January 16, 2024, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
January 16, 2024
Honorable Mayor and Members of the City Co~il
Eric Heidemann, Director of Public Works 4, y
Will Wiley, Assistant Director of Public Works for Maintenance Operation_ (858) 668-4705 or [email protected]
Award of Agreement to Agricultural Pest Control Services, Inc., for As-Needed Pest Control Maintenance Services; RFP No. 24-010
A Request for Proposals (RFP) for As-Needed Pest Control Maintenance Services, RFP No. 24-010, was duly advertised on November 9 and November 16, 2023. Seven (7) responsive proposals were received and opened on November 27, 2023. Staff reviewed the proposals submitted and selected Agricultural Pest Control Services, Inc., as the company providing the best value for pest control maintenance services to the City of Poway (City). Staff determined Agricultural Pest Control Services, Inc., to be responsive and qualified to provide these services. The term of the Agreement is for two (2) years beginning on January 17, 2024, through December 31, 2025, with three (3) one-year term extensions.
Recommended Action:
It is recommended the City Council award the agreement for As-Needed Pest Control Maintenance Services; RFP No. 24-010, to Agricultural Pest Control Services, Inc., and authorize the City Manager to execute all necessary documents associated with the agreement.
Discussion:
The City has a continuing need for as-needed pest control maintenance services at facilities throughout the city. The City wishes to enter into an agreement with a company that is proactive in their approach to work and can meet or exceed the qualifications set forth in this proposal package.
On November 9 and November 16, 2023, staff duly advertised an RFP for as-needed pest control maintenance services. The RFP was advertised on the online bid portal, and in the local newspaper.
This agreement is intended to provide all contractually required monthly pest control services, both interior and exterior of the buildings, at 49 sites throughout the City, including two (2) facilities for the Housing Authority to be utilized on an as-needed basis, as directed by staff. Other pest control services include as-needed monthly gopher and squirrel control inspections and as-needed bee, wasp, and hornet control throughout the City. Seven (7) proposals were received. A cost summary of the 1 of25
January 16, 2024, Item #6
proposals received is provided in Table 1 below. Provided in Table 2 is a cost summary of the as needed hourly rates per line of service.
Table 1: As-Needed Pest Control Maintenance Services Annual Cost Summary Critter Gitters
Pest Master Agricultural Cartwright Pest Payne Pest
Services, Pest Control Termite and Management Advanced Management LP. Srvs, Inc. Pest Control Inc. 1PM Orkin* Inc.*
Monthly
Total $717.25 $774.00 $850.00 $2,093.00 $3,495.25 $3,982.00 $6,975.00 Annual
Total $8,607.00 $9,288.00 $10,200.00 $25,116.00 $41,943.00 $55,229.00* $122,500.00* Table 2: As-Needed Hourly (Regular) Pest Control Services Cost Summary Pest Critter Gitters
Master Agricultural Cartwright Pest Payne Pest
Services, Pest Control Termite and Management Advanced Management LP. Srvs, Inc. Pest Control Inc. 1PM Orkin Inc.
As-Needed
Hourly Pest
Control $60.70 $85.00 $60.00 $54.00 $295.00 $112.50 $125.00 As-Needed
Gopher and
Squirrel
Control $60.70 $85.00 $60.00 $95.00 $295.00 $112.50 $300.00 As-Needed
Bee, Wasps,
Hornets
Control $60.70 $85.00 $75.00 $225.00 $295.00 $112.50 $300.00 Evaluation criteria for the proposals included overall experience and duration of experience, technical expertise, work force coverage capacity, references, cost of service, Cal/OSHA safety program compliance and technical training programs. During evaluation of cost of service, it was determined two proposers, identified with an asterisk in Table 1 above, submitted mathematical errors in their monthly and annual total submissions, resulting in disqualification. Based on the submitted proposal and prior experience with Agricultural Pest Control Services, Inc., the City has confidence they will provide the required service and respond quickly to pest control maintenance services and requests.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the Fiscal Year 2023-24 operating budgets of Park, Trail and Landscape Maintenance account, 414040-41200; Facilities Maintenance account, 415010-41200; and Housing Authority Fund account, 309030-41200.
Public Notification:
None.
2 of25
January 16, 2024, Item #6
Attachments:
A. Standard Agreement
Reviewed/Approved By:
Assistant City Manager
3 of25
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
January 16, 2024, Item #6
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
17th
day
of
January
2024,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
AGRICULTURAL
PEST
CONTRL
SERVICES,
INC.,
(hereinafter
referred
to
as
"Contractor").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
Contractor
to
perform
As-Needed
Pest
Control
Maintenance
Services;
WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONTRACTOR
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Contractor
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Contractor
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Contractor.
During
said
60-day
period
Contractor
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Contractor
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
4 of25
ATTACHMENT
A
January 16, 2024, Item #6
failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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January 16, 2024, Item #6
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall, at all times, comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of25
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
January 16, 2024, Item #6
D
2. Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result
, Contractor
shall
be
required
to
file
a
Statement
of
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner
as
required
by
law.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted,
except
as
otherwise specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void.
11. Maintenance
of
Records.
Contractor
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
agreement
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Contractor
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway
. City
shall
have
the
right
to
control
Contractor
only
insofar
as
the
results
of
Contractor's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Contractor
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Contractor
represents
and
declares
to
City
that
it
has
all
licenses,
permits
,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Contractor
represents
and
warrants
to
City
that
Contractor
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license, permit,
or
approval
which
is
legally
required
for
Contractor
to
practice
its
profession
.
14. Contractor's
Insurance.
Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
7 of25
January 16, 2024, Item #6
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
8 of25
January 16, 2024, Item #6
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge,
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.
17. Contractor
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.
Contractor's
personnel
shall
at all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
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January 16, 2024, Item #6
20. Governing
Law.
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Contractor"
shall
mean
the
individual
or
corporate
Contractor
and
any
and
all
employees
of
Contractor
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24 Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
10 of
25 January 16, 2024, Item #6
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.
A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified
.
25. Severability. If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if a
narrower
construction
would
avoid
such
invalidity, illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
left
blank
intentionally)
11 of25
January 16, 2024, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-------,------
Chris Hazeltine, City Manager
Date: -----------
ATTEST:
By:-----------
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
12 of25
AGRICULTURAL PEST CONTROL
SERVICES, INC.
By: __________ _
Matthew Oliver, President
Date: -----------
January 16, 2024, Item #6
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
A.
Scope
of
Services.
The
Scope
of
Work
is
intended
to
cover
pest
control
maintenance
services
for
all
facilities
assigned
to
the
Contractor.
Pest
control
maintenance
services
for
City
facilities
will
include
(but
are
not
limited
to)
such
services
as:
1. Includes
all
types
of
rodents,
roaches,
ants,
silverfish,
and
other
insects.
2. Monthly
service
is
required
at
each
of
the
facilities
listed
in
the
Facilities
List.
3. Additional
application,
trap
installations,
or
rodent
removals,
when
necessary,
will
be
performed
within
24-hours
of
a
request
from
the
Public
Works
Administrative
Staff
or
the
Contract
Specialist/Inspector.
There
will
be
no
extra
charge
for
the
additional
service
calls
for
all
listed
facilities
on
the
monthly
service
contract.
4. The
Contractor
shall
provide
any
and
all
notification
and/or
posting
required
by
Federal,
State,
or
Local
laws,
rules,
or
regulations
as
an
included
part
of
the
Proposed
Cost
of
Service
chart.
5. All
work
will
be
performed
in
a safe
manner
and
in
accordance
with
the
most
modern
and
effective
scientific
pest
control
procedures.
6. The
Contractor
shall
furnish
the
Public
Works
Contract
Specialist/
Inspector
with
Safety
Data
Sheets
for
all
pesticides
used
in
conjunction
with
pest
control
activities.
7. Contractor
shall
furnish
Contract
Specialist/Inspector
with
monthly
schedule
of
services,
including
dates
and
times
of
inspection
and
treatment
of
all
facilities.
8. Upon
each
service
visit,
the
Service
technician
will
make
a
thorough
inspection
of
each
facility
and
shall
make
notations
as
described
in
this
section
.
9. Areas
of
active
infestation
will
be
noted
on
service
report.
10. Service
technicians
must
possess
a
Qualified
Applicators
Certificate
from
the
State
of
California
appropriate
to
these
maintenance
services
and
shall
perform
all
pesticide
or
bait
applications
under
this
agreement.
11 .
Any
and
all
needed
action
will
be
taken
to
render
complete,
preventative
,
and
corrective
insect,
rodent
or
other
animal
abatement
treatments
.
13 of25
10 January 16, 2024, Item #6
B.
Insects -Control Methods may include:
a. Application of liquid residual insecticides to cracks and crevices where pests breed.
b. Application of liquid residual insecticides as a spot treatment where pests are found.
c. Application of insecticide dusts to voids or concealed areas. d. Use of baits where necessary.
e. Application of liquid insecticides or repellents around trash cans, trash receptacles, trash dumpsters, and trash enclosures for flies or other nuisance insect infestations.
f. Submittal of Service and Inspection Reports and recommendations for preventative measures.
g. Removal of spiderwebs on exterior lights, corner of buildings, etc. h. Removal of nests on walls, eaves, etc.
Rodents or Other Animals -Control Methods may include:
a. Inspect facilities monthly for signs of rodent or other animal activity or infestation.
b. When rodent or other animal activity is found, control measures will be applied and increased in the areas of activity.
c. When rodent or other animal activity is found or suspected, tracking powder may be used in tracking powder stations or concealed voids. d. Snap traps (baited or with expanded trigger) may be used in areas where such traps will not present a hazard to customers and/or employees.
e. Glue stations shall be used in areas where a hazard to customers or employees may exist.
f. The Contractor shall check and maintain all traps and remove rodents from them on a weekly basis until seven days pass without evidence of rodent infestation.
g. Bait stations may be used in unoccupied storage facilities but shall not be used in occupied buildings.
h. The Contractor shall provide traps and materials at no extra cost to the City and shall maintain the increased activity until rodent activity is no longer evident.
i. Restricted material may be used with proper licensing and pre City approval.
Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated November 27, 2023, which are included in this document as Attachment 1. Total fee is not to exceed $58,850 per year for as needed services not to exceed the City's adopted fiscal year operating budget for as-needed pest control maintenance services. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
14 of 25
January 16, 2024, Item #6
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing January 17, 2024, and ending December 31, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2025. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
15 of 25
January 16, 2024, Item #6
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Contractor:
16 of 25
City of Poway
P.O. Box 789
Poway, CA 92074
Agricultural Pest Control Services
9927 Maine Ave.
Lakeside, CA 92040
January 16, 2024, Item #6
Facility City
Hall
Council
Chambers
Public
Works
Admin
Building
Public
Works
Operations
Buildinq
Public Works
Fleet
Maintenance
Public
Works
Vehicle
Storage/
Facility
Shop
Lake
Poway
Admin
Building
Lake
Poway
Concession
Stand
Lake
Poway
Boat
Dock
Lake
Poway
Pavilion
Lake
Poway
Entrance
Booth
Lake
Poway
Crew
Facility
Lake
Poway
Staging
Area
Lake
Poway
Lower
Ball
Field
Restrooms
Lake
Poway
Middle
Restrooms
Lake
Poway
Upper
Restrooms
Poway
Community
Swim
Center
Admin
Poway
Community
Swim
Center
Pool
Filter
House
Poway
Community
Swim
Center
Lifeguard
Building
17 of
25 ATTACHMENT
1 FEE
SCHEDULE
Address
Annual Service Events
13325
Civic
12 Center
Dr.
13325
Civic
12 Center
Dr.
14467
Lake
12 Poway
Rd.
14467
Lake
12 Poway
Rd
.
14415
Lake
12 Poway
Rd.
14445
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd.
14656
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd
14644
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd.
14644
Lake
12 Poway
Rd.
13094
Civic
12 Center
Dr.
13094
Civic
12 Center
Dr.
13094
Civic
12 Center
Dr.
Monthly
Annual
Service
Fee
Fee $40
.00
$480
.00
$25.00
$300.00
$25.00
$300.00
$40.00
$480.00
$11.00
$132.00
$11.00
$132.00
$53
.00
$636.00
$5.00
$60.00
$5.00
$60
.00
$5.00
$60.00
$5.00
$60.00
$5.00
$60.00
$5.00
$60.00
$5.00
$60.00
$5.00
$60.00
$5.00
$60.00
$15.00
$180.00
$5.00
$60.00
$11.00
$132.00
January 16, 2024, Item #6
Mickey
Cafagna
Community
13094
Civic
12 $15.00
$180.00
Center
Building
Center
Dr.
Mickey
Cafagna
Community
13094
Civic
12 $5.00
$60.00
Center
Ball
Field
Restrooms
Center
Dr.
Mickey
Cafagna
Community
13094
Civic
12 $5.00
$60.00
Center
Skate
Park
Center
Dr.
Community
Park
Staging
13094
Civic
12 $5.00
$60.00
Area
Center
Dr.
Old
Poway
Park
14122
12 $10.00
$120.00
Museum/Hamburger
Factorv
Midland
Rd.
Old
Poway
Park
Train
Barn
14154
12 $10.00
$120.00
Midland
Rd.
Old
Poway
Park
Train
Depot
14134
12 $10.00
$120.00
Midland
Rd.
Old
Poway
Park
Templars
14134
12 $10.00
$120.00
Hall
Midland
Rd.
Old
Poway
Park
Porter
14134
12 $10.00
$120.00
House
Midland
Rd.
Old
Poway
Park
Nelson
14128
12 $10.00
$120.00
House
Midland
Rd.
Water
Treatment
Plant
14521
Lake
12 $25.00
$300.00
Admin
Buildinq
Poway
Rd.
Water
Treatment
Plant
14521
Lake
12 $5.00
$60.00
Chlorine/Chemical
Building
Poway
Rd.
Water
Treatment
Plant
Filter
14521
Lake
12 $5.00
$60.00
Control
Building
Poway
Rd.
Water
Treatment
Plant
14521
Lake
12 $5.00
$60.00
Camelback
Pump
Station
Poway
Rd.
Water
Treatment
Plant
14521
Lake
12 $18.00
$216.00
Treatment/Ammonia
Poway
Rd.
Buildinq
Material
Handling
Yard
12325
12 $25.00
$300.00
Hazardous
Waste
Building
Crosthwaite
Cir.
Material
Handling
Yard
12325
12 $5.00
$60.00
Lounge
Trailer
Crosthwaite
Cir.
Meadowbrook
Gymnasium
1230
12 $35.00
$420.00
Meadowbrook
Ln.
Twin
Peaks
Gymnasium
14640
Tierra
12 $35.00
$420.00
Bonita
Rd.
Fire
Station
1 13050
12 $18
.00
$216.00
Community
Rd.
Fire
Station
2 16914
12 $18.00
$216.00
Wrestlinq
Ct.
18 of
25 January 16, 2024, Item #6
Fire Station 3 14322 12 $18.00 $216.00
' Pomerado
:~ ' Rd.
Performing Arts Center :.~ 15498 Espola 12 $48.00 $576.00 Rd.
Aubrey Park Restroom and 13540 Aubrey 12 $5.00 $60.00
Building St.
Aubrey Park Staging Area 13564 Aubrey 12 $25.00 $300.00 St.
Poway Library 13137 Poway 12 $48.00 $576.00
Rd.
Kumeyaay lpai Interpretative 13104 lpai 12 $35.00 $420.00 Services Waaypuk
Trail.
Silverset Park Restroom 14795 12 $5.00 $60.00
Silverset St.
Starridge Park Restroom 13745 12 $5.00 $60.00
Carriage Rd.
Arbolitos Park Restroom 14401 12 $5.00 $60.00
Pomerado
Rd.
Garden Road Park 14901 12 $5.00 $60.00
Restroom Garden Rd.
Hilleary Park Restroom 13500 12 $5.00 $60.00
Community
Rd.
Valle Verde Park Restroom 16899 St. 12 $5.00 $60.00
Andrews Dr.
Total $774.00 $9,288.00
19 of 25
January 16, 2024, Item #6
As-Needed Hourly Pest Control
Service Type: Pest Control Mon.-Fri. (Regular Work Overtime Hours, Location: City-owned Hours 7:00 A.M. to 4:30 Weekends
properties (not on Proposal P.M.) and Holidays
Table 1) and/or Poway
Housinq Authority properties
One (1) Service Technician, $85.00 $125.00
One (1) Vehicle
As-Needed Hourly Gopher and Squirrel Control
Service Type: Gopher and Mon.-Fri. (Regular Work Overtime Hours, Squirrel Control Hours 7:00 A.M. to 4:30 Weekends
Location: City-owned P.M.) and Holidays
properties and/or Poway
Housing Authority
properties
One (1) Service $85.00 $125.00
Technician, One (1)
Vehicle
As-Needed Hourly Bees, Wasps, Hornets Control
Service Type: Pest Control Mon.-Fri. (Regular Work Overtime Hours, Location: City-owned Hours 7:00 A.M. to 4:30 Weekends
properties and/or Poway P.M.) and Holidays
Housing Authority properties
One (1) Service Technician, $85.00 $125.00
One (1) Vehicle
(Remainder of page intentionally left blank)
20 of 25
January 16, 2024, Item #6
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California Public
Employees'
Pension
Reform
Act
o/2013
§
7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a
pension
benefit
from
a
public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(a)
A
retired
person
shall
not serve,
be
employed
by,
or
be
employed
through
a
contract
directly
by,
a
public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section.
(b)
A
person
who
retires
from
a
public
employer
may
serve
without
reinstatement
from
retirement
or loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a
public
employer
either
during
an
emergency
to
prevent stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
(d
) Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a
total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
21 of25
(1
)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a
public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
January 16, 2024, Item #6
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer
. A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
22 of
25 (1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
January 16, 2024, Item #6
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
(4)The
retiree
is
a
public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
o{the
Education
Code.
(i)This
section
shall
not
apply
to
(1)
a
subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a
judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a
trial
court,
or
(2)
a
retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543
.5.
History Added
Stats
2012
ch
296
§ 15
(AB
340).
effective
January
1. 2013.
Amended
Stats
2013
.ch
528
§ 11
(SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
1. 2013;
Stats
2014
ch
238
§ 1 (AB
2476).
effective
January
1. 2015
.
Annotations Notes Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(I)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
23 of25
January 16, 2024, Item #6
GUARANTY
To the City of Poway, City Council, for:
AS-NEEDED PEST CONTROL MAINTENANCE SERVICES
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
24 of 25
January 16, 2024, Item #6
WORKERS'
COMPENSATION
INSURANCE
CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Contractor
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"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
comply
with
such
provisions
before
commencing
the
performance
of
the
work
of
this
Contract."
Contractor By Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due
to
his
employees."
25 of25