HomeMy WebLinkAbout7/15/2009 - STAFF REPORTS - 2.M. ppLM SA
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City Council Staff Report
DATE: July 15, 2009 Consent Calendar
SUBJECT: AWARD CONTRACT FOR PEST CONTROL SERVICES FOR ALL CITY
FACILITIES
FROM: David H. Ready, City Manager
BY: Public Works and Aviation
SUMMARY
This action would award a contract for pest extermination and control services
necessary to maintain a pest free environment in all City-owned buildings/facilities
including the airport. In an effort to further support the City's sustainability efforts,
Procurement staff took the initiative to research and include an alternate scope of
work/cost schedule (B) that offers optional Green Certified Pest-Control products for
these services
RECOMMENDATION:
1) Award a contract services agreement for Bid (IFB) 09-02, Pest Control Services,
for all city facilities utilizing Green Certified insecticide concentrate to Riverside
County Pest Control, of Palm Desert, CA, for a 3 year term at an annual fixed cost of
$12,888 (total $38,664) with 2 two-year renewal options.
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City requires regular pest extermination and control services in order to provide a
healthy, pest-free environment in City-owned buildings and facilities. This can only be
accomplished using a licensed and skilled contractor implementing a consistent and
effective extermination and control program to sufficiently manage the 38 service
locations within the City's jurisdiction. To accomplish the procurement of this firm, the
City's Procurement Division worked closely with staff from Facilities Maintenance and
Aviation to issue an Invitation for Bid (IFB 09-02) for Pest Extermination and Control
Services for all the 38 service locations. The scope of work includes pest extermination
and control services at least once a month at each service location and twice each
month at the Airport facility. In addition to the regularly scheduled services, the
Contractor is required to provide on-demand services for abnormal infestation
ITEM NO. r� '�� V,
City Council Staff Report
(July 15, 2009) -- Page 2
(Pest Extermination & Control)
circumstances within 24 hours and at no additional cost to the City. The bid was
advertised in The Desert Sun, posted on the City's website, and notice sent to eleven
firms. Eight firms attended a walk-thru on June 25 and four (4) bids were received,
opened and read publicly in the Procurement Office at the bid opening time and date of
2:00 P.M., July 6, 2009.
Staff took the initiative to include an alternate pricing bid Schedule B that requires the
use of Green Certified pest control products to support our City's sustainability efforts.
Due to the nature of the pest control industry, alternative "green friendly" insecticides
are not widely available and are highly regulated by the California Structural Pest
Control Board (Title 16, Article 6) to limit deceptive or misleading claims about their
perceived level of environmental "friendliness" or "effectiveness All products used in
the performance of pest control services by their very nature have some level of toxicity
to pests in order to do their job. Standard industry potent chemical based insecticides
and pesticides are registered and regulated with the EPA, whereas mineral oil based
products are exempt from the EPA but do require Material Safety Data Sheet (MSDS)
registration. Following are the bid results, showing Schedule A (current pest control
services/standard industry chemicals) and alternate Schedule B (green certified
product).
SCHEDULE A: SCHEDULE B:
VENDOR Pest Control "Green" Certified Pest-
Services Control Services
Riverside County Pest
Control $11,733.60/yr $12,888.00/yr
Cartwright Termite& Pest
Control Inc. $11,868.36/yr $16,884.00/yr
Pest Master Service $19,128.00/yr $19,128.00/yr
Western Exterminator $31,020.00!yr $31,020.00/Vr
The bid was structured such that Council has the option of awarding either Schedule A
or Schedule B. In this case, locally based Riverside Pest Control (Palm Desert) is the
low bidder for both schedules and staff is recommending award of alternate Schedule B,
utilizing EcoExempt IC insecticide concentrate (a rosemary oil and mineral oil based
product, MSDS attached), certified by Green-Pro-Green and the National Pest
Management Association. The cost is $12,888 per year and represents a -4.2% cost
reduction from the prior contract. If in the event EcoExempt IC product proves to be
insufficient in controlling pests, the City retains the right to switch to the industry
standard chemical based insecticides and pesticides previously utilized, as per
Schedule A.
Staff is recommending the alternate schedule be awarded.
� 02
City Council Staff Report
(July 15, 2009) -- Page 3
(Pest Extermination &Control)
FISCAL IMPACT:
Funds have been approved in the Fiscal 09/10 budget and are available in the following
accounts:
5641-43200 — Facilities Maintenance, Contractual Services
6200-43200 —Aviation, Contractual Services
David Barakian, Director of Public Works Thomas Wil n, Assistant City Manager
Thomas Nolan, Executive Director, Aviation David Ready,EA# ci Mager
1) Material Safety Data Sheet— EcoExempt IC concentrate
2) Contract Services Agreement
07/06/2009 17'40 909--948-7305 FEDEX OFFICE 5202 PACE 05
Jul No-78B1 P- 5
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CONSULTING SERVICES AGREEMENT
Pest Extermination and Control Services
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made and
entered into this _ day of 2009, by and between the City of Palm Springs, a
California charter city and municipal corporation ("City"), and Riverside County Pest Control,
Inc., a California Corporation. ("Consultant').
RECITALS
A. City requires the services of a Pest Extermination and Control Company for Pest
Control for various City buildings/ facilities, including the Palm Springs International Airport
("Project').
B. Consultant has submitted to City a proposal to provide pest extermination and
control services to City pursuant to the terms of this Agreement-
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide such
services.
D. City desires to retain the services of Consultant fox the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
I. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Pest Extermination and Control 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"), which includes the agreed upon
schedule of performance and the schedule of fees. Consultant warrants that all services and work
shall be performed in a competent, professional, and satisfactory mariner in accordance with all
standards prevalent in the industry. In the event of any inconsistency between the terms
contained in the Scope of Services/Work and the terms set forth in the main body of this
Agreement, the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided by Consultant in accordance with all applicable federal, state, and local laws, statutes
and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1.3 Licenses and Permits. Consultant 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 A 5
1.4 Familiarity with Work. By executing this Agreement, Consultant 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.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A"
Consultant shall not be accountable £or delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of
fees set forth in Exhibit "A," which total amount shall not exceed the fixed rate of$12,888 per
year, or$38,664.00 total for 3 (three) years.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to City in the
form approved by City's finance director, an invoice for services rendered prior to the date of the
invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized
services performed. City shall pay Consultant for all expenses stated thereon, which are
approved by City consistent with this Agreement, within thirty (30) days of receipt of
Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A_ To provide for revisions or modifications to docutnents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. 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.
2 - Q7
4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A."
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maleure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain 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, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of three (3) years,
commencing on 8/l/2009, and ending on 7/31/2012, unless extended by mutual written
agreement of the parties per the renewal options in Exhibit A.
5. COORDINATION OF WORK.
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: Ron Suber, General Manager. 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 Consultant and
devoting sufficient time to personally supervise the services hereunder. The foregoing principal
may not be changed by Consultant without prior written approval of the Contract Officer_
5.2 Contract Officer_ The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Consultant shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
3
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth herein. Consultant shall perform all
services required herein 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
Consultant's work product, result, and advice. Consultant 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.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services set forth herein. Consultant 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
Consultant by providing written notice to Consultant.
Name: Title:
Jan Anderson Facilities Maintenance Manager
Darold Rifle Airport Maintenance Superintendent
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in Exhibit `B,"which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATJON.
To the fullest extent permitted by law, Consultant shall defend (at Consultant'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 (Consultant's employees included), for damage to property, including
property owned by City, front any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Consultant, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct of the
City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports conceming the performance of the Services required by this Agreement as the
Contract Officer shall require.
8.2 Reeords_ Consultant shall keep such books and records as Shall be necessary to
4 �,N o
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 Consultant in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant 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 hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
etnbodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
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 Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 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 Consultant. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
9.3 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 and 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.
9.4 Legal Action. In addition to any other rights or remedies, either party may take
5
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.
9.5 Termination Prior to Expiration of Term. City reserves the right to tenninate
this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of Consultant 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, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Consultant 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
thereafter_ Consultant may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
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 Consultant, 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 Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Covenant Mainst Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice_ Any notice, demand, request, consent, approval, or cormnunication 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_ Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section.
6
To City: City of Palm Springs
Attention_ City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Riverside County Pest Control, Inc.
Attn: Ron Suber, General Manager
77-622 Country Club Drive
Suite M
Palm Desert, CA 92211
11.2 Inteurated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 Severability. In the event 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 hereunder_
11.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: By:
David H_ Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C_ Holland, James Thompson,
City Attorney City Clerk
"CONSULTANT"
Riverside County Pest Control, Inc.
Date: By:
(name)
(president)
Date:
(name)
(secretary)
8
612
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�rac5���'•v�. �- -'n — :c,.rwtrtsc.:.x.:...c�ca^.c.�vtx�.cc:cc
state of California 7
County of
On before me, _
W:0 'IpC ICJC4 N,n q. Ida at M, =Jl
personally appeared
1vynM(st mslgn«of
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
he/she/they executod the same in his/herlthelr authorized
capacity(ies),and that by higher/their sigrlawre(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s)acted,ewecuted the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
,rue and correct.
WITNESS my hand and official seal,
Signature
Plan rvucry So-I Fban sr�na[um d rvo;.vy Pua�
OPTIONAL
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Description of Attached Donument
Title of Type of Don-umant:
Document Date- �•_� NuIT+Uer of Pages,
Signer(s)Other Than Named Above: �., ..._
Capacity(ies) Claimed by Signdr(s)
Signers Name: Signet's Name
L,1 Individual ❑individual
Corporate Officer—Tlttn(s): 7 Corporate Jlfeer—Trtle(s):
Partner—U Limited LJ General ❑Par'ner—LJ Limrted LJ General
ElAttorney in Fact n z LI Attorney in Fact
❑ Trustee tcpo�fiumSN;m ❑Trustee Top cl tiar ham
❑ Guardian or Conservator ❑Guardian or Conservator
In Other: ❑Other:
Signer is Represerning: Signer is Ropresenung:
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9
E 131BIT "A„
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including
Schedule of Fees and Schedule of Performance
The Contractor shall provide pest extermination and control services, including rodent and pest
control, inside designated City-owned buildings/facilities and in outside areas adjacent to the
designated buildings. Services shall be performed at least once per month at each service
location.
The Contractor agrees to provide the services in a safe 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 Material Safety Data Sheets for
all chemicals to be used in the performance of the scope of work.
In addition to the monthly service, 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
twenty-four(24) hours at no additional cost to the City.
Special inspections may be requested by the City Representative, as needed. Any problems
noted during the inspection shall be corrected within the following 24 hour period.
Pests are defined as rodents (including rats, mice and squirrels), ants, mites, cockroaches,
crickets, silverfish, spiders, fleas, scorpions and other crawling insects. Pests excluded from
this contract include termites and other wood-destroying insects.
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.
Pest extermination and control services shall be provided at all of the following City
buildings/facilities:
Location Address S uare Footage
To be service once 1per month
Fire Dept. Training Ctr. 3000 E. Ale'o Road 1,410
Palm Springs Stadium 1901 E. Baristo Road 15,561
Leisure Center 401 S. Pavilion Way 12,863
City Hall 3200 E. Tah uitz Canyon Way 29,927
Fire Station #1 277 N. Indian 5,054
Fire Station #2 300 N. El Cielo Road 16,910
Fire Station #3 590 E. Racquet Club Road 6,266
Fire Station #4 1300 La Verne Way 5,380
10
Fire Station #5 5800 Bolero Road 3,496
Tennis Center 1300 E. Baristo Road 2,880
J.C. Frey Building 1711 E. Baristo Road 4,584
Police Department 200 S. Civic Drive 47,762
Pavilion 403 S. Pavilion Way 20,200
J.O.J.D.H. Unity Center 480 Tramview Road 11,390
Swim Center 405 S. Cerritos 960
Visitor's Center 2901 N. Palm Can on 2,500
McManus Village Buildings 221 Palm Canyon Drive 4 buildings
Cornelia White house 940
Museum Gallery 3,310
Shop & Salon 2,685
Jim Rudd 's General Store 916
Library 300 S. Sunrise Way 34,254
City Corporate Yard 425 N. Civic Drive 44,782
Co en Muni Plant 205 N. El Cielo 2,116
Co en Sunrise Plant 403 S. Pavilion Way 1,656
Palm Springs Skate Park 403 S. Pavilion 30,000
Downtown Parking Structure Corner of Baristo & Indian Canyon 122,373
Police Sub Station 105 S. Indian Canyon 2,475
Welwood Library 100 S. Palm Canyon Drive 5,953
Dog Park 222 N. Civic Drive 56,000
Palm S rin s Train Station North Indian Avenue 2,160
Palm Springs International Airport 3400 E. Tahquitz Canyon Way 7 buildings/areas
To be serviced twice 2per month
Main Terminal Building 113,785
Bono Concourse 78,722
RJ Concourse South 15,000
Ground Transportation Center Facility 1,875
GTC—Taxi Building)
Loop Road/ Parkin lots 641,501
Customs Facility 3,638
Vehicle Inspection Plaza 1,152
11
_ ts1�
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Lrrors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
12
• 1.V
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to the City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's performance under this Agreement. Consultant
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 extension thereof, and 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 Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder 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 trillion dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate (*waived); and,
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 Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects 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 Consultant'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.
B. Errors and Omissions Coverage. If Consultant provides claims made
professional liability insurance, Consultant 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 Consultant's services under this Agreement, or (2) to maintain professional
13
U7
liability insurance coverage with the same carrier, or equivalent coverage with another company,
in the amount required by this Agreement for at least three years after completion of
Consultant's services under this Agreement. Consultant shall also be required to provide
evidence to City of the purchase of the required tail insurance or continuation of the professional
liability policy. (*waived)
C. Sufficiency of insurers. Insurance required herein 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.
D. Verification of Coverage. Consultant 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
Consultant'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:
1. "The City of Palm Springs, its o,ficials, 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).
2. "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).
3. "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.
4. 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
14
OF
authority to bind coverage, whether that is the authorized abent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
E. 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 the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its elected officials,
officers, employees, agents, and volunteers; or, Consultant 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. Consultant guarantees payment of-' all deductibles and self-insured
retentions.
F. 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_
15
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Total compensation for services provided during the initial three-year term of this Agreement
shall not exceed the fixed rate of$12,888 per year, or a total of$38,664.00 for the first three (3)
years, utilizing alternate Schedule B, "green" certified pest-control product, EcoExempt IC
insecticide concentrate, as provided by Contractor in bid response to IFB 09-02. In the event
the City determines that the "green" certified product is insufficient in controlling pests, the City
reserves the right to switch to the industry standard chemical based insecticides and pesticides
offered by Contractor under Schedule A, at the pricing quoted and retained in the bid files by the
City.
Monthly compensation for individual buildings/facilities to be serviced shall be as follows per
Schedule B
LOCATION ADDRESS .$COST/MONTH
NOTE. THESE.LOCATIONS ARE
SERVICED 1 ONCE PER MONTH
Fire Dept- Training Clr. 3000 E. Ale o Road $25.00
Palm Springs Stadium 1901 E. Baristo Road $30.00
Leisure Center 401 S. Pavilion Way $22.00
-City Hall 3200 E. Tah uitz Canyon Way $22.00
Fire Station #1 277 N. Indian $20.00
Fire Station #2 300 N. El Cielo Road $20.00
Fire Station 43 590 E. Rac uet Club Road $20.00
Fire Station #4 1300 La Verne Way $20.00
Fire Station #5 5800 Bolero Road $20,00
Tennis Center 1300 E. Baristo Road $20.00
J.C. Frey Building 1711 E. Baristo Road $20.00
Police Department 200 S. Civic Drive $35.00
Pavilion 403 S. Pavilion Way $20.00
J.O.J.D.H. Unity Center 480 Tramview Road $25.00
Swim Center 405 S. Cerritos $20.00
Visitor's Center 2901 N. Palm Canyon $25.00
McManus Village Buildings 221 Palm Canyon Drive
Cornelia White house $25.00
Museum Galle $20.00
Shop & Salon $20.00
Jim Rudd 's General Store $ no charge,included
Library 300 S. Sunrise Way $25.00
City Corporate Yard 425 N. Civic Drive $35.00
Co en Muni Plant 205 N. El Cielo $25.00
Co en Sunrise Plant 403 S. Pavilion Way $25.00
Palm Springs Skate Park 403 S. Pavilion $20.00
Downtown Parking Structure Corner of Baristo & Indian C n $25,00
Police Sub Station 105 S. Indian Canyon $20.00
Welwood Libra 100 S. Palm Canyon Drive $20.00
Dog Park 222 N. Civic Drive $25.00
16
Palm Springs Train Station North Indian Avenue $20.00
Palm S rings Animal Shelter 1810 Camino Parocela $35.00
GRAND TOTAL (NON-AIRPORT),
MONTHLY SERVICE (1) ONCE PER
MONTH $704.00
ANNUAL SERVICE MONTH x 12 $8,448.00
NOTE. AIRPORT FACILITIES TO BE
SERVICED 2 TWICE PER MONTH
LOCATION ADDRESS $ COST/ MONTH
Palm Springs International Airport 3400 E. Tahquitz Canyon Way $52.00
Main Terminal Building $52.00
Bono Concourse $52,00
RJ Concourse $32.00
GTC Facility $52.00
Loop Road/all Parkin Lots $52.00
Vehicle Inspection Plaza $39.00
Customs Facility $39.00
GRAND TOTAL, (AIRPORT) MONTHLY
SERVICE TWICE PER MONTH)__ $370,00
ANNUAL SERVICE MONTH x 12 $4,440.00
CUMULATIVE MONTHLY GRAND
TOTAL FOR CITY FACILITIES AND
AIRPORT LOCATIONS: $1,074.00
CUMULATIVE ANNUAL GRAND TOTAL
FOR CITY FACILITIES AND AIRPORT
LOCATIONS: $12,888.00
"Green" Certified Chemical(s) proposed. ECO Exempt IC.
Name of independent "Green" certification(s): Green Pro Green National Pest Management
Association.
The City reserves the right to accept, reject, and make any final determination as to the validity
or acceptability of any chemical, or certification, used in the performance of this contract.
It is understood and agreed that this Bid may not be withdrawn until sixty (60) days from the
date of the opening thereof, and at no time after award of Bid. Prices are to remain firm for the
initial contract period of the three years, with two (2) two year renewal options upon mutual
consent of the City and the contractor subject to adjustment as defined below.
For optional Two (2) year renewals, Contractor may request a price adjustment not to exceed
the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region
for the prior 12 month period to be effective on the anniversary. Optional renewal years, and
any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE:
The CPI adjustment, if any, will be granted at the commencement of each two (2) year renewal,
not at the beginning of each individual year of the agreement.
17
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The term of this Contract will be for three (3) years, commencing 8/1/2009 thru
7/31/2012 with two (2), two year renewal options upon mutual consent of the City and
the Contractor.
All buildings shall be inspected and treated at least once each month for designated
buildings and areas and twice a month for Airport locations. More may be required at no
additional cost to the City for the eradication and preventative control of rodents and
insects, and the contractor shall be subject to, and answer within an eight hour period,
special calls for control of infestation at no additional charge.
Time of Service - The Contractor shall perform the services of the Contract during
normal City work hours, Monday through Thursday from 8:00 a.m. to 6:00 p.m., except
as required by the City's Contract Officer. Saturday and Sunday hours must be approved
in advanced. Services shall not be scheduled on City holidays. (A Holiday schedule will
be provided). Note that the City reserves the right to modify normal City work hours, and
the current closure of many facilities on Friday due to the furlough program, may change
in the future.
Schedule of Work - The Contractor shall furnish to the City's 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's Contract Officer as required. Any work to be performed not
conforming to this schedule shall be approved by the City's Contract Officer prior to such
occurrence.
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