HomeMy WebLinkAboutA9001 - The Lloyds Pest Control Co.CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Citywide Pest Control Services
The Lloyds Pest Control Co.
Curtis Smith
curtis.smith@lloydpest.com
Citywide pest control services
$85,778.08 (including this A#3 for $18,405.08 - 1year extension option)
December 1, 2021 through November 20, 2025 (including this A#3 exercising the first optional extension term
N/A
Mike Magnuson, Regional Manager
mike.magnuson@lloydpest.com
Public Works
David McAbee / Daniel Martinez
11/23/21; 12/8/22; 6/3/24;
A9001
3
Yes
Yes
Yes
Procurement
N/A
No N/A
01/08/2025 Tabitha Richards
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. A9001
CITYWIDE PEST CONTROL SERVICES
This Amendment No. 3 to the Contract Services Agreement (A9001), (“Amendment
No. 3”), is made and entered into this 28th day of October 2024, by and between the City of
Palm Springs, a California charter city and municipal corporation, hereinafter designated as
the City, and The Lloyd Pest Control Co., a California corporation, hereinafter designated as
the Contractor. City and Contractor are individually referred to as “Party” and are collectively
referred to as the “Parties”.
RECITALS
A. City determined its need of a Pest Extermination and Control Company, for
Citywide Pest Control Services.
B. City issued an Invitation for Bid (“IFB”) No. 22-03, seeking sealed bids to provide
citywide pest control services, and setting for the terms, conditions, and covenants governing
the provision of such services.
C. On December 1, 2021, City Manager approved a Contract Services Agreement
(A9001) with Contractor to provide citywide pest control services in an amount not to exceed
$54,248.00.
D. On December 8, 2022, Parties entered into Amendment No. 1 to modify the
locations identified in Exhibit “A” Scope of Services/Work IFB 22-03 Bid Worksheet to 1)
reduce twice monthly services at City Hall Dog Park, and Leisure Center to once a month
services; 2) remove duplicate locations; 3) add Palm Springs USO, PSUSD Head Start, Police
Department Bait Stations, Welwood Bait Stations; and 4) remove Agua Caliente Museum,
and Palm Springs Animal Shelter, for a contact amount not to exceed $54,248.00.
E. On June 3, 2024, Parties entered into Amendment No. 2 to modify the locations
identified in Exhibit “A” Scope of Services/Work IFB 22-03 Bid Worksheet to add 2901 E Alejo
Road and a cost for installation o exterior rodent stations for an additional amount of
$6,588.00, and a revised contract amount not to exceed $60,836.
F. City desires to exercise the first one-year optional renewal terms and implement
the CPI adjustment of 1.5% to rate identified in Exhibit “A” Scope of Services/Work IFB 22-03
Bid Worksheet for an additional amount of $18,405.08 for regular monthly services and $6,537
for additional as-needed services, for a revised contract amount not to exceed $85,778.08.
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
G. Contractor desires to perform said services on the terms and conditions set forth
in this Amendment.
In consideration of these promises and mutual obligations, covenants, and conditions,
the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein
as the basis for this Amendment No. 3.
SECTION 2. 3.1 Compensation of Contractor. is hereby replaced in its entirety as follows:
“3.1. Compensation of Contractor. Contractor shall be compensated and reimbursed for
the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit “A”. The total Compensation shall not exceed Eighty-Five Thousand Seven Hundred
Seventy-Eight Dollars and Eight Cents ($85,778.08), for the four-year term of the contract.
SECTION 3. 4.4 Term. Is hereby replaced in its entirety as follows:
“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this
Agreement shall continue in full force and effect for a period of four (4) years, commencing on
December 1, 2021, and ending on November 30, 2025, unless extended by mutual written
agreement of the Parties.”
SECTION 4. Exhibit “A” Contractor’s Scope of Services/Work including, Schedule of Fees
and Schedule of Performance IFB 22-03 Bid Worksheet Locations is hereby amended as
follows:
THE FOLLOWING LOCATIONS ARE SERVICED ONCE PER
MONTH
LOCATION ADDRESS SQUARE FEET Cost Year 4 CPI
Fire Training Center 3000 E. Alejo Road
1,410 20 20.3
Palm Springs Stadium 1901 E. Baristo Road
16,506 24 24.36
Baristo Practice Field 1901 E. Baristo Road
480 15 15.23
City Hall Dog Park 222 N. civic Drive
56,000 16 16.24
Leisure Center 401 S. Pavilion Way
15,155 19 19.29
Palm Springs USO
210 N. El Cielo Road, Suite
102 43 43.65
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
Belardo Parking Structure 230 Museum Drive
1,515 20 20.3
Fire Station #1 277 N. Indian
5,364 15 15.23
Fire Station #2 300 N. El Cielo Road
19,309 20 20.3
Fire Station #3 590 E. Racquet Club Road
6,266 15 15.23
Fire Station #4 1300 La Verne Way
5,380 15 15.23
Fire Station #5 5800 Bolero Road
3,764 15 15.23
PSUSD Head Start 480 Tramview Road 36 36.54
J.C. Frey Building 1711 E. Baristo Road
3,617 15 15.23
Police Station Bait Stations 200 S. Civic Drive 50 50.75
Downtown Park 230 Museum Drive
64,033 20 20.3
J.O.J. D.H. Unity Center 480 Tramview Road
13,373 20 20.3
Swim Center 405 Pavilion Way
8,048 15 15.23
Visitor's Center/Entry Sign 2901 N. Palm Canyon
2,761 20 20.3
Palm Springs Public Library 300 S. Sunrise Way
34,254 20 20.3
City Corporate Yard 425 N. Civic Drive
44,782 37 37.56
Cogen Municipal Plant 205 N. El Cielo Road
2,116 20 20.3
Cogen Sunrise Plant 403 S. Pavilion Way
1,702 20 20.3
Palm Springs Skate Park 403 S. Pavilion Way
30,000 20 20.3
Baristo Parking Structure 275 S. Indian Canyon
124,251 20 20.3
Police Sub Station/Restrooms 230 Museum Drive
1,475 20 20.3
Welwood Murray Library 100 S. Palm Canyon Drive
5,953 20 20.3
Welwood Murray Bait Stations 100 S. Palm Canyon Drive 40 40.6
Palm Springs Train Station N. Indian Canyon Drive
2,160 20 20.3
Plaza Theatre 128 S. Palm Canyon Drive
15,100 20 20.3
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
Palm Canyon Theatre 538 N. Palm Canyon Drive
13,199 20 20.3
Desert Art Center 550 N. Palm Canyon Drive
5,073 20 20.3
Demuth Community Park 3601 E. Mesquite Ave.
21,000 20 20.3
Demuth Concessions Building 4365 E. Mesquite Ave.
1,767 15 15.23
Accelerator Campus 2901 E Alejo Road 143 145.15
MCMANUS VILLAGE BUILDINGS (5
Buildings)
Cornelia White House 223 S. Palm Canyon Drive
940 16 16.24
Cultural Museum Gallery 221 S. Palm Canyon Drive
3,310 16 16.24
Fudge & Candy Shop 211 S. Palm Canyon Drive
2,685 16 16.24
Jim Ruddy's General Store 219 S. Palm Canyon Drive
916 16 16.24
CITY PARK RESTROOMS
Demuth Restrooms (3 Buildings) Mesquite Ave.
1,670 20 20.3
Ruth Hardy Park Restroom 700 Tamarisk Road
684 15 15.23
Sunrise Park 1401 E. Baristo Road
200 15 15.23
Victoria Park 2650 Via Miraleste
684 17 17.26
GRANT TOTAL MONTHLY SERVICE
(ONCE PER MONTH)
1,019
1,034
ANNUAL SERVICE (MONTH X12)
12,228
12,412
THE FOLLOWING LOCATIONS ARE SERVICED TWICE PER
MONTH
LOCATION ADDRESS SQUARE FEET
Police Department 200 S. Civic Drive
53,680 76 77.14
Palm Springs Access Center 225 El Cielo Road
2,095 38 38.57
City Hall
3200 E. Tahquitz Canyon
Way
48,183 38 38.57
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
Pavilion 403 S. Pavilion Way
20,200 38 38.57
PALM SPRINGS INTERNATIONAL
AIRPORT
Main Terminal Building
3400 E. Tahquitz Canyon
Way
113,785 48 48.72
Bono Concourse
3400 E. Tahquitz Canyon
Way
78,722 48 48.72
RJ Concourse South
3400 E. Tahquitz Canyon
Way
15,000 48 48.72
Ground Transportation Center Facility
(GTC - Taxi Building & CNG Fueling
Station)
3400 E. Tahquitz Canyon
Way
1,990 48 48.72
Loop Road/Parking Lots
3400 E. Tahquitz Canyon
Way
641,501 48 48.72
Customs Facility
3400 E. Tahquitz Canyon
Way
3,638 31 31.47
Vehicle Inspection Plaza
3400 E. Tahquitz Canyon
Way
2,000 31 31.47
GRANT TOTAL MONTHLY SERVICE (TWICE PER MONTH) 492 499.39
ANNUAL SERVICE (MONTH X12)
5,904
5,993
ADDITIONAL SERVICES
Provide Hourly Rate for additional services (as needed)
100 50 50.75
Initial set-up of exterior rodent
stations
96 15 15.23
TOTAL FOR ADDITIONAL SERVICES
6,440
6,537
0
CUMULATIVE MONTHLY AND TWICE PER MONTH GRANT TOTAL FOR ALL CITY
FACILITIES:
1,511
1,534
CUMULATIVE ANNUAL GRANT TOTAL FOR ALL CITY FACILITIES:
18,132
18,405
TOTAL FOR ADDITIONAL SERVICES (AS NEEDED)
6,440
6,537
BASIS OF AWARD CUMULATIVE 3 YEAR GRANT TOTAL FOR ALL CITY FACILITIES +
ADDITIONAL SERIVCES:
60,836
TOTAL CONTRACT YEARS 1 - 4 GRANT TOTAL
85,778.08
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the Contract
Services Agreement A9001, unless specifically modified herein, shall continue in full force and
effect. In the event of any conflict or inconsistency between the provisions of this Amendment
No. 3 and any provisions of the Contract Services Agreement A9001, the provisions of this
Amendment No. 3 shall in all respects govern and control.
SECTION 6. The persons executing this Amendment No. 3 on behalf of the Parties hereto
warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment
No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) the
entering into this Amendment No. 3 does not violate any provision of any other agreement to
which said Party is bound.
Except as specifically amended by this Amendment No. 3, all terms, and provisions of
Agreement No. A9001 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
SIGNATURE PAGE TO AMENDMENT NO. 3 (A9001) BY AND BETWEEN THE CITY OF
PALM SPRINGS AND THE LLOYD PEST CONTROL CO.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
CONTRACTOR:
By:___________________________ By:____________________________________
Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: __N/A___ Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By:
City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Curtis Smith (Dec 23, 2024 12:10 PST)
23/12/24
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
1/22/2025
Llody Pest Control_Amendment No. 3_City of
Palm Springs
Final Audit Report 2024-12-23
Created:2024-12-23
By:Commercial GP (accounts@lloydpest.com)
Status:Signed
Transaction ID:CBJCHBCAABAAHs5JkcSos71mTHpCVwJi0bJ3V8tb78fD
"Llody Pest Control_Amendment No. 3_City of Palm Springs" Hi
story
Document created by Commercial GP (accounts@lloydpest.com)
2024-12-23 - 8:05:56 PM GMT
Document emailed to curtis.smith@lloydpest.com for signature
2024-12-23 - 8:06:01 PM GMT
Email viewed by curtis.smith@lloydpest.com
2024-12-23 - 8:09:52 PM GMT
Signer curtis.smith@lloydpest.com entered name at signing as Curtis Smith
2024-12-23 - 8:10:24 PM GMT
Document e-signed by Curtis Smith (curtis.smith@lloydpest.com)
Signature Date: 2024-12-23 - 8:10:26 PM GMT - Time Source: server
Agreement completed.
2024-12-23 - 8:10:26 PM GMT
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A9001
CITYWIDE PEST CONTROL SERVICES
This Amendment No. 2 to the Contract Services Agreement (A9001), (“Amendment
No. 2”), is made and entered into this 3rd day of June, 2024, by and between the City of Palm
Springs, a California charter city and municipal corporation, hereinafter designated as the
City, and The Lloyd Pest Control Co., a California corporation, hereinafter designated as the
Contractor. City and Contractor are individually referred to as “Party” and are collectively
referred to as the “Parties”.
RECITALS
A. City determined its need of a Pest Extermination and Control Company, for
Citywide Pest Control Services.
B. City issued an Invitation for Bid (“IFB”) No. 22-03, seeking sealed bids to provide
citywide pest control services, and setting for the terms, conditions, and covenants governing
the provision of such services.
C. On December 1, 2021, City Manager approved a Contract Services Agreement
(A9001) with Contractor to provide citywide pest control services in an amount not to exceed
$54,248.00.
D. On December 8, 2022, Parties entered into Amendment No. 1 to modify the
locations identified in Exhibit “A” Scope of Services/Work IFB 22-03 Bid Worksheet to 1)
reduce twice monthly services at City Hall Dog Park, and Leisure Center to once a month
services; 2) remove duplicate locations; 3) add Palm Springs USO, PSUSD Head Start, Police
Department Bait Stations, Welwood Bait Stations; and 4) remove Agua Caliente Museum,
and Palm Springs Animal Shelter, for a contact amount not to exceed $54,248.00.
E. City desires to modify the locations identified in Exhibit “A” Scope of Services/Work
IFB 22-03 Bid Worksheet to add 2901 E Alejo Road and a cost for installation o exterior rodent
stations for an additional amount of $6,588.00, and a revised contract amount not to exceed
$60,836.
F. Contractor desires to perform said services on the terms and conditions set forth
in this Amendment.
In consideration of these promises and mutual obligations, covenants, and conditions,
the Parties agree as follows:
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein
as the basis for this Amendment No. 2.
SECTION 2. 3.1 Compensation of Contractor. is hereby replaced in its entirety as follows:
“3.1. Compensation of Contractor. Contractor shall be compensated and reimbursed for
the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit “A”. The total Compensation shall not exceed Sixty Thousand Five Hundred Eighty
Eight Dollars ($60,588), for the original three-year term of the contract.
SECTION 3. Exhibit “A” Contractor’s Scope of Services/Work including, Schedule of Fees
and Schedule of Performance IFB 22-03 Bid Worksheet Locations is hereby amended as
follows:
IFB 22-03 BID WORKSHEET - CITYWIDE PEST CONTROL SERVICES
THE FOLLOWING LOCATIONS ARE SERVICED ONCE PER MONTH
LOCATION ADDRESS SQUARE FEET Cost
Fire Training Center 3000 E. Alejo Road 1,410 20
Palm Springs Stadium 1901 E. Baristo Road 16,506 24
Baristo Practice Field 1901 E. Baristo Road 480 15
City Hall Dog Park 222 N. civic Drive 56,000 16
Leisure Center 401 S. Pavilion Way 15,155 19
Palm Springs USO 210 N. El Cielo Road, Suite 102 43
Belardo Parking Structure 230 Museum Drive 1,515 20
Fire Station #1 277 N. Indian 5,364 15
Fire Station #2 300 N. El Cielo Road 19,309 20
Fire Station #3 590 E. Racquet Club Road 6,266 15
Fire Station #4 1300 La Verne Way 5,380 15
Fire Station #5 5800 Bolero Road 3,764 15
PSUSD Head Start 480 Tramview Road 36
J.C. Frey Building 1711 E. Baristo Road 3,617 15
Police Station Bait Stations 200 S. Civic Drive 50
Downtown Park 230 Museum Drive 64,033 20
J.O.J. D.H. Unity Center 480 Tramview Road 13,373 20
Swim Center 405 Pavilion Way 8,048 15
Visitor's Center/Entry Sign 2901 N. Palm Canyon 2,761 20
Palm Springs Public Library 300 S. Sunrise Way 34,254 20
City Corporate Yard 425 N. Civic Drive 44,782 37
Cogen Municipal Plant 205 N. El Cielo Road 2,116 20
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
Cogen Sunrise Plant 403 S. Pavilion Way 1,702 20
Palm Springs Skate Park 403 S. Pavilion Way 30,000 20
Baristo Parking Structure 275 S. Indian Canyon 124,251 20
Police Sub Station/Restrooms 230 Museum Drive 1,475 20
Welwood Murray Library 100 S. Palm Canyon Drive 5,953 20
Welwood Murray Bait Stations 100 S. Palm Canyon Drive 40
Palm Springs Train Station N. Indian Canyon Drive 2,160 20
Plaza Theatre 128 S. Palm Canyon Drive 15,100 20
Palm Canyon Theatre 538 N. Palm Canyon Drive 13,199 20
Desert Art Center 550 N. Palm Canyon Drive 5,073 20
Demuth Community Park 3601 E. Mesquite Ave. 21,000 20
Demuth Concessions Building 4365 E. Mesquite Ave. 1,767 15
Accelerator Campus 2901 E Alejo Road 143
MCMANUS VILLAGE BUILDINGS (5 Buildings)
Cornelia White House 223 S. Palm Canyon Drive 940 16
Cultural Museum Gallery 221 S. Palm Canyon Drive 3,310 16
Fudge & Candy Shop 211 S. Palm Canyon Drive 2,685 16
Jim Ruddy's General Store 219 S. Palm Canyon Drive 916 16
CITY PARK RESTROOMS
Demuth Restrooms (3 Buildings) Mesquite Ave. 1,670 20
Ruth Hardy Park Restroom 700 Tamarisk Road 684 15
Sunrise Park 1401 E. Baristo Road 200 15
Victoria Park 2650 Via Miraleste 684 17
GRANT TOTAL MONTHLY SERVICE (ONCE PER
MONTH)
1,019
ANNUAL SERVICE (MONTH X12)
12,228
THE FOLLOWING LOCATIONS ARE SERVICED TWICE PER MONTH
LOCATION ADDRESS SQUARE FEET
Police Department 200 S. Civic Drive 53,680 76
Palm Springs Access Center 225 El Cielo Road 2,095 38
City Hall 3200 E. Tahquitz Canyon Way 48,183 38
Pavilion 403 S. Pavilion Way 20,200 38
PALM SPRINGS INTERNATIONAL AIRPORT
Main Terminal Building 3400 E. Tahquitz Canyon Way 113,785 48
Bono Concourse 3400 E. Tahquitz Canyon Way 78,722 48
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
RJ Concourse South 3400 E. Tahquitz Canyon Way 15,000 48
Ground Transportation Center Facility (GTC -
Taxi Building & CNG Fueling Station) 3400 E. Tahquitz Canyon Way 1,990 48
Loop Road/Parking Lots 3400 E. Tahquitz Canyon Way 641,501 48
Customs Facility 3400 E. Tahquitz Canyon Way 3,638 31
Vehicle Inspection Plaza 3400 E. Tahquitz Canyon Way 2,000 31
GRANT TOTAL MONTHLY SERVICE (TWICE PER MONTH) 492
ANNUAL SERVICE (MONTH X12)
5,904
ADDITIONAL SERVICES
Provide Hourly Rate for additional services (as needed) 100 50
Initial set-up of exterior rodent stations 96 15
TOTAL FOR ADDITIONAL SERVICES
6,440
CUMULATIVE MONTHLY AND TWICE PER MONTH GRANT TOTAL FOR ALL CITY FACILITIES:
1,511
CUMULATIVE ANNUAL GRANT TOTAL FOR ALL CITY FACILITIES:
18,132
TOTAL FOR ADDITIONAL SERVICES (AS NEEDED)
6,440
BASIS OF AWARD CUMULATIVE 3 YEAR GRANT TOTAL FOR ALL CITY FACILITIES + ADDITIONAL
SERIVCES:
60,836
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
SECTION 3. Full Force and Effect. All terms, conditions, and provisions of the Contract
Services Agreement A9001, unless specifically modified herein, shall continue in full force and
effect. In the event of any conflict or inconsistency between the provisions of this Amendment
No. 2 and any provisions of the Contract Services Agreement A9001, the provisions of this
Amendment No. 2 shall in all respects govern and control.
SECTION 4. The persons executing this Amendment No. 2 on behalf of the Parties hereto
warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment
No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the
entering into this Amendment No. 2 does not violate any provision of any other agreement to
which said Party is bound.
Except as specifically amended by this Amendment No. 2, all terms, and provisions of
Agreement No. A9001 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
SIGNATURE PAGE TO AMENDMENT NO. 2 (A9001) BY AND BETWEEN THE CITY OF
PALM SPRINGS AND THE LLOYD PEST CONTROL CO.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
CONTRACTOR:
By:___________________________ By:____________________________________
Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: __N/A___ Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By:
City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Curtis Smith
6/4/2024 6/4/2024
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87B
6/5/2024
Docusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11
December8th
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
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12/8/2022
12/8/2022
DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
CONTRACT SERVICES AGREEMENT NO. A9001
CITYWIDE PEST CONTROL SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into
on December 1, 2021, by and between the City of Palm Springs, a California charter city
and municipal corporation (“City”), and The Lloyd Pest Control Co., a California corporation,
(“Contractor”). City and Contractor are individually referred to as “Party” and are collectively
referred to as the “Parties”.
RECITALS
A. City requires the services of a Pest Extermination and Control Company, for
Citywide Pest Control, (“Project”).
B. Contractor has submitted to City a Bid to provide Citywide Pest Control Services, to
City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified
and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants,
and conditions contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide services to City as described in the Scope of Services/Work
attached to this Agreement as Exhibit “A” and incorporated herein by reference (the
“Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and
the schedule of fees. Contractor warrants that the Services shall be performed in a
competent, professional, and satisfactory manner consistent with the level of care and skill
ordinarily exercised by high quality, experienced, and well qualified members of the
profession currently practicing under similar conditions. In the event of any inconsistency
between the terms contained in the Scope of Services/Work and the terms set forth in this
Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state,
and local laws, statutes and ordinances and all lawful orders, rules, and regulations when
performing the Services. Contractor shall be liable for all violations of such laws and
regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the
Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it
has carefully considered how the Work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the Work under this
Agreement.
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2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of
this Agreement according to the agreed upon schedule of performance set forth in Exhibit
“A.” Neither Party shall be accountable for delays in performance caused by any condition
beyond the reasonable control and without the fault or negligence of the non-performing
Party. Delays shall not entitle Contractor to any additional compensation regardless of the
Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set
forth in Exhibit “A”. The total amount of Compensation shall not exceed Fifty Four Thousand
Two Hundred Forty Eight Dollars ($54,248.00), for the original three-year term of the
contract.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment,
Contractor shall submit to City an invoice for Services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City’s
finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for
authorized services performed. City shall pay Contractor for all expenses stated in the
invoice that are approved by City and consistent with this Agreement, within thirty (30) days
of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by
City, Parties shall execute a written amendment to this Agreement, specifying all proposed
amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or Work,
when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event if
Contractor notifies the Contract Officer within ten (10) days of the commencement of the
Force Majeure Event. A Force Majeure Event shall mean an event that materially affects
the Contractor’s performance and is one or more of the following: (1) Acts of God or other
natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy;
(3) orders of governmental authorities (including, without limitation, unreasonable and
unforeseeable delay in the issuance of permits or approvals by governmental authorities
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that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For
purposes of this section, “orders of governmental authorities,” includes ordinances,
emergency proclamations and orders, rules to protect the public health, welfare and safety,
and other actions of the City in its capacity as a municipal authority. After Contractor
notification, the Contract Officer shall investigate the facts and the extent of any necessary
delay, and extend the time for performing the Services for the period of the enforced delay
when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the Parties to this Agreement. The
Contractor will not receive an adjustment to the contract price or any other compensation.
Notwithstanding the foregoing, the City may still terminate this Agreement in accordance
with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement,
this Agreement shall continue in full force and effect for a period of three (years),
commencing on December 01, 2021, and ending on November 30, 2024, unless extended
by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at
any time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be
determined by the City. Upon receipt of the notice of termination, Contractor shall
immediately cease all Services except such as may be specifically approved by the Contract
Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt
of the notice of termination and for any Services authorized by the Contract Officer after
such notice. City shall not be liable for any costs other than the charges or portions thereof
which are specified herein. Contractor shall not be entitled to payment for unperformed
Services and shall not be entitled to damages or compensation for termination of Work. If
the termination is for cause, the City shall have the right to take whatever steps it deems
necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor,
who shall be liable for the full cost of the City's corrective action. Contractor may not
terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated
as being the principal and representative of Contractor authorized to act and make all
decisions in its behalf with respect to the specified Services: Antonio Hernandez (name),
Business Development Manager (title). It is expressly understood that the experience,
knowledge, education, capability, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be
responsible during the term of this Agreement for directing all activities of Contractor and
devoting sufficient time to personally supervise the Services under this Agreement. The
foregoing principal may not be changed by Contractor without prior written approval of the
Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract
Officer fully informed of the progress of the performance of the Services. Contractor shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals, and
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employees, were a substantial inducement for City to enter into this Agreement. Contractor
shall not contract with any other individual or entity to perform any Services required under
this Agreement without the City's express written approval. In addition, neither this
Agreement nor any interest may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement including without limitation
the insurance and indemnification requirements. If Contractor is permitted to subcontract
any part of this Agreement by City, Contractor shall be responsible to City for the acts and
omissions of its subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents, or employees,
perform the Services required, except as otherwise specified. Contractor shall perform all
required Services as an independent contractor of City and shall not be an employee of City
and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Contractor’s work product, result, and advice. Contractor shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City.
Contractor shall pay all wages, salaries, and other amounts due personnel in connection
with their performance under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, and
workers’ compensation insurance. Contractor shall not have any authority to bind City in any
manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services in this Agreement. Contractor shall not alter the assignment of the following
personnel without the prior written approval of the Contract Officer. Acting through the City
Manager, the City shall have the unrestricted right to order the removal of any personnel
assigned by Contractor by providing written notice to Contractor.
Name: Title:
Antonio Hernandez Business Development Manager
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720
et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the
total compensation is $15,000 or more for maintenance or $25,000 or more for construction,
alteration, demolition, installation, or repair, Contractor agrees to fully comply with such
Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials,
officers, employees, and agents free and harmless from any claims, liabilities, costs,
penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply
with all California Labor Code provisions, which include but are not limited to prevailing
wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor
Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776),
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hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or
“maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant
to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors
performing such Services must be registered with the Department of Industrial Relations.
Contractor shall maintain registration for the duration of the Project and require the same of
any subcontractors, as applicable. This Agreement may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be
Contractor’s sole responsibility to comply with all applicable registration and labor
compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall
defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City,
its elected officials, officers, employees, agents, and volunteers (collectively the
“Indemnified Parties”), from and against any and all liabilities, actions, suits, claims,
demands, losses, costs, judgments, arbitration awards, settlements, damages, demands,
orders, penalties, and expenses including legal costs and attorney fees (collectively
“Claims”), including but not limited to Claims arising from injuries to or death of persons
(Contractor’s employees included), for damage to property, including property owned by
City, for any violation of any federal, state, or local law or ordinance or in any manner arising
out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct
committed by Contractor, its officers, employees, representatives, and agents, that arise out
of or relate to Contractor’s performance of Services or this Agreement. This indemnification
clause excludes Claims arising from the sole negligence or willful misconduct of the
Indemnified Parties. Under no circumstances shall the insurance requirements and limits
set forth in this Agreement be construed to limit Contractor’s indemnification obligation or
other liability under this Agreement. Contractor’s indemnification obligation shall survive the
expiration or earlier termination of this Agreement until all actions against the Indemnified
Parties for such matters indemnified are fully and finally barred by the applicable statute of
limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If
Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section
2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Contractor’s indemnification obligation shall be limited to the extent
which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor in the performance of the Services or this Agreement, and,
upon Contractor obtaining a final adjudication by a court of competent jurisdiction,
Contractor’s liability for such claim, including the cost to defend, shall not exceed the
Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
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8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor
shall keep such books and records as shall be necessary to properly perform the Services
required by this Agreement and enable the Contract Officer to evaluate the performance of
such Services. The Contract Officer shall have full and free access to such books and
records at all reasonable times, including the right to inspect, copy, audit, and make records
and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this
Agreement shall be the property of City. Contractor shall deliver all above-referenced
documents to City upon request of the Contract Officer or upon the termination of this
Agreement. Contractor shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or ownership of the
documents and materials. Contractor may retain copies of such documents for Contractor's
own use. Contractor shall have an unrestricted right to use the concepts embodied in such
documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents,
and other materials prepared by Contractor in the performance of Services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Contractor shall provide City, or other agents of City,
such access to Contractor’s books, records, payroll documents, and facilities as City deems
necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Contractor’s performance under this
Agreement. Contractor shall maintain such books, records, data, and documents in
accordance with generally accepted accounting principles and shall clearly identify and
make such items readily accessible to such parties during the term of this Agreement and
for a period of three (3) years from the date of final payment by City hereunder.
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9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State
of California, or any other appropriate court in such county, and Contractor covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California
Civil Code Section 1654) that ambiguities are to be construed against the drafting party,
shall not be employed in the interpretation of this Agreement. The caption headings of the
various sections and paragraphs of this Agreement are for convenience and identification
purposes only and shall not be deemed to limit, expand, or define the contents of the
respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City’s
consent to or approval of any subsequent act of Contractor. Any waiver by either Party of
any default must be in writing. No such waiver shall be a waiver of any other default
concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative. The exercise by either Party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain injunctive relief,
a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses. These include but are not limited to reasonable
attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred
in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Contractor or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement, nor shall
Contractor enter into any agreement of any kind with any such officer or employee during
the term of this Agreement and for one (1) year thereafter. Contractor warrants that
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Contractor has not paid or given, and will not pay or give, any third party any money or other
consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical
or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure
that applicants are employed, and that employees are treated during their employment,
without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to
enter this Agreement, and in executing this Agreement, Contractor certifies that its actions
and omissions hereunder shall not incorporate any discrimination arising from or related to
any prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship; and further, that Contractor is in full compliance with the provisions
of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision
of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either Party desires, or is required to give to the other Party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set
forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of
mailing if mailed as provided in this Section. Either Party may change its address by notifying
the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Lloyd Pest Control
Attention: Antonio Hernandez
19161 Newhall Street
North Palm Springs, CA 92258
11.2 Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements,
agreements, representations, and understandings, if any, made by or among the Parties
with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event
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that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained
in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of
a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of
the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement,
which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any rights
as a third-party beneficiary or otherwise, upon any entity or person not a party to this
Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and
agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant
that they are duly authorized to execute this Agreement on behalf of Parties and that by so
executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE LLOYD PEST CONTROL
CO.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
CONTRACTOR:
By: _____________________________ By: _____________________________
Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _N/A___ Item No. _N/A____ Agreement No. _A9001___
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________
Jeffrey S. Ballinger, Anthony Mejia,
City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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11/22/2021 11/23/2021
11/23/2021
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EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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SCOPE OF WORK
1.1 Scope:
A. The Contractor shall provide environmentally friendly pest extermination and control
services, including rodent and pest control, inside designated City-owned
buildings/facilities including the Airport buildings and in outside areas adjacent to these
designated buildings. Services shall be performed at least once per month at each and
twice per month will be required for specific locations detailed below.
B. The Contractor and all of Contractor’s personnel performing services hereunder shall
possess all licenses required by the State of California to perform said services,
including but not limited to the requirements of the Structural Pest Control Board and
the Department of Pesticide Regulation.
C. The Contractor agrees to provide the services in a safe and environmentally friendly
manner in accordance with current pest elimination procedures to eliminate rodents
and insects. The Contractor will provide all materials, supplies, equipment, personnel,
and supervision necessary to perform the required services. Material and methods of
application used in the performance of such services shall conform to applicable
federal, state, and local laws and regulations. Prior to commencement of work, the
Contractor shall furnish to the City’s Contract Officer Safety Data Sheets for all
chemicals to be used in the performance of the scope of work. A logbook shall be
provided by and completed by Contractor’s employee at the time of completion of any
work being performed at any City property. This logbook shall remain at the City Yard,
425 N. Civic Drive, Palm Springs, CA. 92262 and will list details of pest control
measurements by location and date.
D. In addition to the monthly and bi-weekly services, the Contractor shall be subject to
call-back any time an indication of an infestation is noted. The Contractor shall respond
to call-back requests within 24 hours at no additional cost to the City.
E. Special inspections may be requested by the City Representative, as needed. Any
problems noted during the inspection shall be corrected within the following a 24-hour
period.
F. Pests are defined as rodents (including rats, mice, moles, and squirrels), ants, mites,
cockroaches, crickets, silverfish, spiders, flies, larva, arachnoids, scorpions, and any
other pests defined as insects. Other flying insects that may need to be removed or
treated on an as-needed basis only are bees, wasps, hornets, gnats, and fleas.
Removal of these insects will only be from areas that are accessible without any
structural alterations. Pests excluded from this contract include termites and other
wood-destroying insects.
G. All of Contractor’s employees, representatives and officials shall be expected to
maintain excellent relations with the public, City officials and employees. Any display
of offensive, discourteous, or rude behavior by any representative of the Contractor
may be cause for contract termination. Use of alcoholic beverages by Contractor’s
representatives is prohibited, and representatives are prohibited from being on the
premises under the influence of alcohol or any other substances.
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H. Locations of Service: Pest extermination and control services shall be provided at all
of the following City buildings/facilities:
THESE LOCATIONS ARE
SERVICED ONCE PER
MONTH
ADDRESS
SQUARE FEET
Fire Training Center 3000 E. Alejo Road 1,410
Palm Springs Stadium 1901 E. Baristo Road 16,506
Baristo Practice Field 1901 E. Baristo Road 480
Leisure Center 401 S. Pavilion Way 15,155
Belardo Parking Structure 230 Museum Drive 1,515
Fire Station #1 277 N. Indian 5,364
Fire Station #2 300 N. El Cielo Road 19,309
Fire Station #3 590 E. Racquet Club Road 6,266
Fire Station #4 1300 La Verne Way 5,380
Fire Station #5 5800 Bolero Road 3,764
Belardo Parking Structure Corner of Belardo & Tahquitz 12,880
J.C. Frey Building 1711 E. Baristo Road 3,617
Baristo Park Baristo/El Segundo 3.1 acres
Downtown Park 230 Museum Drive 64,033
J.O.J.D.H. Unity Center 480 Tramview Road 13,373
Swim Center 405 S. Cerritos 8,048
Visitor’s Center/ Entry Sign 2901 N. Palm Canyon 2,761
MCMANUS VILLAGE BUILDINGS (5 Buildings)
Cornelia White house 223 S. Palm Canyon Drive 940
Cultural Museum Gallery 221 S. Palm Canyon Drive 3,310
Agua Caliente Museum 221 S. Palm Canyon Drive 3,600
Fudge & Candy Shop 211 S. Palm Canyon Drive 2,685
Jim Ruddy’s General Store 219 S. Palm Canyon Drive 916
Palm Springs Public Library 300 S. Sunrise Way 34,254
City Corporate Yard 425 N. Civic Drive 44,782
Cogen Muni Plant 205 N. El Cielo 2,116
Cogen Sunrise Plant 403 S. Pavilion Way 1,702
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Palm Springs Skate Park 403 S. Pavilion 30,000
Baristo Parking Structure 275 S. Indian Canyon 124,251
Police Sub
Station/Restrooms
230 Museum Drive 1,475
Welwood Murray Library 100 S. Palm Canyon Drive 5,953
City Hall Dog Park 222 N. Civic Drive 56,000
Palm Springs Train Station North Indian Avenue 2,160
Plaza Theater 128 S. Palm Canyon Drive 15,100
Palm Canyon Theater 538 N. Palm Canyon Drive 13,199
Desert Art Center 550 N. Palm Canyon Drive 5,073
Demuth Community Park 3601 E. Mesquite Ave. 21,000
Demuth Concessions
Building
4365 E. Mesquite Ave. 1,767
CITY PARK RESTROOMS
Demuth Restrooms (3 Bldgs.) Mesquite Ave. 1,670
Ruth Hardy Park Restroom 700 Tamarisk Road 684
Sunrise Park 1401 E. Baristo Road 200
Victoria Park 2650 Via Miraleste 684
THE FOLLOWING FACILITIES TO BE SERVICED TWICE PER MONTH
LOCATION ADDRESS SQUARE FEET
Police Department 200 S. Civic Drive 53,680
Leisure Center 401 S. Pavilion Way 15,155
Palm Springs Access Center 225 El Cielo Road 2,095
City Hall 3200 E. Tahquitz Canyon
Way
48,183
Palm Springs Animal Shelter 4575 E. Mesquite Avenue 21,000
City Hall Dog Park 222 N. Civic Drive 56,000
Pavilion 403 S. Pavilion Way 20,200
Palm Springs International Airport
Main Terminal Building 3400 E. Tahquitz Canyon
Way
113,785
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Bono Concourse 3400 E. Tahquitz Canyon
Way
78,722
RJ Concourse South 3400 E. Tahquitz Canyon
Way
15,000
Ground Transportation
Center Facility (GTC –Taxi
Building & CNG Fueling
Station)
3400 E. Tahquitz Canyon
Way 1,990
Loop Road/ Parking Lots 3400 E. Tahquitz Canyon
Way
641,501
Customs Facility 3400 E. Tahquitz Canyon
Way
3,638
Vehicle Inspection Plaza 3400 E. Tahquitz Canyon
Way
2,000
I. Site Specific Special Conditions:
Palm Springs Animal Shelter: All materials to be utilized at the Palm Springs Animal
Shelter must be environmentally friendly and approved in advance by the Animal
Control Supervisor and Safety Data Sheets for these materials must be provided to
the Animal Control Supervisor in addition to the Contract Officer.
J. Insurance Requirements: The Contractor awarded the Contract shall meet all
insurance requirements of the City, including but not limited to, the provisions of
personal and property liability, including automobile coverage, and Worker's
Compensation, in limits acceptable to the City.
K. License Requirement: The contractor will be required to:
1. Have a Branch 2 Applicators License, issued by California Structural Pest Control
Board;
2. Be licensed in accordance with the requirements of the Department of Pesticide
Regulation, if applicable;
3. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40
through 3.96 entitled Business Tax;
4. Possess any other applicable license required in the performance of these
services.
L. Term of Contract: The term of this Contract will be for three years, with two, one year
renewal options upon mutual consent of the City and the Contractor.
M. Option to Renew: At the sole discretion of the City, the Contract may be renewed for
two one-year options or any portion thereof. If the City exercises its option to extend,
the unit prices may be adjusted (decreased or increased) at the beginning of any such
renewal period to correspond with the most recent annual change to the Consumer
Price Index for All Urban Consumers as published by the U.S. Bureau of Labor
Statistics for the Los Angeles, Anaheim, and Riverside Areas.
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N. Schedule of Work - The Contractor shall furnish to the Contract Officer a detailed
work schedule showing how the Contractor will accomplish the Contract requirements.
This work schedule shall indicate the number of personnel, tasks to be performed by
each person and the amount of time necessary to accomplish the work. The schedule
shall be kept throughout the duration of the Contract and shall be modified and re-
submitted to the City Representative as required. Any work to be performed not
conforming to this schedule shall be approved by the Contract Officer prior to such
occurrence.
O. Adjustment of Services - The City reserves the right to reduce or increase, or
otherwise adjust the scope of services.
P. Pricing: The pricing included in this Contract shall be firm for the original three-year
term of the Contract.
Q. Payment: For all services which the Contractor is obligated to perform under the
Contract, the City shall pay to the Contractor per the quote provided by Contractor and
set out in Exhibit “D” of the Contract Services Agreement.
R. Invoicing: Contractor will submit an itemized invoice monthly listing separately each
of the buildings listed in the Scope of Work. Billings must reference a purchase order
number and shall indicate the unit (contract) price. Invoices that are submitted with
incorrect prices may be returned for correction before any payments to the vendor are
authorized. It shall be the vendor’s responsibility to submit a correct invoice. The City
shall not be responsible for payment until a correct invoice is received. The invoice
shall be accompanied by receipts, dated, and signed by a City Employee, verifying the
work was done. Invoices and receipts will be submitted to the Contract Officer for
approval. All invoices are to be sent as one document, per month to:
Facilities.Billing@palmspringsca.gov.
S. Non-Interference: Contractor shall not interfere with the public use of the premises
and shall conduct its operations as to offer the least possible obstruction and
inconvenience to the public or disruption to the peace and quiet of the area within
which the services are performed.
T. Compliance with Environmental Regulations: The Contractor shall be required to
comply with all Environmental Regulations in the performance of the Work or any
portion thereof. The Contractor shall immediately notify the City in the event any
violation of any Environmental Regulation is reasonably suspected to have occurred.
For purposes of this Section the term “Environmental Regulations” means any federal,
state, or local law, statute, code, ordinance, regulation, requirement, or rule relating to
dangerous, toxic, or hazardous pollutants, Hazardous Substances or chemical waste,
materials, or substances. The term “Hazardous Substances” means (a) any oil,
flammable substance, explosives, radioactive materials, hazardous wastes or
substances, toxic wastes or substances or any other wastes, materials or pollutants
which (i) pose a hazard to the Project or to persons on or about the Project or (ii) cause
the Project to be in violation of any Environmental Regulation; (b) asbestos in any form
which is or could become friable, urea formaldehyde foam insulation, transformers or
other equipment which contain dielectric fluid containing levels of polychlorinated
biphenyls, or radon gas; (c) any chemical, material or substance defined as or included
in the definition of “waste,” “hazardous substances,” “hazardous wastes,” “hazardous
materials,” “extremely hazardous waste,” “restricted hazardous waste,” or “toxic
substances” or words of similar import under any Environmental Regulation including,
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but not limited to, the Comprehensive Environmental Response, Compensation and
Liability Act (“CERCLA”), 42 USC §§ 9601 et seq.; the Resource Conservation and
Recovery Act (“RCRA”), 42 USC §§ 6901 et seq.; the Hazardous Materials
Transportation Act, 49 USC §§ 6901 et seq.; the Federal Water Pollution Control Act,
33 USC §§ 1251 et seq.; the California Hazardous Waste Control Law (“HWCL”), Cal.
Health & Safety Code §§ 25100 et seq.; the Hazardous Substance Account Act
(“HSAA”), Cal. Health & Safety Code §§ 25300 et seq.; the Underground Storage of
Hazardous Substances Act, Cal. Health & Safety Code §§ 25280 et seq.; the Porter-
Cologne Water Quality Control Act (the “Porter-Cologne Act”), Cal. Water Code §§
13000 et seq., the Safe Drinking Water and Toxic Enforcement Act of 1986
(Proposition 65); and Title 22 of the California Code of Regulations, Division 4, Chapter
30; (d) any other chemical, material or substance, exposure to which is prohibited,
limited or regulated by any governmental authority or agency or may or could pose a
hazard to the health and safety of the occupants of the Project or the owners and/or
occupants of property adjacent to or surrounding the Project, or any other person
coming upon the Project or adjacent property; or (e) any other chemical, materials or
substance which may or could pose a hazard to the environment.
U. Special Security Requirements – For Palm Springs Police Department and Palm
Springs International Airport
1. POLICE DEPARTMENT:
Any personnel of Contractor assigned to perform services at the Palm Springs
Police Department must pass a Criminal History Records Check (CHRC) prior to
performing services at this facility. The CHRC(s) will be provided at no charge to
Contractor. Contractor shall coordinate the record checks with the City’s Contract
Officer. The City will accept as evidence of passing such a test a LiveScan card
issued by another government agency.
2. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment
(STA) – The Contractor will be required to submit the City, prior to the
commencement of services, an Authorized Signatory Authority Letter
authorizing specific Contractor representatives to approve the issuance of
Airport Identification badges and the processing of a fingerprint CHRC and
STAs. Electronic links to this letter and the Fingerprint/Badge application can
be found on the Airport’s website at http://www.palm-springs.ca.gov
b. Under certain circumstances, and out of the control of the City, security
measures may change on short notice. No deviations from any security
measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted
access to the restricted areas of the Airport, prior to the issuance of an Airport
Identification Badge, must successfully complete a fingerprint based CHRC and
Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the
CHRC must disclose that the applicant has not been convicted, or found not
guilty by reason of insanity, of any of the disqualifying crimes listed below or as
stated in 49 CFR 1542.209, during the 10 years before the date of the
individual’s application for unescorted access authority, or while the individual
has unescorted access authority. The disqualifying criminal offenses are as
follows:
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1) Forgery of certificates, false making of aircraft, and other registration
violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312.
4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C.
46504.
6) Commission of certain crimes aboard aircraft in flight; 46506.
7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506.
8) Conveying false information and threats; 49 U.S.C. 46507.
9) Aircraft piracy outside the special aircraft jurisdiction of the United
States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49
U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or
foreign air carriers contrary to established security requirements; 49
U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an
explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance;
24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance;
iii) Burglary;
iv) Theft;
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v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a
maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.
3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of
the Contractor or Subcontractors requiring access to the work site shall, in
accordance with the PSP Airport Security Plan, be required to display airport issued
identification or be under the escort by properly badged personnel. Supervisors
shall be badged with a Palm Springs International Airport Photo Badge. These
badges will be identified numerically and issued to individual employees with a
permanent record maintained on each individual to whom a badge is issued. At the
completion of the contract, all badges will be returned to airport, or a charge of $60
per badge (subject to change) will be assessed for all badges not returned. As part
of the badge application process, each applicant will be fingerprinted for use in an
FBI Criminal Records search. Any person whose criminal record reveals offenses
listed by the FAA as disqualifying offenses will be denied a badge and will be
prohibited from unescorted access to the project site. All required paperwork and
ID badge applications shall be submitted a minimum of two weeks before issuance
of any badge. The Contractor and its staff are responsible for attending SIDA
training and completing security badge application. Attendance of the video-based
class and issuance of the badge may take in excess of 3 hours. There will be a $50
charge (subject to change) for the FBI background check and fingerprinting
process, and a $50 charge (subject to change) for the badge for a total of $100.00.
4. Violations - All violations of Airport security are also violations of the City of Palm
Springs Municipal Title 16, California Vehicle code and/or the Code of Federal
Regulations. Any such violation may result in arrest, the issuance of a citation
and/or the immediate revocation of access privileges.
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CITYWIDE PEST CONTROL SERVICES
IFB 22‐03 BID WORKSHEET
ITEM THESE LOCATIONS ARE SERVICED O ADDRESS SQUARE FEET $ COST/ MONTH
1 Fire Training Center 3000 E. Alejo Road 1,410 20.00$
2 Palm Springs Stadium 1901 E. Baristo Road 16,506 24.00$
3 Baristo Practice Field 1901 E. Baristo Road 480 15.00$
4 Leisure Center 401 S. Pavilion Way 15,155 20.00$
5 Belardo Parking Structure 230 Museum Drive 1,515 20.00$
6 Fire Station #1 277 N. Indian 5,364 15.00$
7 Fire Station #2 300 N. El Cielo Road 19,309 20.00$
8 Fire Station #3 590 E. Racquet Club Road 6,266 15.00$
9 Fire Station #4 1300 La Verne Way 5,380 15.00$
10 Fire Station #5 5800 Bolero Road 3,764 15.00$
11 Belardo Parking Structure Corner of Belardo & Tahquitz 12,880 20.00$
12 J.C. Frey Building 1711 E. Baristo Road 3,617 15.00$
13 Baristo Park Baristo/El Segundo 3.1 acres 24.00$
14 Downtown Park 230 Museum Drive 64,033 20.00$
15 J.O.J.D.H. Unity Center 480 Tramview Road 13,373 20.00$
16 Swim Center 405 S. Cerritos 8,048 15.00$
17 Visitor’s Center/ Entry Sign 2901 N. Palm Canyon 2,761 20.00$
MCMANUS VILLAGE BUILDINGS (5 BUILDINGS)
18 Cornelia White house 223 S. Palm Canyon Drive 940 16.00$
19 Cultural Museum Gallery 221 S. Palm Canyon Drive 3,310 16.00$
20 Agua Caliente Museum 221 S. Palm Canyon Drive 3,600 16.00$
21 Fudge & Candy Shop 211 S. Palm Canyon Drive 2,685 16.00$
22 Jim Ruddy’s General Store 219 S. Palm Canyon Drive 916 16.00$
23 Palm Springs Public Library 300 S. Sunrise Way 34,254 20.00$
24 City Corporate Yard 425 N. Civic Drive 44,782 37.00$
25 Cogen Muni Plant 205 N. El Cielo 2,116 20.00$
26 Cogen Sunrise Plant 403 S. Pavilion Way 1,702 20.00$
27 Palm Springs Skate Park 403 S. Pavilion 30,000 20.00$
28 Baristo Parking Structure 275 S. Indian Canyon 124,251 20.00$
29 Police Sub Station/Restrooms 230 Museum Drive 1,475 20.00$
30 Welwood Murray Library 100 S. Palm Canyon Drive 5,953 20.00$
31 City Hall Dog Park 222 N. Civic Drive 56,000 15.00$
32 Palm Springs Train Station North Indian Avenue 2,160 20.00$
33 Plaza Theater 128 S. Palm Canyon Drive 15,100 20.00$
34 Palm Canyon Theater 538 N. Palm Canyon Drive 13,199 20.00$
35 Desert Art Center 550 N. Palm Canyon Drive 5,073 20.00$
36 Demuth Community Park 3601 E. Mesquite Ave. 21,000 20.00$
37 Demuth Concessions Building 4365 E. Mesquite Ave. 1,767 15.00$
CITY PARK RESTROOMS
38 Demuth Restrooms (3 Bldgs.) Mesquite Ave. 1,670 20.00$
39 Ruth Hardy Park Restroom 700 Tamarisk Road 684 15.00$
40 Sunrise Park 1401 E. Baristo Road 200 15.00$
41 Victoria Park 2650 Via Miraleste 684 17.00$
GRAND TOTAL MONTHLY SERVICE (ONCE PER MONTH)767.00$
ANNUAL SERVICE (MONTH x 12)9,204.00$
THE FOLLOWING FACILITIES TO BE SERVICED TWICE PER MONTH
ITEM LOCATION ADDRESS SQUARE FEET
$ COST/ MONTH
(2 times/month)
42 Police Department 200 S. Civic Drive 53,680 76.00$
43 Leisure Center 401 S. Pavilion Way 15,155 38.00$
44 Palm Springs Access Center 225 El Cielo Road 2,095 38.00$
45 City Hall 3200 E. Tahquitz Canyon Way 48,183 38.00$
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46 Palm Springs Animal Shelter 4575 E. Mesquite Avenue 21,000 40.00$
47 City Hall Dog Park 222 N. Civic Drive 56,000 31.00$
48 Pavilion 403 S. Pavilion Way 20,200 38.00$
Palm Springs International Airport 3400 E. Tahquitz Canyon Way
49 Main Terminal Building 3400 E. Tahquitz Canyon Way 113,785 48.00$
50 Bono Concourse 3400 E. Tahquitz Canyon Way 78,722 48.00$
51 RJ Concourse South 3400 E. Tahquitz Canyon Way 15,000 48.00$
52 Ground Transportation Center Facility (GT3400 E. Tahquitz Canyon Way 1,990 48.00$
53 Loop Road/ Parking Lots 3400 E. Tahquitz Canyon Way 641,501 48.00$
54 Customs Facility 3400 E. Tahquitz Canyon Way 3,638 31.00$
55 Vehicle Inspection Plaza 3400 E. Tahquitz Canyon Way 2,000 31.00$
GRAND TOTAL MONTHLY SERVICE (TWICE PER MONTH) 601.00$
ANNUAL SERVICE (MONTH x 12)7,212.00$
Additional Services Estimated
Quantity Hourly Rate
56 100 50.00$
TOTAL FOR ADDITIONAL SERVICES 5,000.00$
CUMULATIVE MONTHLY AND TWICE PER MONTH GRAND TOTAL FOR ALL CITY FACILITIES: 1,368.00$
CUMULATIVE ANNUAL GRAND TOTAL FOR ALL CITY FACILITIES: 16,416.00$
5,000.00$
54,248.00$
54,248.00$
Firm Name:
Provide Hourly Rate for additional Services (as needed)
TOTAL FOR ADDITIONAL SERVICES (AS NEEDED)
BASIS OF AWARD – CUMULATIVE 3 YEAR GRAND TOTAL FOR ALL CITY FACILITIES + ADDITIO
TOTAL BID AMOUNT (ENTER THIS AMOUNT IN PLANET BIDS)
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EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor’s performance under this
Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense,
in a form and content satisfactory to the City, and submit concurrently with its execution of
this Agreement. Contractor shall also carry workers’ compensation insurance in accordance
with California workers’ compensation laws. Such insurance shall be kept in full force and
effect during the term of this Agreement, including any extensions. Such insurance shall not
be cancelable without thirty (30) days advance written notice to City of any proposed
cancellation. Certificates of insurance evidencing the foregoing and designating the City, its
elected officials, officers, employees, agents, and volunteers as additional named insureds
by original endorsement shall be delivered to and approved by City prior to commencement
of services. The procuring of such insurance and the delivery of policies, certificates, and
endorsements evidencing the same shall not be construed as a limitation of Contractor’s
obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under
this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one
million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one
million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual
aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State
of California and Employer’s Liability Insurance with limits of at least one million dollars $1
million per occurrence. If Contractor has no employees, Contractor shall complete the City’s
Invitation for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s
insurance coverage shall be primary with respect to the City and its respective elected
officials, officers, employees, agents, and volunteers. Any insurance or self-insurance
maintained by City and its respective elected officials, officers, employees, agents, and
volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For
Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all
rights of subrogation and contribution it may have against City, its elected officials, officers,
employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required,
and if Contractor provides claims made professional liability insurance, Contractor shall also
agree in writing either (1) to purchase tail insurance in the amount required by this
Agreement to cover claims made within three years of the completion of Contractor’s
services under this Agreement, or (2) to maintain professional liability insurance coverage
with the same carrier in the amount required by this Agreement for at least three years after
DocuSign Envelope ID: DD2B13A0-7CD4-4B73-9F3F-EA2FCFC42E89DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
completion of Contractor’s services under this Agreement. Contractor shall also be required
to provide evidence to City of the purchase of the required tail insurance or continuation of
the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of
B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance
is to be received and approved by the City before work commences. City reserves the right
to require Contractor’s insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and
Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate
of Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and
all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for
any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, “endeavor to” mail and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents or representative"
is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance
DocuSign Envelope ID: DD2B13A0-7CD4-4B73-9F3F-EA2FCFC42E89DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1
underwriter. Failure to obtain the required documents prior to the commencement of work
shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions with respect to the City, its elected
officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses. Certificates of Insurance must include evidence of the amount of any
deductible or self-insured retention under the policy. Contractor guarantees payment of all
deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect
to the limits of the insurer’s liability.
DocuSign Envelope ID: DD2B13A0-7CD4-4B73-9F3F-EA2FCFC42E89DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1