding whether to submit proposals.
Oral responses to questions at the Pre-Proposal Conference are considered tentative and nonbinding on the County. To ensure accurate and consistent responses to all Proposers, the County’s official responses to all questions shall be published by written Addendum after the PreProposal Conference. #4..
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10 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
SECTION THREE—GENERAL REQUIREMENTS AND INFORMATION
3.1 Proposal Inquiries
Questions regarding this proposal shall be made in written form to:
RFP POINT OF CONTACT
Stanislaus County General Services Agency / Purchasing
Division
1010 10th St., Ste. 5400 Modesto, CA 95354-0859
Attention: Denelle Qualls PH: (N/A – ALL QUESTIONS TO BE IN
WRITING)
E-mail:
[email protected] FX: 209-525-7787
All inquiries shall be submitted before 5:00 P.M. Pacific Time on the date shown above in Section 2 – Schedule of Events. Responses by the County and any change in requirements will be done in the form of a written Addendum. The receipt of any resulting Addendum must be acknowledged in accordance with the directions on the Addendum. Oral explanations or instructions given before the award of the Contract will not be binding upon the County.
Proposers shall direct any questions or requests for clarification in writing to the RFP Point of Contact (or designee) named above. Proposers seeking information related to this RFP, including the scope of services described herein, obtained from sources other than the RFP Point of Contact (or designee) do so at their own risk. The County cannot be responsible for the completeness, accuracy, or timeliness of such information.
3.2 Proposal Format
Proposals must be submitted in the format identified in Section Five – Proposal Submittal Process. All items shall be completed and the signatures of all persons signing shall be written in longhand. The County may reject proposals not submitted in the specified format.
Proposals shall clearly identify the project name, RFP number, and RFP response date on the outside of the package, and be delivered in a sealed package no later than 2:30 P.M., to:
Stanislaus County
GSA Purchasing Division
1010 10th Street, Suite 5400
Modesto, CA 95354-0859
3.3 Proposals Received Late
Proposals received after the time specified will not be considered for evaluation and will be returned unopened to the respective proposer.
3.4 Proposal Errors
Mistakes in a Proposer’s submittal must be corrected and the correction inserted; the person signing the proposal must initial the correction in ink. The County reserves the right to waive any informalities or minor irregularities in connection with proposals received. #4..
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3.5 Default or Failure to Perform
The principal protection of the County’s interests in the case of default or other failure to perform shall be by means of bonds. Below are descriptions of the types of bonds.
3.6 Proposal Security
If required, proposal security shall take the form of a bond, a cashier check, or a certified check, representing the proposer’s firm commitment to stand behind the RFP price. The proposer’s bond shall be prepared and guaranteed by a California admitted corporate surety made payable to the "County of Stanislaus" or the certified check shall be issued and certified by a responsible bank or banker. As a general rule, the proposer’s security is in the amount of ten percent (10%).
3.7 Performance Bonds
A performance bond may be required to secure fulfillment of all of the proposer’s obligations under the contract. If required, the successful proposer shall file with the County a surety bond satisfactory to the County in the amounts noted prior to the execution of the contract or awarding of an RFP by the County. Bonds shall be duly executed by a responsible corporate surety authorized to issue such bonds in California and secured through an authorized agent with an office in California. Proposer shall pay all bond premiums, costs and incidentals.
3.8 Payment Bonds
If required to assure the proposer’s full discharge of its obligations to sub-proposer, suppliers, and other labor used on the project, the successful proposer shall file with the County a surety bond issued by a California admitted surety in the amounts noted.
3.9 County Code
All provisions of the County Code are applicable to any proposal submitted or contract awarded pursuant thereto. Note: Stanislaus County enacted a Local Vendor Preference in 2008. Local Vendor Preference is not applicable to this RFP.
3.10 Cash Discounts
Cash discounts offered for payment in less than twenty (20) days will not be considered as a basis of award. Cash discounts offered for payment in twenty (20) or more days will be subtracted from the total Proposal price for the purposes of the Proposal evaluation. Any cash discount offered by the successful proposer will be accepted by the County, whether or not it was considered as a basis of award. All cash discounts, if taken, shall be computed from the date of delivery or completion and acceptance of material, or from date of receipt of invoice, whichever is latest.
3.11 Timing of Award
Within thirty (30) days after the proposal opening, a Contract may be awarded by the County to the Proposer whose proposal is determined in writing to be the best value to the County, taking into consideration price and adherence to the specifications set forth herein. The time for awarding a contract may be extended at the sole discretion of the County, if required to evaluate proposals or for such other purposes as the County may determine. #4..
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3.12 Right of Rejection
The County reserves the right to reject any and all proposals, as it may deem proper in its absolute discretion.
3.13 Form Contract/Exceptions and Alternatives
The Sample Contract attached to this RFP contains terms and conditions that will become binding upon the successful proposer upon execution of the agreement/contract. This Sample Contract is attached solely for the purpose of informing Proposers of the fixed, predetermined, standard contract provisions with which the successful Proposer will be required to comply.
If the Proposer suggests alternatives or states exceptions to any term or condition in the Contract, or to any provision or requirement of the RFP, such alternative or exception shall be clearly stated and identified in the submitted proposal. Any alternatives or stated exceptions proposed must satisfy all minimum qualifications specified in this RFP. The successful Proposer will otherwise be expected to sign the Contract upon award of the contract. The County expressly reserves the right, in its sole discretion, to (1) reject a proposal containing any exception or alternatives as non-conforming, or (2) accept any proposal alternative or exception and to award a contract based thereon if determined to be in the best interest of the County.
3.14 Failure to Comply
The County cannot accept any proposal that does not comply with all of the above-stated requirements.
3.15 Disqualification
Any of the following may be considered cause to disqualify a Proposer without further consideration:
1. Evidence of collusion among Proposers;
2. Any attempt to improperly influence any member of the Evaluation Committee;
3. A Proposer's default in any operation of a contract/agreement which resulted in termination of that contract/agreement; and/or
4. Existence of any lawsuit, unresolved contractual claim, or dispute between Proposer and the County.
3.16 Protest and Appeal Procedures
3.16.1 General
Proposers wishing to protest or appeal procurement or contracting decisions by the County of Stanislaus GSA-Purchasing Division must follow the procedures provided by this section. Protests or appeals that are not submitted in accordance with these procedures will not be reviewed.
Any complaint regarding this procurement must be handled through the administrative processes defined herein. Failure to adhere to, or attempting to circumvent or influence these administrative processes by contacting persons other than the Purchasing Agent or designee, shall result in the protestor’s immediate disqualification from consideration of award.
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3.16.2 Definitions
For the purposes of this procedure:
1. “Chief Executive Officer” means the Stanislaus County Chief Executive Officer.
2. "Days" means working days of the County of Stanislaus.
3. “Purchasing Agent” means the Stanislaus County Purchasing Agent.
3.16.3 Protest Deadlines and Requirements
1. Any Proposer may file a written protest with the Purchasing Agent not later than five (5) days after date of mailing a Notice of Intended Award.
2. The protest shall be physically delivered or sent by registered mail to the Purchasing Agent. Emailed requests will not be honored.
3. The protest must be physically received by the Purchasing Agent before 5:00 P.M.
Pacific Standard Time on the last day of the five (5) day protest period.
4. The protest filed with the Purchasing Agent shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, RFP/quotation/Proposal number, and RFP/quotation/Proposal date;
c. Contain a concise statement of the grounds for protest; provided, however, RFP or Proposal process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to those issues must be raised and addressed, prior to the Proposal or Proposal opening date to allow adjustments before evaluation of bids or Proposals; and
d. Include all supporting documentation, if any. Documentation submitted after filing the protest will not be considered during review of the protest or during any appeal.
3.16.3 Protest Procedure
1. Any Proposal or procurement protest (“Protest”) must be submitted in writing to the Stanislaus County Purchasing Agent located at 1010 10th Street, Suite 5400, Modesto, CA 95354, (Attention: GSA Purchasing Manager), before the earlier of the following dates: 5:00 PM of the fifth business day following issuance of the Notice of Intent to Award or within five (5) business days after the protesting party knows, or should have known, of the occurrence of the action which is protested. The Protest shall be followed by an email to the attention of the GSA Purchasing Manager at [email protected].
2. Only parties who responded to the County’s Proposal or procurement solicitation (each, a “Proposer”) who the County deemed responsive and/or responsible are eligible to submit a Protest. A Protest from a Proposer who the County deemed not responsive and/or not responsible will not be considered.
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3. A formal Protest must be in writing signed by the protesting party and shall contain:
a. A specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;
b. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified above;
c. A precise statement of the relevant facts;
d. An identification of the issue(s) to be resolved;
e. Argument and authorities in support of the Protest; and f. Proof that copies of the Protest have been mailed or delivered to all Proposers who submitted bids, Proposals or offers for the contract involved. A certification that copies were supplied to all interested parties with a list of the addresses the Protest was sent to will be accepted as proof of delivery of copies. Names and addresses of such Proposers may be obtained by sending a written request for the information to the Purchasing Agent.
4. In the event of a timely Protest has been made, and an award has not been made, the County will not proceed further with the solicitation or award of the contract unless a final decision on the Protest is made.
5. The Purchasing Agent may receive written responses to the Protest from Proposers who submitted bids, Proposals or offers for the contract involved and from other interested parties. The protesting party will be given notice of written responses received.
3.16.4 Appeal.
a. The decision of the Purchasing Agent on a Protest may be appealed by the protesting party to the County’s Chief Executive Officer (“CEO”). An appeal of the decision of the County Purchasing Agent must be written and received by the CEO at 1010 10th Street, Suite 6800, Modesto, CA 95354 no later than ten (10) business days after the date of the Purchasing Agent’s decision. A copy of the appeal shall be sent by email to the attention of the County Purchasing Agent, GSA Deputy Director, and GSA Purchasing Manager at
[email protected].
b. A copy of the appeal must be mailed or delivered by the appealing party to each Proposer who submitted a Proposal, Proposal or offer for the contract and must contain a certified statement by the appealing party that such copies have been provided.
c. An appeal review committee comprised of a) the Chief Executive Officer or designee, b) the Chairman and c) Vice Chairman of the Board, shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Purchasing Agent. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation. The decision of the appeal review committee shall be final. The County may share the protest and appeal materials with other proposers and may request them to comment on the protest and appeal.
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3.16.5 Required Process. Any Protest regarding this procurement must be handled through the processes defined herein. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed or rejected.
3.16.6 Disqualification. Failure to adhere to or attempting to circumvent or influence this process by contacting persons other than the Purchasing Agent or his designee, or if on appeal, the Chief Executive Officer or his designee, shall result in the termination of the protesting party’s Protest or appeal, and the immediate disqualification of the protesting party from consideration of award.
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SECTION FOUR—TERMS AND CONDITIONS
4.1 Cost of Preparation of Proposal
The County shall not pay costs incurred in the proposal preparation, printing, or demonstration process. All such costs shall be borne by the Proposer.
4.2 Rights to Pertinent Materials
All responses, inquiries, and correspondence relating to the RFP and all reports, charts, coverage maps, displays, schedules, exhibits, and other documentation produced by the Proposer that are submitted as part of the proposal shall become the property of the County after the proposal submission deadline.
Proposers shall be responsible for identifying information in their responses deemed to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information shall be held in confidence whenever possible. All other information shall be considered public after the award of the RFP.
4.3 Public Records Act
Stanislaus County is a local agency subject to the Public Records Act. As such, the County is required to disclose any Records related to the conduct of the public’s business, unless there is a statutory exception. All proposals become public information no later than after the award of the RFP, with the exception of those portions of a proposal that are identified at the time of the submittal by the Proposer as “Confidential” or “Proprietary” and which are reasonably deemed by the County as not being public documents that must be disclosed under applicable sections of the California Public Records Act and other appropriate statues and regulations.
Proposers who are not publicly owned must submit proof of financial profitability and stability with their proposal.
The County has taken the position that Financial Statements such as these are exempt from disclosure under the Public Records Act under California Public Contract Code section 10165 and 20101. As such, the County maintains the confidentiality of these documents, and does not release them to third parties unless court ordered to do so.
4.4 American with Disabilities Act of 1990, Title II
Stanislaus County is a local agency subject to Title II of the Americans with Disabilities Act. As such, the County is required to comply with the requirements of Title of the ADA. Title II requires State and local governments to make their programs and services accessible to persons with disabilities. While many individuals with disabilities are able to take part in various government programs and activities without any accommodations, for many others their disabilities combined with environmental obstacles impose significant barriers to an equal opportunity to participate.
The ADA protests the civil rights of people with disabilities against discrimination on the basis of disability. Title II of the ADA outlines the ways in which environmental, communication, and policy barriers must be addressed by Stanislaus County and those who enter into contracts with the County.
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4.5 Modification of Scope of Services
The Scope of Services may be amended to meet available funding or to best meet the needs of the County. In the event that any additional services are required as identified herein, the County reserves the right to add such services by amending the Contract.
4.6 Right of County to Reject Proposals
The County reserves the right to reject any and all proposals or any part of the proposals, to waive minor defects or technicalities, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed project as the County may deem necessary.
All proposals received after the time specified in this Notice will not be considered and will be returned unopened.
4.7 Examination of Proposal Documents
Proposers shall carefully examine the specification and satisfy themselves as to their sufficiency and shall not at any time after submission of the proposal, dispute or complain of such Specifications and the directions explaining or interpreting them. Any questions or concerns that arise shall be submitted in writing to the contact person identified in Section 3.1 prior to the question deadline.
Should a Proposer find discrepancies in, or omissions from, the specifications, or should the undersigned be in doubt as to their meaning, the undersigned shall at once notify GSAPurchasing. Notification is to be in written form and must be submitted at least ten (10) days prior to the proposal closing date. Any interpretations by the County will be made in the form of a written Addendum. Any change in requirements will also be done in the form of a written Addendum. The receipt of any resulting Amendment must be acknowledged in accordance with the directions on the Amendment. Oral explanations or instructions given before the award of the Contract will not be binding.
4.8 Insurance Provisions
The "Insurance Provisions" contained in the attached EXHIBIT B are hereby made a part of this RFP and any resultant contract. The proposer shall acknowledge in their proposal responses their ability to meet these insurance requirements. All exceptions to the insurance requirements must be communicated in writing and included with the proposal response. The proposer awarded the Agreement shall provide the County with a Certificate of Insurance and endorsements meeting the requirements of the attached EXHIBIT B.
4.9 Sample Contract
A Sample Contract is attached for the purpose of informing the proposer of the County’s standard contract provisions with which the successful proposer will be required to comply and, with the exception of the insurance requirements set forth therein and described in detail in section 4.7 above, do not constitute requirements of this RFP. These provisions are subject to revision by the County at any time prior to the signing of the Contract.
The submission of a proposal shall be considered an offer to contract and should the proposer be awarded a contract, shall signify the proposer’s agreement to be bound by all the terms, conditions (including insurance requirements), and specifications set forth in this RFP and in the #4..
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various proposal documents, unless specifically noted otherwise in the proposal, and subsequently agreed to in writing by the County.
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SECTION FIVE—PROPOSAL SUBMITTAL PROCESS
5.1 Submittal Documents
Proposers shall complete and submit the following documents in response to this RFP:
1. Signed Proposal Cover Page;
2. Proposal Checklist;
3. Exceptions to the terms and conditions of this RFP, if any;
4. Exceptions to the Sample Contract, if any;
5. Signed Non-Collusion Affidavit;
6. Response Clarification Addendum;
7. W-9;
8. Financial Report;
9. Qualification Proposal; and
10. Pricing Proposal.
5.2 Proposal Submittal
One (1) original hard-copy proposal shall be submitted to GSA-Purchasing at the place and time specified on cover page of this RFP.
All proposals (original hard-copy and electronic) shall contain all of the elements set forth in Section 5.3 and shall be submitted in separately sealed envelopes/packages, each clearly identifying the project name, number and closing date. The envelopes/packages shall be marked as follows:
Part One – Financial Report
Part Two – Qualification Proposal
Part Three – Pricing Proposal
5.3 Proposal Elements
Proposers shall address the proposal elements below:
5.3.1 Part One – Financial Report
The Financial Report submittal process is only required to be submitted with the original hard-copy proposal.
Prior to any contracts being issued a Proposer must demonstrate to the County’s satisfaction that its company is financially sound. Proposers shall submit a Financial Report showing proof of financial profitability and stability, including their most recent audited financial statements. If a Proposer is not a public corporation, it too shall submit proof of financial profitability and stability with verifiable financial information of a nature comparable to audited financial statements. In some cases, an alternate option may be made available upon the discretion of the Purchasing department. Contact Purchasing for more information prior to the proposal response date.
The Financial Report shall be submitted in its own separately sealed envelope or binder, marked “FINANCIAL REPORT”. Proposers may submit only one (1) copy of Financial Reports, in the original response only, which includes detailed information about the proposer’s financial condition, including:
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1. Audited financial statements for the three (3) most-recent fiscal years for which the statements are available, and interim if available. The statements must include balance sheet, income statement, and a statement of cash flows. Statements must be complete with opinion, notes, management letters, and conform to Generally Accepted Accounting Practices (GAAP). If no audited statements are available, explain why and submit unaudited financial statements. Statement of Income and Retained Earnings, for the three (3) most-recent fiscal years, prepared by an independent auditing firm.
2. The percent of proposer’s annual revenue that this contract would represent.
Note: Proposers may not submit income tax returns in lieu of the above requested items.
5.3.2 Part Two – Qualification Proposal
The Qualification submittal process is a two-step process. Before the Proposal Deadline:
One (1) Qualification Proposal is required to be uploaded electronically via the County’s vendor portal set forth on page 1 of this RFP; and One (1) original hard-copy Qualification Proposal is required to be received in office prior to the due date.
Mail/Hand Delivered:
One (1) original hard copy of the Qualification Proposal is required, in a binder, with tabbed dividers. Each part shall be proceeded by an 8 ½” by 11” tab divider, with each part clearly labeled. The Qualification Proposal binder shall be marked “QUALIFICATION PROPOSAL”, with each binder clearly identifying the project name, number, and closing date. The Qualification Proposal shall consist of items 1 – 7, and 9 listed above in Section
5.1, and shall contain all the elements set forth below:
1. Evidence of Proposer’s authority to conduct business within the State of California https://www.sos.ca.gov/
2. Evidence of Proposer’s active licensure with the California State License Board (CSLB) https://www.cslb.ca.gov/
3. Evidence of Proposer’s registration with the Department of Industrial Relations (DIR) https://services.dir.ca.gov/gsp
4. Evidence of current licensing in the relevant trade(s) issued by the Department of Consumer Affairs Contractors State License Board https://www.cslb.ca.gov/
5. Evidence of Proposer’s license with Department of Consumer Affairs Structural Pest Control Board License and for all employees that will be using pesticide for Countyowned and operated facilities throughout Stanislaus County https://www.pestboard.ca.gov/
6. Evidence of Proposer’s license with the California Department of Pest Control Regulation https://apps.cdpr.ca.gov/docs/license/currlic.cfm #4..
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7. Evidence of Proposer’s registration with the Stanislaus County Agricultural Commissioner https://www.stanag.org/pest-management.shtm
8. Proposers shall have a minimum of five (5) years of experience providing pest control services outlined in Exhibit A Scope of Work.
9. Proposers shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Project and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
10. Brief history of Proposer’s overall capabilities, recent and related experience, and expertise. Include ownership structure key principals and current organizational structure. Describe similar programs and their comparison to the requirements of Stanislaus County’s current needs, including current workload, if any, resources and experience that would clearly demonstrate your firms’ ability to address the needs of the County within this RFP.
11. Indicate the primary contacts (and management hierarchy) that will be available for all aspects of services under this RFP. Include contacts for customer service and senior management and identify the staff to be assigned to this project describing their experience in handling adults entering jails having substance abuse disorder or state prison having severe mental illness.
• Resumes of individuals who will be assigned to this project and an explanation of the function that each individual will be performing including:
o Information on the key personnel’s experience related to standard and emergency services.
o Include certificates and/or licenses of individuals or current contractor’s license and business license.
o Include a statement of the level of guaranteed commitment of the proposed individuals to actually perform the required preliminary work scope.
12. Describe the qualified staff’s familiarity with pest control services as specified in the Exhibit A Scope of Work.
13. Please acknowledge capability to meet requirements as described below:
• Contractor shall be capable of providing fast and responsive pest control services, (twenty-four) 24 hours per day, including holidays and weekends;
• Contractor shall provide services scheduled around county’s convenience;
• Contractor shall respond to emergency requests within four (4) hours; • Contractor shall provide necessary remedial action completed within one (1) business day;
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• If at any time, pests are found in any facility being serviced, it will be the responsibility of the contractor to, within eight (8) hours or less, take the action necessary to eliminate the problem;
• Providing estimates for repair;
• Providing fully licensed employees (describe employee licensing requirements) and include all staff’s licenses that will be working on this project(s);
• Providing safety programs for employees (describe employee training program and/or safety programs); and
• Ability to provide service consistent with current established repair techniques using state-of-the-art technology.
14. Identify whether, during the prior five (5) years, any of Proposer’s principals have been involved in litigation or arbitration of any kind relating to services similar to those requested by this RFP. If yes, provide the name of the public agency and briefly detail the dispute.
15. Provide a description of Proposer’s understanding of the specific project goals and requirements, highlighting those that are particularly significant to the project and the delivery of services.
16. Provide at least three (3) references for which your firm has performed similar services. Provide a brief synopsis of the services preformed and contact information for each reference. Emphasis will be placed on references that are local government entities. The County reserves the right to contact any references provided.
17. Approach and Understanding of Requirements, and any “value added” qualifications which should also be noted as part of this RFP submittal.
18. Submit a technical proposal describing the detailed scope of work including specifying tasks (and forms if preparation of the analysis involves other firms) that will be completed to accomplish the Scope of Work outlined in the RFP’s Exhibit A. This shall include:
• Statement of approach to the project;
• Detailed work plan;
• Detailed timeline;
• Specific staffing procedures; and
• Detailed resource plan.
19. Proposers shall identify what coordination and meetings the County will be required to provide.
Proposal documents not identified above shall be included in a section labeled “Other RFP documents.”
5.3.3 Part Three – Pricing Proposal
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One (1) Pricing Proposal is required to be uploaded electronically via the County’s vendor portal set forth on page 1 of this RFP; and One (1) original hard-copy Pricing Proposal is required to be received in office prior to the due date.
The Pricing Proposal shall be submitted in its own separately sealed envelope, marked “PRICING PROPOSAL”. The Pricing Proposal shall include the following:
1. A document that details the total cost in U.S. dollars to the County for the proposal being submitted.
2. Proposers shall provide the Pricing Proposal within the time allotment for completing the scope of work outlined in the RFP. This shall form the basis for payments to the successful proposer, as well as for adjustments to the value of the Agreement in the event the scope of work varies from that proposed.
3. The Proposer shall provide a Pricing Proposal to complete the project in the timeframe indicated in Section One, Item 1.3; Agreement Duration. Should the County and the successful Proposer mutually agree to renew the Agreement, the pricing provided by the Proposer in its RFP response for the subsequent years shall be utilized.
4. All costs incurred and billed to the County, including labor, materials, reimbursable expenses, overhead and profit shall be included within the Pricing Proposal. #4..
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SECTION SIX—EVALUATION CRITERIA AND PROPOSER SELECTION
6.1 Evaluation of Proposals
This section identifies the selection process, evaluation criteria, and steps that shall be used in evaluating Proposer responses. Award may be made to the Proposer whose Proposal is most advantageous the County, taking into consideration: a) the Proposer’s conformance to the requirements in the RFP; b) the Proposer’s qualifications and ability to perform the service required within the specified time; c) the quality of performance in previous contracts and references; d) financial ability to perform the contract; and e) pricing. The County reserves the right to cancel the solicitation and to reject any or all Proposals in whole or in part and is not bound to accept any Proposals if rejection of that quote is determined to be contrary to the best interest of the County.
6.2 Selection Process
The County shall establish an Evaluation Committee (EC) composed of representatives from the County for the purpose of evaluating the Proposals received in response to this RFP. The County may elect to include as part of the Committee qualified representatives from other agencies or entities.
The EC shall be responsible for performing the evaluations of each Proposal, including an evaluation of the proposed cost. Each member of the EC shall rate the Proposals separately unless the Proposals are technical in nature. In such cases a subject matter expert may be called upon to score that section of the RFP for all Proposals. The scores of each member of the EC shall then be averaged to provide a total score for each of the Proposers.
Proposal documentation requirements set forth in this RFP are designed to provide guidance to the Proposer concerning the type of information that shall be used by the EC. Proposers shall be prepared to respond to requests by the EC for oral presentations, facility surveys, and other items deemed necessary to assist in the detailed evaluation process. Proposers are advised that the County, at its option, may award this Proposal on the basis of the initial Proposals.
6.3 Evaluation Phases
It is anticipated that the following steps will be performed by the Evaluation Committee (EC) in evaluating Proposals; however, a strict observance to the evaluation steps is not required. A description of each evaluation step is provided below:
6.3.1 Phase I: Evaluate Proposal Submission and Financials (Pass/Fail) Phase I is a pass/fail evaluation of submission completeness (“responsiveness”) and the financial viability of the Proposer. GSA-Purchasing will conduct a pass/fail analysis of (a) each submitted Proposal package for completeness and (b) the financial stability of each Proposer based upon the Financial Report submitted. During Phase I, the Proposals will remain unopened and be retained by Purchasing. Upon completion of its analysis, Purchasing will forward the Proposals submitted by Proposers who passed Phase I to the Evaluation Committee (EC). The Pricing Proposals will remain with Purchasing until the EC has completed the evaluation of the Qualification Proposals. #4..
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6.3.2 Phase II: Qualification Proposal Evaluation
In Phase II, the EC will review and evaluate the Qualification Proposals, and each Proposer will be given a score. During this phase, reference checks may be performed, and Proposers may be interviewed. Should the County exercise the option to interview, only those Proposers judged by the EC to be the most qualified to perform the work contemplated herein shall be placed on an "interview list." Those Proposers on the interview list shall be requested to make a formal presentation of their Proposals to the County. On the basis of the oral presentation and the written Proposal, the evaluators shall make a final ranking of potential Proposers.
6.3.3 Phase III: Proposed Pricing
In Phase III, Purchasing shall evaluate pricing using a weighted average, with the lowest price assigned 100% of the points possible.
In determining the amount proposed by each Proposer, the County shall disregard the mathematical errors in addition, subtraction, multiplication and division that appear obvious on the face of the Proposal. When an item price is required to be set forth in the Proposal and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the County's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the County, such a procedure would be inconsistent with the policy of the Proposal procedure. For purposes of evaluating price Proposals, the total paid for each such item of work shall be based upon the item price and not the total price.
Should the Proposal contain only a total price for the item and the item price is omitted, the County shall determine the item price by estimated quantities of work to be performed as items of work. If the Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete, and the Proposal shall be disregarded.
6.3.4 Calculation of Final Score
Upon completion of all phases of the evaluation process, the scores shall be totaled. The proposals shall be evaluated on the following categories considering the maximum weight possible for each category as listed below:
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EVALUATION CATEGORIES MAXIMUM POINTS
PHASE I PASS/FAIL
PHASE I – Review and Evaluate Financials
Notify Proposers Not Proceeding onto Phase II PASS/FAIL PHASE II 110 MAXIMUM POINTS
Proposer’s Response 20
Qualifications 40
Understanding the Project 25
Quality of Response/Other “Value Added” Factors 15
References 10
Sub Total for Proposal Points: 110
Notify Proposers Proceeding to Phase III (min. score of 80 required) PHASE III 50 MAXIMUM POINTS
Phase III – Pricing Proposal 50
TOTAL POSSIBLE POINTS: 160
6.4 Award
Award may be made to the Proposer whose Proposal is most advantageous the County, taking into consideration: a) the Proposer’s conformance to the requirements in the RFP; b) the Proposer’s qualifications and ability to perform the service required within the specified time; c) the quality of performance in previous contracts and references; d) financial ability to perform the contract; and e) pricing. The County reserves the right to cancel the solicitation and to reject any or all Proposals in whole or in part and is not bound to accept any Proposals if rejection of that quote is determined to be contrary to the best interest of the County. #4..
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SECTION SEVEN - STANDARD CONTRACT INFORMATION
7.1 Agreement Approval
The RFP and the selection processes do not obligate the County and do not create rights, interests, or claims of entitlement in the apparent best evaluated Proposer. Contract award and County obligations pursuant thereto shall commence only after the contract is signed by the Proposer, the Purchasing Agent, and by all other County officials as required by County ordinances and regulations to establish a legally binding agreement.
7.2 Agreement Payments
Agreement payments shall be made in accordance with the payment terms and conditions set forth in the final contract. No payment shall be made until the agreement is fully executed and approved as required by County ordinances and regulations. Under no conditions shall the County be liable for payment of any type associated with the contract or responsible for any work done by the proposer regardless of whether work was done in good faith and upon verbal direction to proceed with the delivery of services, if such direction occurs before (a) the agreement start date specified by the agreement or (b) agreement approval by County officials as required by applicable statutes and rules of the County of Stanislaus.
7.3 RFP and Proposal Incorporated into Final Contract
This RFP and the successful proposal shall be incorporated into the final agreement.
7.4 Agreement Monitoring
The County may employ all reasonable means to ensure that the services are progressing and being performed in compliance with the agreement. At reasonable times, the County may inspect those areas of the successful proposer’s leased space that are related to the performance of the contract. If the County requires such an inspection, the successful proposer shall provide reasonable access and assistance.
The County shall name an administrative liaison (Owner’s Representative) to function as the Contractor’s primary contact for daily operations. In addition, County shall designate one administrator who has final responsibility for administration of the contract and resolution of any disputes.
7.5 Agreement Amendment
During the course of this agreement, the County may request the successful proposer to perform additional work for which the successful proposer would be compensated. Such work shall be within the general scope of this RFP. In such instances, the County shall provide a written description of the additional work, and the successful proposer shall submit a time schedule for accomplishing the additional work and a price for the additional work based on the rates included in the successful proposer’s response to this RFP. If the County and the successful proposer reach an agreement regarding the work and associated compensation, said agreement shall become effective by means of a agreement amendment. Any such amendment requiring additional work must be mutually agreed upon by the parties and signed by the successful proposer and the head of the procuring County agency and must be approved by other County officials as required by County laws and regulations. The successful proposer shall not commence additional work until the County has issued a written agreement amendment and secured all required approvals.
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7.6 Sample Agreement:
SAMPLE
MASTER ON-CALL PUBLIC WORKS AGREEMENT
PEST CONTROL SERVICES
This Master On Call Public Works Agreement (“Agreement”) is made and entered into by and between the County of Stanislaus (“County”) and ________________., a ________________corporation (“Contractor”) on ________________, 2025.
INTRODUCTION
WHEREAS, the County has a need for _______________ services; and WHEREAS, Contractor is a contractor licensed as a (license number(s)/category(s) contractor (License No. _______) and is specially trained, experienced and competent to perform and has agreed to provide such services.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
2 Scope of Work.
2.9 General Scope of Work and Exhibits. Following execution of this contract, Contractor shall provide __________________________________________________, as that work and services are set forth in this Agreement and the following exhibits which are attached hereto and incorporated herein by this reference:
Exhibit A (Scope of Services, referred to herein as “Services”) Exhibit B (Insurance Requirements)
Exhibit C (Pricing Proposal/List of Locations)
Exhibit D (Stanislaus County Integrated Pest Management Policy) Exhibit E (Contractor Certifications)
Exhibit F (Labor Code and Prevailing Wage Requirements) Exhibit G (Form of Purchase Order)
2.10 Services Proposal. The Services shall be completed on a project-by-project basis with each such project being separately approved by the County through a Purchase Order.
Contractor shall provide a written proposal to County for each individual project specifying which of the Services are to be completed for that project. These proposed Services shall be requisitioned via a separately-approved Purchase Order entered in Oracle. Such Purchase Orders which, when fully executed, shall be incorporated herein by this reference. The County offers no assurances that there will be any Purchase Orders, and the Purchase Orders will be issued (if at all), subject to this Agreement.
2.11 Proposal, Billing Rates, Commencement Date, Completion Date. The itemized proposal submitted by Contractor for each individual project shall set forth the Services to be performed, the number hours to complete the project, and the applicable hourly billing rates set forth in Exhibit C. The Purchase Order shall set forth a Not To Exceed amount. The Purchase Order shall include the Commencement Date and the Completion Date for the work to be completed by Contractor under the Purchase Order.
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2.12 Subcontractors. If the Contractor deems it appropriate to employ or retain a subcontractor in connection with the performance of the services under this Agreement other than for “wire-pulling”, the Contractor will so advise the County and seek the County's prior written approval of such employment or engagement.
2.13 Performance. Upon complete execution of the Purchase Order by the County and Contractor, the Contractor shall timely perform those Services for that specific project in accordance with the approved Purchase Order and as directed by the County’s Facility Maintenance Manager or department designee. Time is of the essence under each Purchase Order.
2.14 Ownership of Records. All documents and drawings prepared or produced by Contractor under this Agreement are property of the County, and may be used by the County for any lawful purpose without additional compensation.
2.15 Laws. The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state, County and local laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement.
3 Compensation.
7. 3.9 Total Compensation. Contractor shall be compensated for Services performed under a Purchase Order, based on the Billing Rates Schedule as set forth in Exhibit __, as provided in each Purchase Order. County shall not be required to pay more than the maximum amount specified in any Purchase Order, regardless of Contractor’s level of effort required to perform the Services.
Compensation payable to Contractor under a Purchase Order shall include all labor, material, transportation, insurance, subcontractors, services and the Services required under this Agreement and the Purchase Order. Except as otherwise expressly agreed by the County, the agreed rates include all Contractor costs, including benefits, overtime, travel and reimbursables.
3.10 Billing Rates. Rates on Billing Rate Schedule shall remain fixed throughout Agreement term.
3.11 Additional Compensation. Except as expressly provided in this Agreement or a Purchase Order, Contractor shall not be entitled to nor receive from the County any additional consideration, compensation, salary, wages or other type of remuneration for Services rendered under this Agreement, including, without limitation, meals, lodging, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to any compensation or benefits payable to County employees, including, without limitation, insurance, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays or other paid leaves of absence of any type or kind whatsoever.
3.12 Contract Limit. The total amount of the of compensation to Contractor under this contract shall not exceed $________.
3.13 Monthly Statements. Contractor shall provide the County with a monthly statement, as Services warrant, of fees earned and permissible costs incurred (if any) for Services provided during the billing period, which the County shall pay within 30 days of the date each statement is approved by the County. The statement shall generally describe the Services performed, the applicable rate or rates, the basis for the calculation of fees, the balance due on the #4..
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Statement, and the balance of funds available under this Agreement, after subtracting amounts paid to date. All statements for Services provided shall be forwarded in the same manner and to the same person and address that is provided for service of notices herein.
3.14 Tax Withholding. The County will not withhold any Federal or State income taxes or Social Security tax from any payments made by the County to Contractor under this Agreement.
Payment of all taxes and other assessments on such sums is Contractor’s sole responsibility. The County has no responsibility or liability for payment of Contractor’s taxes or assessments. 4 Term.
4.9 Term. The term of this Agreement shall commence on ________________, and shall terminate _____ years from the effective date (________________, ) unless terminated earlier as provided below. This agreement will not automatically renew but may be renewed for two (2) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in the form of an amendment to the Agreement. In no case shall the renewal extend beyond ________________. The term for each separately approved Purchase Order.
4.10 Default. Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
4.11 Termination by County. The County may terminate this Agreement, with or without cause, upon 15 days’ prior written notice. Termination of this Agreement shall not affect the County’s obligation to pay for all fees earned and reasonable costs necessarily incurred by the Contractor, subject to any applicable setoffs.
4.12 Termination Upon Insolvency of Contractor. At the option of the County, this Agreement may terminate on the occurrence of (a) bankruptcy or insolvency of Contractor, or (b) sale of Contractor’s business.
5 Representatives. Each party shall designate a representative, authorized to act on the party’s behalf with respect to this Agreement. Contractor hereby designates ____________, Project Manager.
Owner hereby designates ________________, Facilities Maintenance Manager of Stanislaus County General Services Agency. The parties or such authorized representatives shall render required decisions promptly, to avoid unreasonable delay in the progress of Contractor’s services. Each party may delegate all or some of its representative’s role and function to some other representative. Refer to contact information below.
For County:
Project Manager/title
County Department
Address
Address
Phone Number
e-mail address
For Contractor:
Project Manager
Company Name
Address
Address
Phone Number
e-mail address
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6 Required Licenses, Certificates and Permits. Any licenses, certificates or permits required by the federal, state, county or municipal governments for Contractor to provide the services and work described in Exhibit A of this Agreement must be procured by Contractor and be valid at the time Contractor enters into this Agreement. Further, during the term of this Agreement, Contractor must maintain such licenses, certificates and permits in full force and effect. Licenses, certificates and permits may include but are not limited to driver's licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by Contractor at no expense to the County.
7 Office Space, Supplies, Equipment, Etc. Unless otherwise provided in this Agreement, Contractor shall provide such office space, supplies, equipment, vehicles, reference materials and telephone service as is necessary for Contractor to provide the services under this Agreement. The Contractor - not the County - has the sole responsibility for payment of the costs and expenses incurred by Contractor in providing and maintaining such items.
8 Insurance. Contractor shall procure and maintain for the duration of the Agreement the insurance set forth in Exhibit B to this Agreement attached hereto and incorporated here by this reference. 9 Indemnity / Liability. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend with counsel approved by County and at Contractor’s sole cost and expense, and hold harmless County, its Board of Supervisors, officers, officials, officials, representatives, agents, employees and volunteers (“Indemnitees”) from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are connected in any way with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or County Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor shall not be obligated to indemnify or defend the County for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the County. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to County, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law.
Contractor’s obligation to defend, indemnify and hold the Indemnitees harmless under the provisions of this paragraph shall not be limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy or policies of insurance. 10 Order of Precedence. In the event of inconsistency among any of the documents pertaining to the subject matter of this Agreement, the following order of precedence applies:
10.9 This Agreement shall prevail over all other documents;
10.10 The attachments to this Agreement and the Purchase Order shall prevail over the RFQ/P and the response to the RFQ/P; and
10.11 The RFQ/P shall prevail over the response to the RFQ/P. 11 Contractor Certifications. By execution of this Contract by Contractor, Contractor is making the certifications set forth in Exhibit D attached hereto and incorporated herein by this reference. 12 Prevailing Wages. This work is subject to applicable Labor Code and Prevailing Wage requirements as set forth in Exhibit E attached hereto and incorporated herein by this reference. 13 Status of Contractor.
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13.9 Independent Contractor. All acts of Contractor and its officers, employees, agents, representatives, subcontractors and all others acting on behalf of Contractor relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers or employees of the County. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of the County. Except as expressly provided in this Agreement or in any approved Purchase Order, Contractor has no authority or responsibility to exercise any rights or power vested in the County. It is understood by both Contractor and the County that this Agreement shall not be construed or considered under any circumstances, to create an employer—employee relationship, partnership, or a joint venture. If in performing this Agreement Contractor utilizes any third persons (including without limitation subcontractors) they shall be entirely and exclusively under Contractor’s direction, supervision and control. Contractor shall determine all retention terms, including, without limitation, hours, wages, working conditions, discipline, hiring and discharging and any other employment term or legal requirement. Contractor shall indemnify and hold the County harmless from any and all claims that may be made against the County based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
13.10 Conduct as Independent Contractor. At all times during the term of this Agreement, the Contractor and its officers, employees, agents, representatives or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of the County.
13.11 Means of performing Work. Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement.
Contractor shall be responsible to the County only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to the County's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
13.12 Third Person Employment. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment or requirement so law, shall be determined by the Contractor.
13.13 Services to Others. Contractor is permitted to provide services to others during the same period service is provided to the County under this Agreement, provided, however, that such services do not conflict directly or indirectly with the performance of the Contractor’s obligations under this Agreement.
13.14 W-2 Forms. It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s assigned personnel under the terms and conditions of this Agreement.
13.15 Claims by Third Parties. As an independent contractor, Contractor hereby indemnifies and holds the County harmless from any and all claims that may be made against the County based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
14 Records and Audit.
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14.9 Term of Maintenance. Contractor shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement, or longer if provided in a Purchase Order. This includes any handwriting, typewriting, printing, photostatic, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.
14.10 Access to Writings. Any authorized representative of the County shall have access to any writings as defined above for purposes of making audit, evaluation, or examination, excerpts and transcripts during the period such records are to be maintained by Contractor. Further, the County has the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement. When the County receives financial support through grant funding, the auditors of the State of California shall have the right to examine the records of the Contractor relative to the services and materials provided under any Purchase Order. 15 Nondiscrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental handicap, medical condition (including genetic characteristics), marital status, age, political affiliation, sexual orientation, or sex. Contractor and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the County's nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations. Said regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
16 Assignment. This is an agreement for the services of Contractor. The County has relied upon the skills, knowledge, experience and training of Contractor and the Contractor’s firm, associates and employees as an inducement to enter into this Agreement. Contractor shall not assign or subcontract this Agreement without the express written consent of the County. Further, Contractor shall not assign any monies due or to become due under this Agreement without the prior written consent of the County. 17 Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below. 18 Notice. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which Contractor or the County shall be required or may desire to make, shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:
To County: Stanislaus County Purchasing Agent
1010 10th Street, Suite 5400
Modesto, CA 95354
Phone: 209.525.6319
To Contractor: Company Name:
Attention: Project Manager
Address:
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Address:
Phone:
This Section 17 does not apply to ordinary project communications, which may be transmitted by email or any other manner approved by the parties.
19 Conflicts. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future conflict of interest between providing the services hereunder and any interest Contractor may presently have, or will have in the future, with respect to any other person or entity which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the County.
20 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement for the County, will be kept confidential and not be disclosed to any other person. Contractor will immediately notify the County in writing if it is requested to disclose any information made known to or discovered by Contractor during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to the County hereunder.
21 Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or County statute, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable. 22 Amendment. This Agreement may be modified, amended, changed, added to or subtracted from by the mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.
8. 23 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. 24 Construction. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.
25 Governing Law and Venue. This Agreement shall be deemed to be made under, and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
26 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Amendment may be executed and delivered by electronic signature (including portable document format) by either of the parties and the receiving party may rely on the #4..
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receipt of such document so executed and delivered electronically as if the original had been received. 27 Certification Regarding Economic Sanctions Pursuant To California State Executive Order N-6-22
27.9 Contractor shall review their investments and contracts to ensure their compliance with economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions), and to take actions to support the Ukrainian government and people, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and by directly providing support to the government and people of Ukraine.
27.10 County shall terminate any contract with any individual or entity that is in violation of Executive Order N-6-22 or that is subject to economic sanctions therein, and shall not enter a contract with any such individual or entity while the Order is in effect.
27.11 For contracts valued at $5 million or more, Contractor shall provide a written report to the County regarding compliance with economic sanctions and steps taken in response to Russia’s action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Order is in effect.
[ SIGNATURES APPEAR ON FOLLOWING PAGE ]
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IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement on the day and year first hereinabove written.
COUNTY OF STANISLAUS
By: _______________________________
Andrew Johnson, GSA Director/Purchasing Agent
"County"
COMPANY NAME
By: ______________________________
Name/Title
"Contractor"
Note: by execution of this Agreement, Contractor is
making the certifications set forth on Exhibit D and
acknowledges the Labor Code and Prevailing
Wage Requirements on Exhibit E.
APPROVED AS TO FORM:
STANISLAUS COUNTY COUNSEL
Thomas E. Boze
By: _______________________________
Thomas E. Boze, County Counsel
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EXHIBIT A
SCOPE OF WORK
PEST CONTROL SERVICES
A. SCOPE OF SERVICES
Stanislaus County is procuring the services of a qualified service provider to obtain ongoing indoor/outdoor pest control services for County facilities. On-call outdoor pest control services may also be requested at any location in the public right-of-way or public property including parks.
The pest control service provided selected by Stanislaus County will provide assessment, evaluation, monitoring, recommendations, and pest management services. a. Contractor shall furnish all supervision, labor, materials, and equipment necessary to accomplish the monitoring and assessment trapping, and other non-chemical methods, pesticide application and pest removal component Stanislaus Counties Integrated Pest Management Plan (attached) at facilities as required.
b. Contractors submitting a proposal shall possess a valid and current California Qualified Applicator (QAL) and a valid and current California Structural Pest Control Operators License and maintain current registration in Stanislaus County, and comply with all other license, insurance and permit requirements of the City, State and Federal governments, as required by law to perform the work. Contractor shall maintain all required licenses and permits during the course of the contract and contractor employees shall be trained and licensed in accordance with the law.
c. Contractor shall comply with the Stanislaus Counties Integrated Pest Management Plan (IPM) Policy (attached) and always follow integrated pest management practices to control pests and minimize use of toxic materials. Proposed methods shall be submitted for the Facilities Manager or designee to review and provide written approval before work proceeds. Contractors are responsible for reporting any regulatory data that is required by Federal, State, County, or any other oversight jurisdictions. d. Prohibited Pesticides - No federal or state restricted materials, or pesticides labeled with signal words “Danger” or “Warning” will be used for routine maintenance. If a contractor determines the need for a “Danger” or “Warning” labeled pesticide for non-routine treatment, the label, planned location of use, timing and precaution measures to be used must be discussed with the IPM administrator and approved prior to use. e. Contractor shall take special care to protect the public from any exposure to pest control traps, bait stations and chemicals.
Contractor shall provide all supervision, labor, materials and equipment necessary to accomplish the monitoring, trapping, pesticide application and pest removal of pest as follows:
1. Spiders, cockroaches, slugs, snails and beetles;
2. Crickets, aphids, and other hoppers;
3. Ants (all species) earwigs, sow bugs, silverfish and other crawling insects;
4. Fleas and other biting insects;
5. Wasps, hornets and other stinging insects nesting in the interior or exterior up to a maximum height of six (6) stories;
6. Moths and other flying pests;
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7. Weevils, dust mites, and other food pests; and
8. Mice, rats, gophers, squirrels, and other rodents.
Service shall be provided to occupied or unoccupied locations, but not limited to, basements, crawl spaces, offices, storage areas/rooms, closets, baseboards, plumbing and heating pipes, shelves, elevators, walls/ enclosures, kitchen, dining room, cafeteria, food preparation and storage areas, refuse containers and surrounding storage areas, offices, lavatory and shower areas, hallways and lounge areas.
The Contractor shall also provide detailed, site-specific recommendations for structural and procedural modifications to prevent future infestation. Emergency response, when required, is expected within four (4) hours, with necessary remedial action completed within one (1) business day.
Contractor shall maintain a current pest control license in accordance with the State of California Department of Pesticide as well as any/all required local business licenses.
All terms and conditions in the Agreement shall apply to various facility sites. IMPORTANT NOTICE: Once the contract is fully executed between the successful Proposer and Stanislaus County, all work performed as a result of this RFP shall be reviewed, directed and approved by County’s assigned representative through use of a “form of purchase order – Exhibit G. Any work performed in lieu of proper documentation, shall rest solely to the responsibility of the Contractor.
Thorough, timely, and quality pest control services are required throughout the County. This Scope of Work makes reference to the County’s 110+ buildings/locations, but identified buildings/locations are under no obligation to use services provided as a result of this RFP.
Exhibit “C” below lists the locations and frequency requirements per location. However, the actual billing addresses will be provided upon award of contract as the department identifies and request the use of this Master Agreement to meet their needs.
The Contractor shall complete a thorough, initial inspection of each building or site at least ten (10) working days prior to the starting date of the agreement. The purpose of the initial inspections is for the Contractor to investigate the need of all locations and identify problem areas and any equipment, structural features, or management practices that are contributing to the pest infestations.
Basic service: Interior and exterior treatment for the control of ants, roaches, spiders, beetles, moths, earwigs, fleas, silverfish, rats (mice) and/or like rodents. The agreement does not include termites or other wood-destroying organisms.
Service frequency shall insure and guarantee that all County facilities remain free from pests. If at any time, pests are found in any facility being serviced, it will be the responsibility of the contractor to, within eight (8) hours or less, take the action necessary to eliminate the problem.
Further, it is the responsibility of the contractor to remove any webs, nests and other habitat caused by the presence of spiders, insects and other pests at the facilities serviced under this agreement.
Service shall be performed after hours to cause the least amount of disruption to County services.
If interior work is necessary, this can only be performed with the building or area unoccupied.
It is mandatory that all pest control contract personnel working in security sensitive facilities (as determined by the County) pass a Department of Justice and F.B.I. background check, drug screen (at an approved medical facility) and be bondable. Results from drug screens and background checks must be submitted for each of Contractor’s employees before such employee can be assigned to these facilities can take effect. Contractor shall pay the cost of background #4..
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checks and drug tests. All of Contractor’s personnel shall receive all appropriate safety training in all aspects of pest control operations from the Contractor. All of Contractor personnel working in or around County facilities shall wear distinctive uniform clothing and identification.
The County, in advance of any application, must approve a list of all chemicals and supplies to be used. Safety Data Sheets (SDS) must be on-site and available for all chemicals used within a service area. Materials used shall comply with all federal, state and County laws and ordinances.
The Contractor shall be responsible for application of pesticides according to label. All pesticides used by the Contractor must be registered with the U.S. Environmental Protection Agency (EPA), state or local jurisdiction. Transport, handling and use of all pesticides shall be in strict accordance with the manufacturer’s label instructions and all applicable federal, state and local laws and regulations. Throughout the term of the agreement, all Contractors’ personnel providing on site pest control services must maintain certification as a commercial pesticide applicator in the category of industrial, institutional, structural and health related pest control. Uncertified individuals working under the supervision of a certified applicator will not be permitted to provide service under this agreement.
Communication with the County’s Project Manager is essential, when coordinating the work under this agreement. Contractor’s project manager shall notify the County’s facilities manager via e-mail whenever the project manager or department calls the Contractor for any work, including “special issues” such as massive bug infestation, wasp, ants, black bugs etc., and prior to scheduling any work for the County. Contractor shall notify County’s project manager by email [preferred, then there is documentation] when they arrive on site and when they depart the site and, describe what work was performed, if any.
B. ECO-FRIENDLY/GREEN PRODUCTS
All chemicals are to be eco-friendly/green to include botanical pesticides and insecticides and low impact environmentally and operationally. A complete list of chemicals and material safety data sheets ("MSDS") are to be part of the returned proposal. Contractor agrees to use good faith efforts to utilize environmentally responsible practices to minimize the adverse effects on the environment, by providing a list of all environmentally friendly materials currently in use by your firm, to be used throughout this agreement.
C. IPM Requirements
The Contractor shall follow the requirements of the County’s Integrated Pest Management (IPM) Policy to ensure the County is in compliance with its National Pollution Discharge Elimination System (NPDES) Permit and the Basin Plan Amendment (BPA) for the Control of Pyrethoid Pesticide Discharge (Resolution R5-2017-0057).
1. Contractor shall use the most current IPM technologies available to ensure the longterm prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the control or management of pests in and around County buildings and facilities.
2. Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
b. Except for pesticides granted an emergency exemption, the County shall not use any products on the prohibited use product list. If it is determined that an EPA registered pesticide must be used, then the least-toxic material shall be #4..
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40 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
chosen;
3. Prohibited Use Products: Pesticides used by the County shall not contain the following ingredients:
a) Organophosphates, or organochlorines, or carbamates listed by the United States Environmental Protection Agency (Office of Pesticides Programs, Document 735‐F‐99‐14, May 1999), or California Department of Pesticide Regulation Chemical Inquiries Database.
b) Glyphosate or glyphosate containing products.
4. Banned Use Areas: Except in the case of an emergency, no pesticides will be applied on County playground properties.
Notification of Pesticide Applications
1. The County shall provide the public and its employees with notification of pesticide applications through the use of signs at all school sites as required by the Healthy Schools Act.
2. Contractor shall provide to the County project manager an annual Report of all pesticide usage in support of County operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide.
3. Contractor shall include a brief description with their annual pesticide usage Report of IPM tactic or strategies implemented in the reporting year (i.e., non-chemical strategies such as monitoring, trapping, redesign of problematic landscapes, improving sanitation, etc.).
4. Contractor shall provide a copy of any current IPM certifications to the Counties project manager prior to initiation of the service work. **For complete information on IPM Policy refer to Exhibit D. #4..
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41 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
EXHIBIT B
PEST CONTROL SERVICES
INSURANCE REQUIREMENTS
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42 RFP 25-11-DQ
STANISLAUS COUNTY COUNTYWIDE
PEST CONTROL SERVICES
EXHIBIT C
PEST CONTROL SERVICES
PRICING PROPOSAL & LIST OF LOCATIONS
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EXHIBIT C
PRICING PROPOSAL/LIST OF LOCATIONS
The parties hereto acknowledge the maximum amount to be paid by the County for services provided during the three year term of this Agreement shall not exceed $_______________, including, without limitation, the cost of any subcontractors, consultants, experts or investigators retained by the Contractor to perform or to assist in the performance of its work under this Agreement.
PRICING VALID FOR YEARS 1-3
COUNTY OFFICE ADDRESS SQ. FT.
PER
BLDG
RECMND.
FREQUENCY
MONTHLY
AMOUNT
ALTERNATE
MONTHLY
AMOUNT
ANNUAL
AMOUNT
Agricultural Center (GSA)
AG. CENTER, BLDG. A
(STANISLAUS BLDG)
3800 CORNUCOPIA
WAY MODESTO, CA
56,315 Alternate
Monthly
AG. CENTER, BLDG. B
(HARVEST HALL)
3800 CORNUCOPIA
WAY MODESTO, CA
12,544 Alternate
Monthly
AG. CENTER, BLDG. C
(TUOLOMNE BLDG)
3800 CORNUCOPIA
WAY MODESTO, CA
18,184 Alternate
Monthly
AG. CENTER, BLDG. D
(ENCLOSED WAREHOUSE)
3800 CORNUCOPIA
WAY MODESTO, CA
10,854 Alternate
Monthly
AG. CENTER, BLDG. E
(OPEN WAREHOUSE)
3800 CORNUCOPIA
WAY MODESTO, CA
6,564 Alternate
Monthly
Behavioral Health (BHRS)
BEHAVIORAL HEALTH
TRAILER
800 SCENIC DR
MODESTO, CA
720 Alternate
Monthly
BEHAVIORAL HEALTH
BLDGS A & H
800 SCENIC DR
MODESTO, CA
3,200 Alternate
Monthly
BEHAVIORAL HEALTH
BLDG B
800 SCENIC DR
MODESTO, CA
2,452 Alternate
Monthly
BEHAVIORAL HEALTH
BLDG C
800 SCENIC DR
MODESTO, CA
3,129 Alternate
Monthly
BEHAVIORAL HEALTH
BLDG D
800 SCENIC DR
MODESTO, CA
3,004 Alternate
Monthly
BEHAVIORAL HEALTH
BLDG E
800 SCENIC DR
MODESTO, CA
2,856 Alternate
Monthly
BEHAVIORAL HEALTH
BLDG F
800 SCENIC DR
MODESTO, CA
3,617 Alternate
Monthly
BEHAVIORAL HEALTH
BLDG G
800 SCENIC DR
MODESTO, CA
2,567 Alternate
Monthly
BEHAVIORAL HEALTH
BLDG J
800 SCENIC DR
MODESTO, CA
2,789 Alternate
Monthly
STANISLAUS RECOVERY
CENTER
1904 RICHLAND AVE
CERES, CA
41,932 Monthly
FAMILY PARTNESHIPS CENTER 421 E. MORRIS,
MODESTO, CA
5,950 Alternate
Monthly
MHSS/CMAT 707 14TH STREET,
MODESTO, CA
3,216 Alternate
Monthly
BHOE/AOT 1917 MEMORIAL DR,
CERES, CA
4,340 Monthly
STAN. RECOVERY CTR (G1, G2,
& G3)
1904 RICHLAND
CERES, CA
30,476 Monthly
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TRAINING BLDG. – SUITE 147 1581 Cummins Dr.,
Modesto, CA 95358
3,699 Alternate
Monthly
BUILDING A, B -
CCP/EMO/PG/CI/CICS/ADULT
MED
500 N. 9TH STREET,
MODESTO, CA
22,712 Alternate
Monthly
County Centers (GSA)
CENTER II
WAREHOUSE I
714 SCENIC DR
MODESTO, CA
1,200 Alternate
Monthly
CENTER II
WAREHOUSE II
714 SCENIC DR
MODESTO, CA
1,200 Alternate
Monthly
COUNTY CENTER III BLDG. I 917 OAKDALE RD
MODESTO, CA
23,544 Alternate
Monthly
COUNTY CENTER III, BLDG II
(USPS)
921 OAKDALE RD
MODESTO, CA
25,720 Alternate
Monthly
COUNTY CENTER IV MAIN
BUILDING
1716 MORGAN RD
MODESTO, CA
9,504 Alternate
Monthly
COUNTY ANNEX VI (SBT, formerly
City Hall)
801 11TH ST
MODESTO, CA
47,525 Twice a
Month
ADMIN. ANNEX IV (CLERK
RECORDER)
1021 I STREET
MODESTO, CA
42,000 Alternate
Monthly
CERES STORAGE FACILITY 1900 MEMORIAL DR
CERES, CA
34,000 Alternate
Monthly
CIVIL TRAILER 800 11TH ST
MODESTO, CA
2,100 Alternate
Monthly
MANCINI HALL
718 TOULUMNE
MODESTO, CA
3,825 Alternate
Monthly
PURCH. WAREHOUSE I
(ELECTIONS)
909 CENTER III
MODESTO, CA
14,400 Alternate
Monthly
PURCH. WAREHOUSE II
(CENTRAL STORES)
909 CENTER III
MODESTO, CA
13,600 Alternate
Monthly
12th & I OFFICE BUILDING 832-12th STREET
MODESTO, CA
90,000 Alternate
Monthly
12th & I PARKING GARAGE 826-12th STREET
MODESTO, CA
242,056 Alternate
Monthly
WATER RESOURCE BLDG. 303 S. 1ST ST.,
PATTERSON
7,000 Alternate
Monthly
FACILITIES MAINTENANCE
CARPENTER
1716 MORGAN RD
MODESTO, CA
2,740 Alternate
Monthly
FLEET SERVICES 448 E. HACKETT
ROAD MODESTO CA
13,260 Alternate
Monthly
GRAYSON COMMUNITY CENTER 8900 LAIRD RD.
GRAYSON, CA
33,165 Alternate
Monthly
STANISLAUS REGIONAL 9-11 3705 OAKDALE RD
MODESTO, CA
18,000 Alternate
Monthly
Community Services Agency
(CSA)
COMMUNITY SERVICES
FACILITY MAIN (CSF MAIN)
251 E. HACKETT RD
MODESTO, CA
252,355 Monthly
COMMUNITY SERVICES
FACILITY MAIN (CSF MAIN)
251 E. HACKETT RD
MODESTO, CA
252,355 Monthly
(squirrel
control)
COMMUNITY SERVICES
FACILITY MAIN (CSF MAIN)
251 E. HACKETT RD
MODESTO, CA
252,355 Monthly
(Gopher
Control)
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COMMUNITY SERVICES
FACILITY
1310 W. Main Street
Turlock, CA
34,996 Monthly
COMMUNITY SERVICES
AGENCY (PATTERSON)
101 W. LAS PALMAS
PATTERSON, CA
15,300 Monthly
ACCESS CENTER 912 D STREET
MODESTO, CA
4,200 Monthly
WINMOORE WAREHOUSE 617 WINMORE D & E,
MODESTO, CA
9,000 Monthly
OAKDALE FACILITY 1405 W. F ST.,
OAKDALE, CA
8,000 Monthly
County Facilities (CEO)
MANCINI HALL 718 TUOLUMNE
BLVD, MODESTO, CA
3,884 Alternate
Monthly
PURCHASE WAREHOUSE I 909 CENTER,
MODESTO, CA
11,900 Alternate
Monthly
PURCHASE WAREHOUSE II
CENTER III
909 CENTER,
MODESTO, CA
13,600 Alternate
Monthly
D.A. Child Abduction Unit
12 & I OFFICE 832-12TH STREET,
MODESTO, CA
58,650 Alternate
Monthly
12 & I PARKING 826 12TH STREET,
MODESTO, CA
219,061 Alternate
Monthly
Dept of Environmental
Resources (DER)
ENVIRONMENTAL RESOURCES 4000 FINK RD
CROWS LANDING, CA
2,626 Monthly
GEER ROAD LANDFILL
GWTES BUILDING
750 GEER ROAD,
MODESTO, CA
1,300 Alternate
Monthly
General Services Agency (GSA)
GENERAL SERVICES AGENCY 625 I STREET,
MODESTO, CA
28,725 Alternate
Monthly
Health Service Agency (HSA)
HSA BLDG. I 830 SCENIC DR
MODESTO, CA
17,100 Alternate
Monthly
HSA BLDG. II 830 SCENIC DR
MODESTO, CA
18,423 Alternate
Monthly
HSA BLDG. III - CHS 830 SCENIC DR
MODESTO, CA
23,287 Alternate
Monthly
HSA BUSINESS OFFICE 1030 SCENIC DR
MODESTO, CA
16,252 Alternate
Monthly
HSA CENTRAL UNIT 830 SCENIC DR
MODESTO, CA
84,110 Alternate
Monthly
HSA PED
TRAILER ANNEX
830 SCENIC DR
MODESTO, CA
3,000 Alternate
Monthly
HSA – PEDIATRICS DEPT. 830 SCENIC DR
MODESTO, CA
15,667 Alternate
Monthly
HSA – PARADISE MEDICAL 401 PARADISE RD.
MODESTO, CA
21,000 Alternate
Monthly
PUBLIC HEALTH 820 SCENIC DR
MODESTO, CA
10,439 Alternate
Monthly
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HSA WIC – CERES 1424 MITCHELL
ROAD CERES, CA
3,000 Alternate
Monthly
SHOP/BOILER ROOM 830 SCENIC DR
MODESTO, CA
17,302 Alternate
Monthly
COUNTY CENTER III – Trailer A 917 Oakdale RD
Modesto, CA
720 Alternate
Monthly
COUNTY CENTER III – Trailer B 917 Oakdale RD
Modesto, CA
2,160 Alternate
Monthly
COUNTY CENTER III – Trailer C 917 Oakdale RD
Modesto, CA
2,160 Alternate
Monthly
Libraries
CERES LIBRARY 2250 MAGNOLIA,
CERES, CA
5,000 Alternate
Monthly
EMPIRE LIBRARY 98 I St., EMPIRE CA 5,760 Alternate
Monthly
DENAIR LIBRARY 4801 KERSEY RD,
DENAIR, CA
2,003 Alternate
Monthly
HUGHSON LIBRARY 2412 A, 3RD ST.
HUGHSON, CA
2,100 Alternate
Monthly
MODESTO MAIN LIBRARY 1500 I ST
MODESTO, CA
62,000 Alternate
Monthly
NEWMAN LIBRARY 1305 KERN
NEWMAN, CA
2,613 Alternate
Monthly
OAKDALE LIBRARY 151 S. FIRST AVE
OAKDALE, CA
6,500 Alternate
Monthly
PATTERSON LIBRARY 46 N. SALADO AVE
PATTERSON, CA
4,070 Alternate
Monthly
RIVERBANK LIBRARY 3442 SANTA FE
RIVERBANK, CA
3,594 Alternate
Monthly
SALIDA BRANCH LIBRARY &
COMMUNITY CENTER
4835 SISK ROAD
MODESTO, CA
56,000 Alternate
Monthly
TURLOCK LIBRARY 550 MINARET AVE
TURLOCK, CA
10,000 Alternate
Monthly
WATERFORD LIBRARY 324 E. STREET
WATERFORD, CA
2,170 Alternate
Monthly
Public Works
PW PUBLIC WORKS MAIN BLDG. 1716 MORGAN RD
MODESTO, CA
17,000 Alternate
Monthly
Probation Department
JUVENILE JUSTICE CENTER
(JUVENILE HALL & ADMIN)
2215 BLUE GUM AVE
MODESTO, CA
81,106 Monthly
JUVENILE COMMITMENT
CENTER
2215 BLUE GUM AVE
MODESTO, CA
47,207 Monthly
STAN COUNTY DAY REPORTING
CENTER (DRC)
190 E. HACKETT
ROAD, MODESTO, CA
13,224 Monthly
COUNSELING MODULAR UNIT 2215 BLUE GUM AVE
MODESTO, CA
1,140 Alternate
Monthly
TRAINING A – MODULAR UNIT 2215 BLUE GUM AVE
MODESTO, CA
2,160 Alternate
Monthly
HR OFFICE 2215 BLUE GUM AVE
MODESTO, CA
2,160 Monthly
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EDUCATION CENTER 2215 BLUE GUM AVE
MODESTO, CA
500 Alternate
Monthly
TRAILER A 2215 BLUE GUM AVE
MODESTO, CA
1,800 Alternate
Monthly
TRAILER B 2215 BLUE GUM AVE
MODESTO, CA
1,800 Alternate
Monthly
TRAILER C 2215 BLUE GUM AVE
MODESTO, CA
1,400 Alternate
Monthly
Sheriff Department
PUBLIC SAFETY CENTER 200 E. HACKETT RD
MODESTO, CA
148,000 Monthly
PSC SUPPORT SERVICES 200 E. HACKETT RD
MODESTO, CA
47,580 Monthly
PSC MINIMUM HOUSING 200 E. HACKETT RD
MODESTO, CA
70,000 Alternate
Monthly
PSC PROGRAMS TRAILER 200 E. HACKETT RD
MODESTO, CA
1,800 Alternate
Monthly
SHERIFF’S OPERATION CENTER 250 E. HACKETT RD
MODESTO, CA
41,616 Alternate
Monthly
SHERIFF’S FIELD & TRACK 3805 CORNUCOPIA
MODESTO, CA
5 acres Weekly
(Gophers)
PUBLIC SAFETY 424 E. HACKETT
MODESTO, CA
219,000 Weekly
(Ground
squirrels)
SHERIFF – IT DEPARTMENT
(Modules)
250 E. HACKETT RD
MODESTO, CA
6,000 Alternate
Monthly
B.A.S. 424 E. HACKETT
MODESTO, CA
1,200 Alternate
Monthly
RAY SIMON CENTER
(CLASSROOM)
3805 CORNUCOPIA
MODESTO, CA
8,582 Alternate
Monthly
RAY SIMON CENTER
(GYM)
3805 CORNUCOPIA
MODESTO, CA
11,873 Alternate
Monthly
RAY SIMON CENTER
(TRAILER)
3805 CORNUCOPIA
MODESTO, CA
2,160 Alternate
Monthly
COURT HOLDING (MEN’S) 1115 H ST
MODESTO, CA
53,208 Twice a
month
CORONER 921 OAKDALE RD
MODESTO, CA
3,520 Alternate
Monthly
IWF PROGRAM CLASS ROOM 450 E. HACKETT
MODESTO, CA
1,200 Alternate
Monthly
REACT CENTER 194 E. HACKETT RD
MODESTO, CA
57,268 Monthly
PSC EAST 200 E. HACKETT RD
MODESTO, CA
171,080 Monthly
K9 200 E. HACKETT RD
MODESTO, CA
2,160 Alternate
Monthly
SHERIFF EQUESTRIAN 200 E. HACKETT RD
MODESTO, CA
240 Alternate
Monthly
PRESSURIZED EXHAUST
RODENT CONTROL (PERC)
200 E. HACKETT RD
MODESTO, CA
TBD Monthly
(Gopher
Control)
– – –
UNIT 1 REC YARD (PERC) 200 E. HACKETT RD
MODESTO, CA
20 Monthly
GRAND TOTAL $
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ADDITIONAL SERVICES:
STANDARD. Scheduled maintenance and repairs will typically occur during County normal business hours:
Monday-Friday, 7:00 A.M. – 5:00 P.M. Routine repairs, service requests or other non-emergency tasks shall be completed within one (1) working day or as otherwise agreed between the County and contractor.
EMERGENCY. Twenty-four (24) hours a day, seven (7) days a week.
Selected contractor(s) shall respond to all requests for repairs or unscheduled emergency repairs as required, 24 hours per day, 365 days per year, including holidays. Response time shall not exceed the following:
30-minute verbal response
Four (4) hour response time (on-site) after verbal response
ADDITIONAL SERVICE RESPONSE
TIME
FREQUENCY
OF SERVICE
COST FOR YEARS 1-3
BED BUGS 8 Hour As Needed
$
PIGEON TRAPPING 8 Hour As Needed $______ per trap per month BIRD NETTING & EXCLUSION 8 Hour As Needed $______/hour plus materials BAT NETTING & EXCUSION 8 Hour As Needed $______/hour plus materials BAIT BOXES N/A As Needed $_____/box plus
$______/hour for service( if
applicable)
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43 RFP# 25-11-DQ
COUNTYWIDE PEST CONTROL SERVICES
EXHIBIT D
PEST CONTROL SERVICES
STANISLAUS COUNTY INTEGRATED PEST MANAGEMENT POLICY
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Stanislaus County IPM Policy 1 August 3, 2022
Pyrethroid Management Plan
IPM Policy
Stanislaus County Integrated Pest Management
Policy
I. PREAMBLE
Stanislaus County (County) is committed to implementing an Integrated Pest Management (IPM) approach to guide the management of its facilities, landscaped areas, and rights-of-way. The IPM approach promotes the protection of the residents and visitors, as well as the local waterways, and utilizes a pest management strategy that promotes the long-term suppression of pest problems with minimum impact on non-target organisms and the environment as well as a reduction in use of pesticides. Least toxic pesticides are used only after an assessment indicates such a need, consistent with the provisions of this IPM Policy.
The adoption of this IPM Policy facilitates compliance with the Phase II Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit and the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges (Resolution R5-2017-0057).
II. APPROACH
For the purposes of its IPM policy, the County adopts the following University of California Statewide Integrated Pest Management1(UC-IPM) definition:
IPM is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.
III. PURPOSE
It is the purpose and intent of this IPM Policy to:
a) Reduce reliance on and minimize the use of pesticides2 as a part of County operations and on County property and rights-of-way that may adversely impact water quality; and b) Outline how County departments are to perform pest management so that it is consistent with this IPM Policy.
IV. SCOPE
The IPM Policy governs County employees and contractors hired by County departments and persons acting under the authority of the County in the care and maintenance of County facilities, landscaped areas, and rights-of-way.
The term “pesticides” is a general term that includes herbicides, insecticides, fungicides, and rodenticides.
1 https://www2.ipm.ucanr.edu/what-is-IPM/
2 As defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural Code.
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Stanislaus County IPM Policy 2 August 3, 2022
Pyrethroid Management Plan
IPM Policy
V. POLICY
It is the policy of the County that:
1. Departments performing pest management will conform with the County’s IPM Policy.
2. The County’s IPM approach will include the following:
a) Educate and train County staff in the IPM program, practices, and policy. b) Require County staff and pesticide application contractors to implement the IPM Policy on all County facilities, landscaped areas, and rights-of-way and to maintain records on and report the types and amounts of pesticides used, as well as IPM methods considered and used to prevent and control pests.
c) Reduce to the maximum extent practicable the use of pesticides. d) Consider taking a “no-action” approach in addressing certain pest control issues. e) Review and consider available non-chemical options before using a chemical pesticide. f) Identify pests and least toxic methods to control pests. g) Identify, evaluate, and minimize or eliminate conditions that encourage pest problems. h) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or contractor knowledgeable of IPM methods. i) Maintain records on IPM methods considered and used to prevent and control pests. j) Comply with all applicable local, State of California (State), and federal regulations, including pesticide use and reporting.
k) Conduct decision-making based on the best available science and data. l) Refer residents and pest control operators to the County’s stormwater program and the Stanislaus County Department of Agricultural Weights and Measures for information on less toxic methods of pest control.
m) Provide public access to the County’s IPM Policy.
3. IPM Policy General Requirements
a) Eliminate the use of Category I pesticides.
b) Minimize the use of Category II, III, and IV pesticides. c) Eliminate the use of pesticides that are classified by government agencies as known carcinogens, reproductive toxicants (teratogens, mutagens), endocrine disruptors, carbamates, organophosphates, or ground water contaminants. d) Use pesticides only when necessary and select a pesticide that is both effective and least toxic.
e) Designate playgrounds on County property as pesticide-free. f) Develop pest-specific plans to prevent or reduce the incidence of pest problems. g) Require County staff and pesticide application contractors to comply with the Phase II Permit requirements to reduce the amount of pesticides and herbicides used during municipal operations and activities by implementing the County’s Landscape Maintenance & Design Program.
VI. IMPLEMENTATION
This IPM Policy shall be implemented by County departments and through an IPM Coordinator. Several areas important to the implementation of the IPM Policy are outlined below, including a description of the IPM Coordinator role.
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Stanislaus County IPM Policy 3 August 3, 2022
Pyrethroid Management Plan
IPM Policy
a. IPM Coordinator
The County Facilities Manager is designated as the County’s IPM Coordinator and is responsible for coordinating with the departments involved in pest management to ensure that the IPM Policy is implemented. The IPM Coordinator is assisted by the County’s Stormwater Program Manager.
The primary responsibilities include the following:
1. Education and Training:
a) Communicate the goals and requirements of the IPM Policy to County departments. b) Request and maintain information regarding the County’s IPM trainings offered or attended. c) Provide information to County staff performing pest management as needed to ensure that the requisite IPM practices are implemented.
2. IPM Applications and Guidelines:
a) Ensure County staff and pesticide application contractors are authorized as Pesticide Applicators and are complying with the County’s IPM Policy.
3. Product Selection and Product Use Approval:
a) Work with County staff performing pest management to develop a form for exemption requests.
b) Ensure that no products on the prohibited use product list are applied unless the County approves an exemption request.
4. Notification of Pesticide Applications:
a) Use a standardized design for a pesticide application notification sign that includes the date of application, the name and type of product used, the signal word, and a contact telephone number where the public may call for information about the proposed application on all school sites as required by the Healthy Schools Act.
5. Pesticide Application Contracts:
a) Ensure that contracted pesticide applicators are appropriately trained and certified, implement IPM, and follow the County’s pesticide and herbicide standard operating procedures.
6. Record Keeping:
a) Work with County staff performing pest management to develop forms summarizing pesticide use.
b) Provide direction regarding the pesticide application recordkeeping and reporting of the methods and pesticides used/applied on the County’s facilities, landscaped areas, and rights-of-way.
c) Review the pesticide application records (Pesticide Use Reports (PURs)) and follow-up reports to ensure that the activities are consistent with the IPM Policy. d) Provide information to the County’s Stormwater Program Manager for the stormwater Annual Report or other required reporting, as needed.
Education and Training
Education and training of appointed personnel is critical to the success of the IPM Program. Key staff and contractors involved in pest management or application will be educated in IPM policies and procedures. Education may include classroom training, on-site training, or informal meetings and will typically be held once a year. IPM topics discussed may include, but not be limited to, pest control action thresholds; pest management decisions; pest monitoring and identification; prevention; control; and effectiveness evaluations.
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Stanislaus County IPM Policy 4 August 3, 2022
Pyrethroid Management Plan
IPM Policy
IPM Applications and Guidelines
Only persons specifically authorized by the IPM Coordinator as Pesticide Applicators will be permitted to bring or use pesticides on County property. Pesticide applicators must follow regulations and label precautions. Applicators will have training in IPM and must comply with the County’s IPM Policy.
Product Selection and Product Use Approval
Except for pesticides granted an emergency exemption, the County will not use any products on the prohibited use product list below. If it is determined that an EPA registered pesticide must be used, then the least-toxic material will be chosen.
1. Prohibited Use Products: Pesticides used by the County shall not contain the following ingredients:
a) Organophosphates, or organochlorines, or carbamates listed by the United States Environmental Protection Agency (Office of Pesticides Programs, Document 735‐F‐99‐14, May 1999), or California Department of Pesticide Regulation Chemical Inquiries Database. b) Glyphosate or glyphosate containing products.
2. Banned Use Areas: Except in the case of an emergency, no pesticides will be applied on County playground properties.
Notification of Pesticide Applications
The County shall provide the public and its employees with notification of pesticide applications through the use of signs at all school sites as required by the Healthy Schools Act.
Pesticide Application Contracts
Where pesticide management and/or applications are provided by contractors, the County will contract with IPM-trained and/or IPM-certified pest control applicators. A clause will be included within the contract to ensure that pesticide applicators implement IPM and follow the County’s pesticide and herbicide standard operating procedures.
As detailed in the County’s pesticide and herbicide standard operating procedures, contractors are responsible for the filing of all required records and reports, including, but not limited to, Notice of Intent to Apply and PURs, as specified by all county, State, and federal agencies.
Record Keeping
The County shall maintain records of the IPM methods used and pesticide applications for a period consistent with the County’s record retention policy. This information may also be reported within the County’s stormwater Annual Reports or other required reporting. The information reported shall include the following:
1. All the information listed below will be documented on an official Pest Control recommendation form to be supplied by a Pest Control Adviser (PCA) annually prior to any pest control operation.
The form will include:
a) Name of the entity responsible.
b) Specific site of the application.
c) The target pest.
d) The date the pesticide was used and re-entry period if applicable. e) Date of expiration of the PCA recommendation.
f) Schedule, timing, and conditions.
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g) The name and active ingredient of the pesticide to be applied and EPA registration number. h) The pesticide signal word.
2. The IPM Coordinator or PCA will prepare a follow-up record to include:
a) Prevention and other non-chemical methods of control used. b) Chemical methods used.
c) The effectiveness of the pesticide or management action. d) If application was undertaken in a pest control emergency, provide explanation of circumstances of the emergency.
VII. RECOMMENDED PEST CONTROL PRODUCTS
The County recommends that the pesticides purchased for use on County facilities, landscaping, or rights-of-way follow the guidelines of the IPM Policy such that they are the most effective and present the lowest risk to the environment. Pesticide application should only be used when needed and in combination with other approaches to ensure effective, long-term control.
Our Water, Our World (OWOW), a program that partners with cities and counties to promote less-toxic, eco-friendly pest solutions and products, has developed lists of less-toxic pesticides that are organized by:
• Brand,
• Pest, and
• Active ingredients.
The products lists are intended to capture less-toxic products that are compatible with IPM policies and can be found on the “Active Ingredients” page of the OWOW website:
https://ourwaterourworld.org/pesticide-ingredients/.
Those purchasing pesticides on behalf of the County should consult these lists prior to selecting a pesticide for purchase. Contracted pesticide applicators should also be encouraged to utilize the lists when purchasing materials for application on County property.
VIII. PRACTICES
Pest control chemicals are stored in a secure building on the property of the County’s Contracted Licensed Pest Control Company.
CHEMICAL APPLICATION PRACTICES
User
Qualifications
■ Chemical application and advice on pest management problems will be made by the IPM Coordinator or a licensed pest control company, particularly in the creation of customized IPM problems, which may require detailed knowledge of the biology and ecology of a particular species.
■ If pesticides are required, County staff will determine, or coordinate with a licensed pest control company to determine, the best product and application in accordance with the approval requirements.
■ Only trained personnel can prepare and use all chemicals.
Species
Considerations
■ Time the treatment to coincide with the presence of the pest. ■ Use a selective chemical that has the least effect on non-target species and treat only the area affected.
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User Safety
■ Users must wear protective clothing appropriate to the pest chemical application used.
■ Ensure that anyone handling toxic chemicals never works alone and that the work area is well-ventilated.
■ Wear a respiratorfor outdoorspraying or dusting of organic phosphorus compounds.
■ Eating, drinking, and smoking must be prohibited when using or handling chemicals.
■ Users must be familiar with the chemicals they are likely to be using, the effects the chemicals may have on the body, and how the chemicals may enter the body.
■ Users must be aware of the signs and symptoms of acute poisoning related to chemicals they are using. They must stop work if they are feeling ill and seek medical advice.
Equipment
■ Equipment must be frequently checked and properlymaintained, both for health and safety reasons and to minimize spray drift.
Weather/Time
Restrictions
■ Spraying must not be carried out in unsuitable weather. Anyone operating sprayers must have access to a wind-speed meter, and only spray when the wind speed is negligible.
■ Spraying must not take place within 48 hours of a rain event. ■ Hours of work must be controlled so that building occupants are not exposed.
BASIC PLANT AND FUNGI CONTROL PRACTICES
Maintenance
■ Keep the building grounds well-maintained. Clear plant debris, especially from fruit-bearing trees.
■ Maintenance personnelshall use mulch and otherlandscaping best practices, warding off weeds and other pests.
■ Keep vegetation trimmed at least 18 inches from the building.
Plantings ■ Maintain and plan landscape features to eliminate safe havens for pests. ■ Avoid monocultures by mixing plant species in planters and gardens.
Manual Controls
■ Landscaping shall be hand weeded and chemical control shall be kept to a minimum. This measure prevents human and environmental exposure to hazardous chemicals.
Chemical
Controls
■ When chemical use is necessary, replace hazardoussubstances with leasttoxic chemicals as defined by Our Water, Our World; 2020 San Francisco Reduced-Risk Pesticide List.
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Inspection
Schedule and
Location
■ Responsible parties will inspect the site at regular intervalsto monitor and apply pest controls operations.
BASIC ANIMAL PEST CONTROL PRACTICES
Site/Building
Cleanliness
■ Keep garbage containers clean, free of odors, and covered.
Sanitation measures reduce habitat and food sources for pests. ■ Keep areas around garbage containersfree ofspillage or garbage to prevent the collection of trash or debris on the ground around or underneath the containers.
■ Keep groundsfree of high weeds, trash, old equipment, and debris, as these conditions create ideal harborage for rodents.
Structural
Integrity
■ Maintain the building exterior in good condition with no holes or openings larger than ¼ inch including, but not limited to, windows, doors, fans, vents, etc. to keep pests from entering the building.
■ Address any deficienciesin the building exterior with corrective measures, i.e., cementing, screening, caulking, installing stripping on door bases, etc. ■ Maintain door sweeps on all applicable doors to produce a good seal to the ground.
Inspection
Schedule and
Location
■ Visual inspections shall be performed monthly to identify problem areas.
SPECIFIC ANIMAL CONTROL STRATEGIES
Ants
■ Always keep food items in sealed containers orstore them in the refrigerator or freezer. Clean surfaces and storage areas to remove crumbs and stains.
Keep sinks and worktops clean and dry.
■ Prune branches close to the building or anything that might create a bridge for the ants to cross.
■ In areas where ants are present, wipe the areas down with soapy water to preventthe formation ofmajorscenttrails. Ifthere already is an established trail, wipe backwards from the food source to the entrance of the trail. ■ Treat only areasthat have active pest infestations. Temporary blockades can be made using chili powder, cinnamon, boric acid, or sticky substances such as petroleum jelly.
■ Baits are best put in the path of an ant trail and then removed after the ant activity stops.
■ Identify the ant species for most relevant measures.
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Aphids
■ Prune out infested leaves.
■ Knock off aphids by spraying with a strong stream of water. ■ Wait for hot weather; most aphids are gone by mid-June. ■ Release ladybugs on heavily infested plants.
■ Spray with insecticidal oil or soap (Safer soap).
Bed Bugs ■ Call professional pest management to inspect and treat forthe presence of bed bugs indicted by the initial inspection.
Caterpillars
■ Obtain a correct identification of the caterpillar to prescribe the most appropriate form of control.
■ Bacterial insecticides derived from natural ingredients are available to control caterpillars.
Cockroaches ■ There are five main species of cockroaches and effective control depends on identifying them correctly.
■ All food handling areas should be cleaned frequently. ■ IPM measures for controlling cockroaches include effective hygiene and exclusion practices,sticky trapslined with pheromones, boric acid, and insect growth regulators.
Dust Mites ■ Fabrics, bedding, and carpets attract and generate dust and dust mites.
To keep dust mites at bay, keep building well-ventilated and dry.
Scales(hard and
soft)
■ Provide plant with proper irrigation.
■ Encourage natural enemies (ladybugs, lacewings).
SPECIFIC ANIMAL CONTROL STRATEGIES CONTINUED
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Flies ■ Collection of waste and residues should be carried out at least twice a week. ■ Keep refuse areas clean to avoid providing flies with breeding grounds. ■ Ensure bin lids fit tightly and the bins are cleaned regularly. ■ Use fine mesh window and doorscreens as a barrier against entry by any flying insect.
■ Ultra-violet (UV) fly killing equipment is very effective so long as it is situated correctly. In food preparation areas, UV equipment should only be used once all possible precautions have been taken to keep flying insects out. Position the UV equipment close to an entry point, at right angles to the nearest competing light source such as a window. In many catering establishments, poorly situated UV equipment poses a greater food hygiene hazard than lacking pest repellants altogether. This is because when placed next to the food preparation area, they draw flies to the food, which they are likely to contaminate before being killed.
■ Natural chemical treatments include pyrethrum extracted from the Chrysanthemum cineraria folium plant that can be used in kitchens and restaurants.
Mosquitoes
■ Find and eliminate their habitat.
■ Do not allow flowerpots, buckets, plastic sheeting, or other open containers outside to collect water.
■ Drain unused pools or fountains so that the water cannot become stagnant. ■ Drain or fill depressions, mud flats, and other areas that might hold water. ■ Repair leaking taps and air-conditioning units so that puddles cannot form and ensure thatseptic tanks and sewage systems are properly maintained and in good working order.
■ Avoid over-irrigating lawns and gardens, and keep weeds and grass well-clipped. ■ To prevent mosquitoesfrom coming indoors, fit fine-mesh screensto porches, doors, and windows.
Fabric/Clothing
Moths
■ Fabrics should be washed and then put in bags and placed in a freezer.
When taken out to thaw, shake the fabrics vigorously to remove dead larvae.
■ Clean the areas where fabrics have been stored with vinegar and water. ■ Store fabricsin cedar chests or closets. Place cedar chips or blocks or lavender sachets in drawers.
■ For acute moth problems, reusable traps can be baited with a controlledrelease pheromone system to lure moths into the trap and disrupt their mating cycle.
■ Avoid mothballs and insect foggers.
Pantry Moths
■ Vacuum affected areas.
■ Scrub allsurfaces with hot water and detergent, especially in corners and around the edges of removable shelves. White vinegar also works. ■ Food items and containers should be thoroughly cleaned with a detergent and watersolution and wiped down with a vinegar rinse before being put back. Use air-tight containers made of hard plastic, glass, or metal and not plastic bags.
■ Kill any moths with a fly swatter or moth traps.
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■ Peppermint gum, bay leaves, peppercorns, and cloves may also help deter pantry moths.
SPECIFIC ANIMAL CONTROL STRATEGIES CONTINUED
Rodents
■ Rodent controlshould start with a survey to determine the source of the problem and the conditions that encourage the infestation. ■ Remove food sources.
■ Eliminate places of refuge.
■ Openings in building foundations and walls should be closed or screened with wire mesh that has holes not more than 1.25 cm (0.5 in) wide. Where pipes enter masonry, force heavy hardware cloth or steel wool into the opening, then fill it with concrete.
■ Continuoussurveillance is necessary and places where rodents have been gnawing to gain entry to a building should be sealed with metal flashing. ■ Doors are particularly vulnerable to rodent entry so ensure that external doors and windows close tightly with no gaps at the bottom.
■ Materials stored in the open, in sheds or in building should be stacked at least 30 cm (1 ft.) above the ground.
■ Stringent waste disposal practicesshould be observed – secure all waste in closed containers and not just plastic bags.
■ Wash binsregularly. Make sure composting bins are designed to prevent rodents from entering.
■ Baitshould be sticky to ensure that the mouse triggersthe trap mechanism even if it only lightly touches the bait. Mice prefer peanut butter or chocolate.
Bacon, oatmeal, or apples can also be used as bait.
■ An alternative to snap trapsis a battery-operated trap that generates a high voltage once the rat or mouse is inside.
Slugs and Snails
■ There are various non-chemical solutions to eliminate slugs and snails, including putting salt or sharp shingle around vulnerable plants, drowning them in beer, or simply throwing them over a fence. Elemental copper bands also repel snails and slugs. Remove daytime hiding places (weeds, debris, etc.).
Wasps and
Hornets
■ A simple trap can be made by putting beer or a solution of jam or honey and water in an open jar around the grounds. If this does not work, there are branded traps
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IX. DEFINITIONS FOR USE WITH THIS POLICY
1. “Basin Plan Amendment” or “BPA” means the regulatory requirements for the Control of Pyrethroid Pesticide Discharges that was adopted by the Central Valley Water Board on June 8, 2017, with the adoption of Resolution R5-2017-0057. The BPA established measurable pyrethroid concentration goals and an implementation program for the control of pyrethroid pesticides that are or could potentially impact aquatic life in the Sacramento and San Joaquin River watersheds.
2. “Contractor” means a person, firm, or corporation or other entity, including a governmental entity that enters into a contract with the County for pest management services.
3. “Integrated Pest Management” or “IPM” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.3
4. “IPM Coordinator” means the designated agent or employee experienced in IPM field and office work and is responsible for IPM program coordination for the County.
5. “IPM Policy”" means this Integrated Pest Management Policy.
6. “Pest” means any pest as defined in Section 12754.5 of Chapter 2 of Division 7 of the California Food and Agricultural Code. Pest includes any of the following that is or is liable to become, dangerous or detrimental to the public health or the agricultural or nonagricultural environment of the State:
a) Any insect, predatory animal, rodent, nematode or weed; b) Any form of terrestrial, aquatic, or aerial plant or animal, virus, fungus, bacteria or other microorganism (except viruses, fungi, bacteria or other microorganisms on or in living man or other living animals);
c) Anything that the Secretary of the California Department of Food and Agriculture or the Director of Pesticide Regulation for the California Department of Food and Agriculture by regulation declares to be a pest.
7. “Pest Control Adviser” or “PCA” means any person possessing a current pest control adviser license issued by the California Department of Pesticide Regulation. The PCA license is required for making pest control recommendations in the landscape setting.
8. “Pest Control Operator” or “PCO” means any person possessing a current pest control operator license issued by the California Department of Pesticide Regulation. The PCO license is required when performing structural pest control.
9. “Pest-Specific Plan” means a written plan addressing the management and control of a particular pest. Components of Pest-Specific Plans should include pest biology, impacts, pest thresholds, recommended treatments, monitoring frequency, cultural practices, and site modifications to prevent or reduce the incidence of pest problems.
10. “Pesticide” means pesticide as defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural Code. Pesticide includes any of the following:
a) Any substance or combination of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling or mitigating any 3 https://www2.ipm.ucanr.edu/what-is-IPM/
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pest which may infest or be detrimental to vegetation, man, animals or households or be present in any agricultural or nonagricultural environment whatsoever; b) Any spray adjuvant.
11. “Pesticide Applicator”' means any person or company hired by a County Department who applies pesticides, as defined in this section, to property owned, leased or managed by the County.
12. “Phase II Permit” means the State Water Resources Control Board’s Phase II Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004, Order No. 2013-0001, adopted February 5, 2013, and subsequent reissuances of this Order.
13. “Signal Word” means the toxicity category word on the pesticide label: Danger, Warning, Caution or None Required. See Toxicity Category I; II, III, IV product.
14. “Pesticide Use Report Form” or “PUR” means a document that records pesticide use or other treatment practices within and associated with County owned, managed, or leased structures.
15. “Toxicity Category I; II, III, IV product” means any pesticide, as defined in 40 Code of Federal Regulations Section 156.10, meeting the appropriate toxicity categories and bearing on the front label panel the signal word Danger, Warning, Caution or None Required. #4..
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EXHIBIT E
PEST CONTROL SERVICES
CONTRACTOR CERTIFICATIONS
By execution of this Agreement, Contractor is making the Drug Free Workplace Certification and the Certification of Acknowledgement of Labor Code Requirements set forth below.
DRUG FREE WORKPLACE CERTIFICATION
1. I am aware of the provisions and requirements of California Government Code §§8350 et seq., the Drug Free Workplace Act of 1990.
2. I am authorized to certify, and do certify, on behalf of Contractor that a drug free workplace will be provided by Contractor by doing all of the following:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in Contractor's workplace and specifying actions which will be taken against employees for violation of the prohibition; B. Establishing a drug-free awareness program to inform employees about all of the following:
(i) The dangers of drug abuse in the workplace;
(ii) Contractor's policy of maintaining a drug-free workplace; (iii) The availability of drug counseling, rehabilitation and employee-assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations; C. Requiring that each employee engaged in the performance of the Contract be given a copy of the statement required by subdivision (A), above, and that as a condition of employment by Contractor in connection with the Work of the Contract, the employee agrees to abide by the terms of the statement.
3. Contractor agrees to fulfill and discharge all of Contractor's obligations under the terms and requirements of California Government Code §8355 by, inter alia, publishing a statement notifying employees concerning: (a) the prohibition of any controlled substance in the workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the performance of the Work of the Contract be given a copy of the statement required by California Government Code §8355(a) and requiring that the employee agree to abide by the terms of that statement.
4. Contractor is aware of the provisions of California Government Code §§8350, et seq. and the undersigned hereby certifies that Contractor will adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-Free Workplace Act of 1990.
CERTIFICATION OF ACKNOWLEDGEMENT
OF LABOR CODE REQUIREMENTS
The federal and state labor law requirements applicable to the contract are composed of but not limited to the following items:
(1) The contractor's duty to pay prevailing wages under Labor Code Section 1770 et seq., should the project exceed the exemption amounts;
(2) The contractor's duty to employ registered apprentices on the public works project under Labor Code Section 1777.5;
(3) The penalties for failure to pay prevailing wages (for non-exempt projects) and employ apprentices including forfeitures and debarment under Labor Code Sections 1775 and 1777.7; (4) The requirement to keep and submit copies upon request of certified payroll records under Labor Code Section 1776, and penalties for failure to do so under Labor Code Section 1776(g); (5) The prohibition against employment discrimination under Labor Code Section 1777.6; the Government Code, and Title VII of the Civil Rights Act of 1964;
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(6) The prohibition against accepting or extracting kickback from employee wages under Labor Code Section 1778;
(7) The prohibition against accepting fees for registering any person for public work under Labor Code Section 1779; or for filling work orders on public works under Labor Code Section 1780; (8) The requirement to list all subcontractors under Public Contracts Code Section 4104; (9) The requirement to be properly licensed and to require all subcontractors to be properly licensed and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000 et seq; (10) The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208;
(11) The requirement that the contractor be properly insured for Workers Compensation under Labor Code Section 1861;
(12) The requirement that the contractor abide by the Occupational, Safety and Health laws and regulations that apply to the particular construction project; (13) The federal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility/citizenship from all workers.
(14) The requirement to provide itemized wage statements to employees under Labor Code Section 226.
Certification: by execution of this Agreement, Contractor acknowledges it has been informed and is aware of the foregoing requirements.
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EXHIBIT F
PEST CONTROL SERVICES
LABOR CODE, PREVAILING WAGES AND APPRENTICESHIP REQUIREMENTS ARTICLE 1 – CONTRACTOR AND SUBCONTRACTOR REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on or engaging in the performance of any Public Works contracts in California shall be registered with the Department of Industrial Relations. Labor Code Section 1725.5(f) states: “This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
ARTICLE 2 – WORKING HOURS (Labor Code Section 1810-1815).
Eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. (Labor Code Section 1810).
The time of service of any worker employed upon public work is limited and restricted to eight hours during any one calendar day, and 40 hours during any one calendar week, except as provided for under Labor Code Section 1815. (Labor Code Section 1811).
Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement. (Labor Code Section 1812).
The contractor or subcontractor shall, as a penalty to the Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. (Labor Code Section 1813).
Notwithstanding the provisions of Labor Code Sections 1810 to 1814, inclusive, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1-1/2 times the basic rate of pay. (Labor Code Section 1815).
ARTICLE 3 – WORKERS’ COMPENATION (Labor Code Section 1860-1861).
In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his or her employees. (Labor Code Section 1860).
By submission of a bid, the Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will #4..
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comply with such provisions before commencing the performance of the work of this contract.” (Labor Code Section 1861).
ARTICLE 4 – DEBARRED CONTRACTORS AND SUBCONTRACTORS.
Debarred Contractors or Subcontractors. In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.17 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
ARTICLE 5 – PREVAILING WAGES.
This Project is subject to applicable prevailing wage requirements, including prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. “Public Works” Includes Preconstruction, Construction, Post-Construction Work. Under Labor Code 1720(a), “public works” includes all of the following: Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. For purposes of this paragraph, “construction” includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post-construction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.
This Project is subject to the requirements of Labor Code Section 1720 et seq., the terms of which are incorporated herein by this reference. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at http://www.dir.ca.gov/dlse/dlsePublicWorks.html or in the offices of the Owner and are deemed included in the Bidding Documents. Upon request, Owner will make available copies to any interested party. The successful Bidder shall post the applicable prevailing wage rates at the Site.
Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site.
Contractor shall forfeit, as a penalty to Owner, Two Hundred Dollars ($200.00) for each worker employed in performing labor in and about the Work provided for in the Contract Documents for each Day, or portion thereof, that such worker is paid less than the said stipulated rates for any work done under the Contract Documents by him or her or by any Subcontractor under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The sums and amounts which shall be forfeited pursuant to this paragraph and the terms of the Labor Code shall be withheld and retained from payments due to Contractor under the Contract Documents, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of #4..
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Industrial Relations or by Owner. The Labor Commissioner pursuant to Labor Code Section 1775 shall determine the final amount of forfeiture.
Contractor shall insert in every subcontract or other arrangement which Contractor may make for performance of work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the Labor Code.
Contractor stipulates that it shall comply with all applicable wage and hour laws, including without limitation Labor Code Section 1813. Failure to so comply, including without limitation Labor Code Section 1776, shall constitute a default under this Contract.
Contractor and all Subcontractors shall keep accurate payroll records in accordance with Labor Code Section 1776. Such records shall be furnished to the Compliance Monitoring Unit each month, no later than the time Contractor submits each Application for Payment and within 10 days of any separate request by the Compliance Monitoring Unit. Payroll records shall be furnished in a format prescribed by section 16401 of Title 8 of the California Code of Regulations, with use of the current version of DIR’s “Public Works Payroll Reporting Form” (A-1-131) and “Statement of Employer Payments” (DLSE Form PW26) constituting presumptive compliance with this requirement, provided the forms are filled out accurately and completely. If the Compliance Monitoring Unit has provided for and requires the electronic submission of certified payroll reports in lieu of paper forms, Contractor shall comply with the electronic submission requirements. Contractor shall provide Owner with a concurrent hard copy of any electronic payroll report submission. If directed by the Labor Commissioner, Owner will withhold Contract payments when payroll records are delinquent or inadequate.
Contractor shall post all jobsite notices if and when prescribed by regulation.
The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor as required by Labor Code Section 1776.
Contractor shall inform Owner of the location of records enumerated above, including the street address, city and county, and shall, within five working Days, provide a notice of a change of location and address.
Contractor or Subcontractor has 10 Days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Labor Code Section 1776(a). In the event that Contractor or Subcontractor fails to comply with the ten-Day period, he or she shall, as a penalty to Owner on whose behalf the contract is made or awarded, forfeit $100.00 for each calendar Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Contractor is not subject to a penalty assessment pursuant to this paragraph due to the failure of a Subcontractor to comply with this paragraph.
Contractor will be fully responsible for reporting to and providing all documentation and other information required by the Department of Industrial Relations, and for paying all resulting penalties, fines, and other amounts due on account of any prevailing wage or other labor, wage or hour violation.
Pursuant to 8 CCR 16451, Contractor shall post on the Project Site a Notice containing the following language:
“This public works project is subject to monitoring and investigative activities by the Compliance Monitoring Unit (CMU) of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This Notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site to enable the CMU to ensure compliance with and enforcement of prevailing wage laws on public works projects.
“The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) #4..
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performed by workers on the project. These rates are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity which awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this project may be filed with the CMU at any office of the Division of Labor Standards Enforcement (DLSE).
Local Office Telephone Number: _______________ [Contractor to Provide] “Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws due to the short period of time following the completion of the project that the CMU may take legal action against those responsible. “Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity which awarded the public works contract, and the location and name of the project.
“For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any DLSE office.
Complaint forms are also available at the Department of Industrial Relations website found at www.dir.ca.gov/dlse/PublicWorks.html.”
With each application for payment, Contractor shall deliver certified payrolls to Owner and concurrently therewith (but in no event less frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor Commissioner.
ARTICLE 6. APPRENTICES ON PUBLIC WORKS PROJECTS
Contractor and Contractor’s subcontractor(s) shall be responsible for compliance with the provisions of law relating to employment of apprentices, including Labor Code Sections 1777.5, 1777.6, and 1777.7.
Pursuant to Labor Code Section 1777.7, violations of Labor Code Section 1777.5 may result in forfeiture not to exceed One Hundred Dollars ($100.00) for each full calendar day of non-compliance. Information regarding apprenticeship standards, wage schedules, and other requirements may be obtained from the DIR or from the Division of Apprenticeship Standards of the DIR.
The requirements of Labor Code §1777.5 do not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).
California Labor Code §1777.5, as amended, requires a Contractor or Subcontractor employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of a public works project and which administers the apprenticeship program in that trade for a certification of approval. The certificate shall also fix the ratio of apprentices to journeypersons that will be used in performance of the Contract. The ratio of work performed by apprentices to journeypersons in such cases shall not be less than one hour of apprentice work for every five hours of labor performed by journeypersons (the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeypersons), except:
A. When unemployment for the previous three-month period in the area exceeds an average of 15 percent;
B. When the number of apprentices in training in the area exceeds a ratio of one to five; C. When a trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally; or D. Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyperson.
If Contractor or any Subcontractor employs journeymen or apprentices in any apprenticeable craft to perform any of the Work under the Contract, they shall make apprenticeship training contributions, to the #4..
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California Apprenticeship Council, in an amount determined by the Director of the Department of Industrial Relations, or as otherwise required by law.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.
END OF EXHIBIT
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EXHIBIT G
PEST CONTROL SERVICES
FORM OF PURCHASE ORDER AND INSTRUCTIONS
The attached form of Purchase Order shall include the following:
1. Reference to “Contract # _____.”
2. Scope of work and location.
3. A not to exceed amount for the PO.
4. The commencement date and the completion date.
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SAMPLE Purchase Order
XXXXXX
Setup Business Group
1010 10th Street Suite 5400
Modesto, CA 95354
United States
Supplier:
Company Name
Address
Address
Address
Phone Number
Email Address
Ship To:
Bill To: GENERAL SERVICES AGENCY
ADMINSITRATION 209.525.7640
1010 10TH STREET SUITE 5400
MODESTO, CA 95354
United States
Customer Account No. Supplier
No.
Payment Terms Freight Terms FOB Transportation Ship Via 628 30 NET PREPAID DESTINATION COMMON
CARRIER
Confirm To/Telephone Requestor/Deliver To
0 Notes: The Purchase Order incorporates the terms and conditions set forth in the Master Contract# Description of Work:
Location of Work:
Work shall commence upon execution of this PO and shall be complete within ____ days.
Contract expires on:_______
Applicable Hourly Rates:
Not to exceed Amount: _______
Type Purchase Order
Order
Revision
Order Date
Created By
Revision Date
Current Buyer
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Setup Business Group SAMPLE Standard Purchase Order XXXXXX Line Part Number/Description Delivery Date/Time Quantity UOM Unit Price (USD)
Tax Amount
(USD)
Ship To:
Use the ship-to address at the top of page 1
Deliver To:___________________
Total $xx.xx (USD)
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SECTION EIGHT – SUBMITTAL DOCUMENTS
8.1 The following attached forms must be completed and included in the Proposal Submittal:
• Proposal Cover Page
• Proposal Submittal Checklist
• Response Clarification Addendum
• Non-Collusion Affidavit to be Executed by Proposer and Submitted • Non-Collusion Affidavit Signature Page
• Bond Requirements
• SB 854
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PROPOSAL COVER PAGE
Please return this checklist with Request for Proposal submittal packet.
The undersigned certifies and declares that any and all statements and information in the attached proposal are true and correct.
RFP PROPOSER’S INFORMATION
Name of Proposing Agency:
Primary Contact for Proposing Agency:
Project Name: COUNTYWIDE PEST
CONTROL SERVICES RFP #: 25-11-DQ RFP Closing Date: April 30, 2025 Business Address:
City: Zip Code: State:
Phone: Fax #:
Taxpayer ID #: Business License #:
Email: Other License # (CSLB, etc.):
Department of Industrial Relations (DIR) Registration # (if applicable):
Sub -Consultant/Subcontractor(s) Name, License Numbers, and DIR Registration Number a.
b.
c.
d.
Date Signed:
Print Name:
Signature: Initials:
Title:
**SIGN & RETURN THIS PAGE**
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PROPOSAL SUBMITTAL CHECKLIST
Please return this checklist with Request for Proposal submittal packet.
SUBMITTAL CHECKLIST
YES NO
1 Signed Proposal Cover Page
2 Signed Proposal Checklist (this document)
3 Exceptions to the terms and conditions of this RFP, if any 4 Exceptions to the Sample Contract, if any
5 Signed Non-Collusion Affidavit
6 Response Clarification Addendum
7 W9 form Request for Taxpayer Identification Number and Certification 8 One (1) separately sealed envelope marked “FINANCIAL REPORTS” (original hard-copy submittal only)
9 One (1) original in a separately sealed package marked "QUALIFICATION PROPOSAL" (original hard-copy and electronic PlanetBids submittals)
10 One (1) original in a separately sealed envelope marked “PRICING PROPOSAL" (original hard-copy and electronic PlanetBids submittals)
Date Signed:
Print Name:
Signature: Initials:
Title:
**SIGN & RETURN THIS PAGE**
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RESPONSE CLARIFICATION ADDENDUM
RESPONSE CLARIFICATION ADDENDUM
Addendum Number Dated Date Received Initials
Print Proposers Name:
Proposers Signature:
Title:
Signed addenda/addendum to be included in the RFP response. If an addenda/addendum is issued, the Proposer shall complete the above form and return it with the RFP response. **SIGN & RETURN THIS PAGE**
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NON-COLLUSION AFFIDAVIT
TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH RFP
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the County of Stanislaus, Stanislaus County Purchasing Division:
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the Proposer declares that the RFP is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any Proposer or anyone else to put in a sham proposal or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal, depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
DECLARATION UNDER PENALTY OF PERJURY
The undersigned Proposer declares and certifies under the penalty of perjury: that the only persons or parties interested in this RFP as principals are those named herein as Proposer, that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this proposal; that the undersigned has examined the “General Conditions and Instructions to Proposers” and the specifications; that the undersigned is informed of all the relevant facts surrounding the preparation and submission of this RFP, that the undersigned (if awarded a contract) will execute and fully perform the contract for which the proposals are called; that the undersigned will perform all the work and/or furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as therein set forth; and that the undersigned will take in full payment therefore, the prices set forth in the pricing schedule of the contract; that the undersigned knows and represents and warrants to the County of Stanislaus that this proposal is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this proposal. (Please sign on the following page)
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NON-COLLUSION AFFIDAVIT
TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH RFP
I declare under penalty of perjury that the foregoing is true and correct.
RFP PROPOSERS INFORMATION
Name of Proposer:
Primary Contact for Proposing Agency:
Business Address:
City: Zip Code: State:
Phone: Fax #:
Taxpayer ID #: Business License #:
Department of Industrial Relations (DIR)
Registration #:
E-mail:
Type of Business:
Individual doing business under own name Corporation
Individual doing business using a firm name Partnership Joint Venture—attach agreement
Date Signed:
Print Name:
Signature: Initials:
Title:
To be signed by authorized corporate officer or partner or individual submitting the proposal.
The above Non-Collusion Affidavit is part of the RFP. Signing this RFP on the signature portion thereof shall also constitute signature of this Non-Collusion Affidavit. Proposers are cautioned that making a false certification may result in criminal prosecution. **SIGN & RETURN THIS PAGE**
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SECTION NINE – INFORMATIONAL ATTACHMENTS
9.1 The following attached informational documents are attached hereto and made a part of this RFP:
• Exhibit A – Scope of Work / Technical Specifications
• Exhibit B – Insurance Requirements
• Exhibit C (Pricing Proposal/List of Locations)
• Exhibit D Stanislaus County Integrated Pest Management Policy • Exhibit E (Contractor Certifications)
• Exhibit F (Labor Code and Prevailing Wage Requirements) • Exhibit G (Form of Purchase Order)
• Campaign Contribution/Levine Act Disclosure Statement • Bond Requirements
• SB-854 Notice
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Stanislaus County California Levine Act Disclosure Statement (Rev.12.09.2024)
CAMPAIGN CONTRIBUTION/LEVINE ACT DISCLOSURE STATEMENT
**COMPLETE AND RETURN THIS PAGE**
_____________________________________________________________________________ Government Code section 84308, part of the "Levine Act", prohibits County “Officers” from participating in any action related to a license, permit or other entitlement if such member receives political contributions totaling more than $500 within the twelve months prior to the initiation of proceeding, during the pendency of the proceeding, and twelve months following the date of final decision on the entitlement. During the pendency of the proceeding and for twelve months following final decision on the entitlement, a "Party" or "Participant" as defined in section 84308, is prohibited from contributing more than $500 to an "Officer".
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2)Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Stanislaus County Board Members can be found online at:
https://www.stanvote.com/pdf/elected-officials- list.pdf. The party making this certification is responsible for determining whether a recipient of a political contribution is a County "Officer".
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any County officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Board action related to this contract? YES NO
- If YES, please identify the person(s) or agent(s) making the contribution:
_____________________________________________________________________ - If YES, please identify the County Officer receiving the contribution:
_____________________________________________________________________
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any County Officer in the twelve (12) months following any Board action related to this contract? YES NO - If YES, please identify the person(s) or agent(s) making the contribution:
_____________________________________________________________________ - If YES, please identify the County Officer receiving the contribution:
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Stanislaus County California Levine Act Disclosure Statement (Rev.12.09.2024) Answering YES to either of the questions above does not preclude Stanislaus County from awarding the relevant entitlement to you or preclude Stanislaus County from taking subsequent action on the entitlement.
Note: The following contracts are excluded from the definition of “licenses, permits, or other entitlements for use” for the purposes of the Act:
- Contracts under $50,000;
- Contracts between two or more government agencies;
- Contracts where no party receives financial compensation; and - Periodic review or renewal of development agreements or competitively bid contracts with nonmaterial modifications.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Date
Print Name:
Title:
Company:
For Internal Purposes Only (If Applicable)
Application Number: Application Title:
Application Address: Application APN:
RFP Number: RFP Title:
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BOND REQUIREMENTS
Section 3, General Requirements and Information describes the specific security/bonding requirements.
If required, only the successful Proposer shall submit a performance and payment bond as described in this RFP.
The County will only require a payment and performance bond on any project that exceeds the $25,000 threshold. Each project will be reviewed separately and if over the threshold bonds will be required prior to any work taking place.
BOND REQUIRED
Proposal Security required Yes No Amount 10% of the Project Price Performance Bond required Yes No Amount 100% of the Project Price Payment Bond required Yes No Amount 100% of the Project Price
FOR COUNTY USE ONLY
Proposal was opened on the following date and at the prescribed place.
FOR COUNTY USE ONLY
Cashiers or Certified Check drawn on a California Bank. Yes No Surety Bond Yes No
Date:
Stanislaus County General Services Agency Purchasing Division Title:
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SB854 NOTICE
DEPARTMENT OF INDUSTRIAL RELATIONS NOTICE REQUIREMENTS
The public works reforms brought about by Senate Bill 854 (Stat. 2014, chapter 28) made several changes to the laws governing how the Department of Industrial Relations (DIR) monitors compliance with prevailing wage requirements on public works projects. Some of these changes modify the responsibilities of awarding bodies. Below are notice requirements set forth by DIR. • January 1, 2015: The call for bids and contract documents must include the following information:
o No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. o No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. o This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
• April 1, 2015: For all new projects awarded on or after this date, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. #4..
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1 Exhibit D:
Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
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2 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Site Location Frequency of Services Rate
10th Street Parking Garage Alternate Monthly $95.00
11th Street Parking Garage Alternate Monthly $84.00
9th Street Parking Garage Alternate Monthly $95.00
Airport Alternate Monthly $178.00
Airport Neighborhood Community Center Alternate Monthly $84.00 Beyer Concession Stand Alternate Monthly $74.00
Boys Scouts Clubhouse Alternate Monthly $84.00
Bus Maintenance Facility Alternate Monthly $135.00
Compost (Combined) Monthly $105.00
Corp Yard - Jefferson (Combined) Monthly $358.00
Corp Yard - Litt - Water Monthly $207.00
Creekside Golf Course (Combined) Monthly $142.00
Dryden Golf Course (Combined) Monthly $82.00
Gomes Rental Alternate Monthly $90.00
Johansen Pool Alternate Monthly $74.00
King Kennedy Memorial Center Alternate Monthly $95.00
Laurel Alternate Monthly $32.00
Maddux Youth Center Alternate Monthly $90.00
Mary Grogan (Restroom/Concession/Office) Alternate Monthly $84.00 McHenry Mansion Monthly $90.00
McHenry Museum Monthly $84.00
Modesto Fire Department - Administration Alternate Monthly $74.00 Modesto Fire Department - Fire Station 1 Alternate Monthly $84.00 Modesto Fire Department - Fire Station 10 Alternate Monthly $90.00 Modesto Fire Department - Fire Station 11 Alternate Monthly $90.00 Modesto Fire Department - Fire Station 2 Alternate Monthly $84.00 Modesto Fire Department - Fire Station 3 Alternate Monthly $84.00 Modesto Fire Department - Fire Station 4 (Pest) Alternate Monthly $84.00 Modesto Fire Department - Fire Station 4 (Perc) Monthly $90.00 Modesto Fire Department - Fire Station 5 Alternate Monthly $90.00 Modesto Fire Department - Fire Station 6 Alternate Monthly $84.00 Modesto Fire Department - Fire Station 7 Alternate Monthly $84.00 Modesto Fire Department - Fire Station 8 Alternate Monthly $90.00 Modesto Fire Department - Fire Station 9 Alternate Monthly $84.00 Modesto Police Department - Admin Monthly $105.00
Modesto Police Department - Evidence Monthly $84.00
Modesto Police Department - Evidence Monthly $52.00
EXHIBIT "E"
PEST CONTROL SERVICES AGREEMENT # 317662
CLARK PEST CONTROL
RFP #25-11DQ
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Modesto Police Department - Field Ops Monthly $74.00
Modesto Police Department - Police Training Center Monthly $205.00 Modesto Police Department - Shop Monthly $53.00
Neighborhood Center At Marshall Park Alternate Monthly $84.00 Oakdale Fire Department - Fire Station 27 Alternate Monthly $100.00 Oakdale Fire Department - Fire Station 28 Alternate Monthly $90.00 Oakdale Fire Department - Fire Station 29 Alternate Monthly $95.00 Oakdale Fire Department - Fire Station 30 Alternate Monthly $84.00 Senior Citizen's Center Monthly $286.00
Solid Waste Trailer Monthly $53.00
Tank 10 Alternate Monthly $79.00
Tank 11 Alternate Monthly $79.00
Tank 12 Alternate Monthly $84.00
Tank 13 Alternate Monthly $79.00
Tank 14 Alternate Monthly $90.00
Tank 3 Alternate Monthly $79.00
Tank 4 Alternate Monthly $79.00
Tank 5 Alternate Monthly $79.00
Tank 6 Alternate Monthly $89.00
Tank 7 Alternate Monthly $74.00
Tank8 Alternate Monthly $74.00
Tank 9 Alternate Monthly $84.00
Traffic and Signs Alternate Monthly $32.00
Wastewater - Jennings - Administration Monthly $300.00
Wastewater - Sutter - Administration Monthly $201.00
Well70 Alternate Monthly $79.00
Well71 Alternate Monthly $79.00
John Thurman Field Monthly $268.00
Modesto Centre Plaza Monthly $170.00
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25-11-DQ
Vendor Scorer #1 Scorer #2 Scorer #3 Scorer #4 Scorer #5 Aggregate RFP Pricing Total Price Score Total Score CLARK PEST CONTROL 101.00 103.00 104.00 110.00 100.00 103.60 $219,678.00 50.000000 153.60 Total Possible Points: 160
RFP EVALUATION SUMMARY
COUNTYWIDE PEST CONTROL SERVICES
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May 8, 2025
Top Notch IP
Attn: Matthew Southland
PO Box 101
Lathrop, CA. 95330
RE: RFP 25-11-DQ / Countywide Pest Control Services
Proposal/Bid Rejection
Dear Mr. Southward,
Thank you for your interest in Stanislaus County’s recent Request for Proposal (RFP) for the above-named project. GSA Purchasing has determined your submittal to be materially nonresponsive, due to the following missing document(s):
• Incomplete RFP submittal
Thank you again for your interest in responding to the needs of Stanislaus County. Should you have any questions, please contact Denelle Qualls in GSA-Purchasing at (209) 525-4346 or [email protected]
Sincerely,
Denelle Qualls
Contracts Manager
cc: RFP/Bid File
Department
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My 8, 2025
Kingdom IPM, Inc.
Attn: James Sanchez
4120 Dale Road, Suite J-8 #105
Modesto, CA 95356
[email protected]
RE: RFP 25-11-DQ for Countywide Pest Control Services
Notice of Non-Advancement
Dear Mr. Sanchez
Thank you for your interest in Stanislaus County’s recent Request for Proposal (RFP) for the above-named project. At this time, Kingdom IPM, Inc. will not be considered for award based on insufficient financial stability.
Per Section 5.3.1 of the Proposal Submittal Process, “Prior to any contracts being issued a Proposer must demonstrate to the County’s satisfaction that its company is financially sound.” Per Section 3.7 of the RFP General Requirements and Information, “The County reserves the right to reject any and all proposals, as it may deem proper in its absolute discretion.” Should you have any questions, you may contact Denelle Qualls at (209) 525-4346 or [email protected]
Thank you again for your interest in providing service to Stanislaus County.
Sincerely,
Andrew Johnson
GSA Director / Purchasing Agent
cc: RFP File
Andy Johnson (May 8, 2025 10:20 PDT)
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FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.
Bidder must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application. #4..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
February 23, 2026
Date: February 2, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Approve Agreement for Asset Management Gap Analysis CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider an Agreement with Woodard and Curran, Sacramento, CA for an Asset Management Gap Analysis in the amount of $460,680, plus $92,136, if needed, for an Agreement total amount not to exceed $552,816, and forwarding to Council for approval. (Funding Source:
Wastewater and Water Fund Reserves)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City of Modesto Wastewater Division operates and maintains the City’s sewer and storm collection systems and treatment plants. An average of 20 million gallons of Modesto’s wastewater is collected and treated per day at the City’s Regional Water Recycling Facility (RWRF) – Sutter Campus, and nearly 15 million of those gallons are further treated at RWRF - Jennings Campus to tertiary (recycled water) levels, and the remaining flows are treated to secondary levels. The remaining water and the solids that have been removed are treated and applied to the 2,458 acres of the Jennings Ranch.
The Wastewater Division also manages the City’s regulatory compliance with National Pretreatment Program, Storm water Compliance, and Laboratory Services. This includes inspections, collection of samples from permitted industries, storm water samples from two urban sites, Dry Creek, and the Tuolumne River. Samples are analyzed and reported to the State Water Board.
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Finance Committee, February 23, 2026
Agreement for Asset Management Gap Analysis
The Wastewater Collections Division operates and maintains the City’s sewer and storm collection systems. The sewer collection system includes 13,422 pipe segments (totaling over 667 miles of pipe) and 13,271 maintenance holes. The storm water system consists of 33 storm basins, 8,353 pipe segments (totaling 164 miles of pipe), 10,237 catch basins, 9,266 Rockwells, and 88 outfalls. These systems transport sewer and storm water to the two wastewater treatment facilities: Sutter and Jennings. Wastewater Collections ensures the City’s compliance with the Federal Clean Water Act1 and the corresponding State Waste Discharge Requirements2 (WDR).
The City of Modesto’s Water Division supplies water to communities within Stanislaus County including Modesto, Empire, Salida, and outlying systems Del Rio, Grayson and portions of Ceres and Turlock. With over 75,000 water service connections, the City’s Water Services Division operates and maintains nine separate water systems with approximately 930 miles of potable water pipelines, 12 tanks holding up to 22.55 million gallons of combined storage capacity, 78 active wells that are regularly tested to ensure residents have access to clean and reliable drinking water, and 14 inactive wells. Since 1995, the City has supplemented its groundwater supply with treated surface water purchased from the Modesto Regional Water Treatment Plant (MRWTP), which is maintained and operated by the Modesto Irrigation District (MID). Currently, the MRWTP has a production capacity of 60 million gallons per day (MGD) of treated surface water. Two (2) additional water tanks maintained by MID provide the system with an additional storage capacity of up to 10 million gallons. The outlying systems are solely served by groundwater wells. The Water Division ensures that the City maintains compliance with all United States Environmental Protection Agency (USEPA) standards for drinking water safety as enforced by the California State Water Resources Control Board regulations under the Safe Drinking Water Act3.
DISCUSSION:
On July 1, 2025, the City Manager authorized the Wastewater division to solicit the procurement for the furnishing of Asset Management Gap Analysis Services. On August 19, 2025, The Wastewater Division issued a Request for Proposal (RFP) – 00036 for Asset Management Gap Analysis on the City’s OpenGov public bidding website. The RFP was sent out to four (4) firms from Utilities’ Pre-Qualified list of Engineering firms. Two (2) companies downloaded the RFP document from OpenGov, and two (2) proposals were received. The purpose of the project is to conduct a gap analysis of the existing asset management practices for both the Water and Wastewater Divisions. The goal is to identify deficiencies, inefficiencies, and opportunities for improvement in managing assets, including, but not limited to, equipment, pipes, pumps, motors, containers, electrical equipment, monitors, and other critical infrastructure.
An evaluation committee comprised of thirteen (13) City staff members which included the Director of Finance, Wastewater Division Manager, Water Division Manager, and Senior System Engineer were selected to evaluate the proposals. The evaluation criteria were based on Proposed Scope of Services, Project Team and Experience, General, Local Sub-Consultant Involvement.
Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the furnishing of Asset Management Gap Analysis 1 33 U.S.C. §1251 et seq. (1972), www.epa.gov/laws-regulations/summary-clean-water-act 2 www.waterboards.ca.gov/water_issues/programs/waste_discharge_requirements/ 3 www.epa.gov/sdwa
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Finance Committee, February 23, 2026
Agreement for Asset Management Gap Analysis
Services to Woodard and Curran, Sacramento, CA based on their expertise, experience, and approach which aligns with the government standard.
In accordance with Modesto Municipal Code (MMC) 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of MMC 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for the Asset Management Gap Analysis to Woodard and Curran conforms to MMC 8-3.204, subsection (a) as they are providing professional services and at least two informal proposals were obtained.
FISCAL IMPACT:
The Wastewater and Water Divisions will be splitting the cost of the Agreement and staff time with $301,408 from each Fund’s reserves to fund Non-Capital Project Number 101719.
Cost Proposal: $460,680
Additional Services 20% (if needed): $92,136
Engineering Administration – City Staff $50,000
TOTAL: $602,816
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending an Agreement with Woodard and Curran, Sacramento, CA, for an Asset Management Gap Analysis in the amount of $460,680, plus $92,136, if needed, for an Agreement total amount not to exceed $552,816, and forwarding to Council for approval.
Motion recommending approving an amendment to the Fiscal Year 2025-2026 Non-Capital Improvement Program budget in the amount of $602,816, from Water and Wastewater reserves to fund Project Number 101719 - Asset Management Gap Analysis and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Agreement
2. Scoring Abstract
3. Request for Proposal
4. Exhibit A – Proposal Scope of Work
5. Exhibit B – Fee Estimate
6. Exhibit C – Insurance Requirement
7. Financial Interest Disclosure
8. Levine Act Form
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CONSULTANT AGREEMENT FOR ASSET MANAGEMENT GAP ANALYSIS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2026, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Woodard & Curran, Inc., a Maine corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. City has determined that an Asset Management Gap Analysis should be prepared for the CITY to conduct a gap analysis of the existing asset management practices for both the Water and Wastewater Divisions.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Scope of Work". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #5..
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performed by consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed FOUR HUNDRED SIXTY THOUSAND SIX HUNDRED EIGHTY AND 00/100 DOLLARS ($460,680) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto.
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CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by CONSULTANT and identified in Exhibit (B) or approved by the CITY in writing. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City’s AD 1.2 can be accessible at the link provided -
https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-DirectiveAdditional services may be authorized by the City Manager in the amount up to, but not to exceed 20% of the agreed maximum compensation, or NINETY-TWO THOUSAND, ONEHUNDRED THIRTY-SIX AND 00/100 DOLLARS ($92,136). In the event that the additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are quested and approved, they will be billed at the hourly rate set forth in Exhibit (A) and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed FIVE HUNDRED FIFTY-TWO THOUSAND, EIGHT HUNDRED SIXTEEN AND 00/100 DOLLARS ($552,816). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this Agreement.
City shall pay Consultant within thirty (30) days of Consultant’s invoice. #5..
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4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Steve Drangsholt, PE, PMP, will be the person primarily responsible for the performance of the services referred to in this Agreement.
City has entered into this Agreement in reliance on that representation by Consultant.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the Agreement. #5..
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All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
Notwithstanding any provision to the contrary, Consultant retains all right, title and interest to its means, processes, methods, proprietary software, source code, software frameworks and methodologies, documentation, designs, know-how (collectively the “Background Materials”). Background Materials will at all times remain the property of Consultant, and City will receive a non-exclusive, fully-paid license to use the Background Materials that are provided under a SOW solely in connection with the Deliverables with which they were provided under the terms of the Agreement.
7. NEWS AND INFORMATION RELEASE
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a "conflict of interest", as that term is defined in the Political Reform Act (Gov. Code 81000 et seq.), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code 1090 et seq., the entire Agreement is void and Consultant #5..
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will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.
Until written approval of additional services and scope of work, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
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Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent Consultant and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent Consultant, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. #5..
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11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Woodard & Curran, Inc.
Address: 801 T Street
Sacramento, California 95811
Attention: David L. Richardson
Phone: (800) 426-4262
Email: [email protected]
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FOR CITY: Name: City of Modesto
Address: 1221 Sutter Avenue
Modesto, CA 95351
Attention: Jeff Daniels
Phone: (209) 577-6255
Email: jdaniels @modestogov.com
14. INSURANCE REQUIREMENTS.
During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this Agreement and shall otherwise comply with the other provisions of Exhibit (C) to this Agreement. Consultant is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice.
For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is #5..
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prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of #5..
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City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in #5..
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accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
If Consultant is performing "public works" as defined in Labor Code section 1720(a), Consultant shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit (A) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services describe in Exhibit (A) are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit (A) are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City's Purchasing Department and shall be made available on request. Consultant must comply #5..
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with all applicable laws and regulations that apply to wages earned in performance of the services describe in Exhibit (A), including those set forth in Labor Code section 1770 et. seq.
17. INDEMNITY.
Consultant is a Design Professional performing design professional services, as defined California Civil Code section 2782.8, as such Consultant agrees to indemnify, defend, and hold harmless the City, its agents, officers, officials, employees and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees, officials, officers, agents or agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the City. The City agrees that in no event shall the cost to defend charged to the Consultant exceed that Consultant's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual Agreement or acts of the parties.
If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall indemnify, defend, and hold harmless, the CITY, its agents, officers, employees, and volunteers against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent act or omission, or willful misconduct, of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this Agreement, except for claims arising #5..
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from the sole negligence of the CITY. Consultant’s indemnification obligation herein shall not apply to any claim, loss, liability, judgment or damage to the extent caused by the negligence or willful misconduct of City.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, officials, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
The parties agree that neither party shall be responsible nor liable to the other party for special, indirect or consequential damages.
The total aggregate liability of each respective party under this Agreement for any and all claims against such party whatsoever arising out of this Agreement shall not exceed $1,000,000, subject to the specific limits specified in this Agreement.
In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
18. DISPUTE RESOLUTION
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this #5..
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contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
19. ATTORNEY'S FEES
If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
20. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
21. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
22. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #5..
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23. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
24. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
25. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
26. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.
Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
27. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
28. THIRD PARTIES.
The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely #5..
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on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2026- _______, adopted by the Council of the City of Modesto on the 7th day of April, 2026, and WOODARD & CURRAN, INC., has caused this agreement to be duly executed as of the Effective Date.
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
EVALUATION TABULATION
RFP/RFQ No. RFP-00036
Asset Management Gap Analysis
RESPONSE DEADLINE: October 13, 2025 at 4:30 pm
Report Generated: Monday, February 2, 2026
VENDOR SCORES BY EVALUATION CRITERIA
Vendor Proposed Scope of
Services
Points Based
45 Points (45%)
Project Team and
Experience
Points Based
35 Points (35%)
General
Points Based
15 Points (15%)
Local Sub-Consultant
Involvement
Points Based
5 Points (5%)
Total Score
(Max Score 100)
Woodard & Curran 41.1 31 12.5 1 85.54
Carollo Engineers 36.8 31.1 12.7 1.1 81.65
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UTILITIES DEPARTMENT
RFP-00036
Tuesday, August 19, 2025
INTRODUCTION
1. NOTICE TO CONSULTANTS
Dear Consultant:
The City of Modesto (City) is soliciting Request for Proposals (RFP) from the Utilities PreQualified list of Engineering firms for Asset Management Gap Analysis. The purpose of the project is to conduct a gap analysis of the existing asset management practices for both the Water and Wastewater Divisions. The goal is to identify deficiencies, inefficiencies, and opportunities for improvement in managing assets, including, but not limited to, equipment, pipes, pumps, motors, containers, electrical equipment, monitors, and other critical infrastructure.
If you wish to be considered for this project, please electronically submit your Proposals through the City's OpenGov Procurement portal before 4:30 pm on Monday, October 13, 2025. Proposals received in any other format will not be accepted.
A selection committee will evaluate all submittals; however, the Request for Proposals (RFP) does not commit the City to award a subsequent Agreement for Consultant Services, to pay for any costs incurred in preparation or presentation of the Proposals, or to procure a contract for services. Following the selection committee’s evaluation of submittals, interviews may be conducted and your firm may be contacted to schedule an interview date. Afterwards, the City may select a consultant to proceed with this project. The selection considerations for evaluating the submitted documents are included in this Request for Proposals (RFP).
This Request for Proposals (RFP) contains specific instructions and requirements for preparing and submitting a Proposals.
A mandatory walkthrough must be attended on September 8, 2025 at 1221 Sutter Avenue, Modesto, CA by a member of your consultant firm. Failure to attend will deem the Proposal as non-responsive and will not be considered.
2. BACKGROUND
The City of Modesto Wastewater Division operates and maintains the City’s sewer and storm collection systems and treatment plants. An average of 20 million gallons of Modesto’s wastewater is collected and treated per day at the City’s Regional Water Recycling Facility (RWRF) – Sutter Campus, and nearly 15 million of those gallons are further treated at RWRF - Jennings Campus to tertiary (recycled water) levels and the remaining flows are treated to secondary levels. The remaining water and the solids that have been removed are treated and applied to the 2,458 acres of the Jennings’ Ranch.
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Asset Management Gap Analysis