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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 DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11 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. 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 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 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 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 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 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), 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 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 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 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. 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 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 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 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 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 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] 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 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 DocuSign Envelope ID: DD2B13A0-7CD4-4B73-9F3F-EA2FCFC42E89 11/22/2021 11/23/2021 11/23/2021 DocuSign Envelope ID: 0A0AEFD3-ACD8-4D5D-A1B2-42A8A9311C11DocuSign Envelope ID: F7BDD213-9E93-4B7D-A434-9BA3C427A87BDocusign Envelope ID: 10C09051-9972-40F5-9962-2F8139ED84C1 EXHIBIT “A” CONTRACTOR’S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 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 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. 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 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 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 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 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 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. 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 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, 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 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: 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 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; 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 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. 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                    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 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$ 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 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) 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 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 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) 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 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