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HomeMy WebLinkAbout04924 - DEWEY PEST CONTROL EXTERMINATION AIRPORT DOCUMENT TRACKING Page:1 Report: One Document Detail July 21,2009 Condition: Document Numbera4924, Document# Description Approval Date Expiration Date Closed Date A4924 Airport Pest Control-Term 3 years with 2-one year extensions 0712112004 0710112009 Company Name: Dewey Pest Control Address; 939 E.Union Street, Branch 2,Pasadena,CA 91106 Contact: Insurance Department Group: AIRPORT Service: In File xRef: AIRPORT Ins.Status: Certificate and Policies are OK Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid M07520 07/21/2004 To Proc for disc 0810512004 001 New Document Added 08/0512004 JT Amend.Exercise Option 1 from Procurement. 0512312007 0512312007 JT Amend,Exercise Option 1 under$5 Dept.Head 0512312007 JT Amend.Exercise Option 1 signed by City Clerk. 0512312007 0512312007 JT Amend,Exercise Option 1 distributed to 0512312007 0512312007 Procumenl Track Notes; Provide to Mari Lynn B in Procurement. kdh sent Janet email re status 0313112009 kdh closed on 07.01-09 per Janet Buck 0510112009 ENDOEREPORT****** rr \ U�� AGREEMENT TO EXERCISE OPTION TO AGREEMENT 4924 DATED 7/21/04 It is hereby agreed by and between the parties that the term of Agreement 4924 shall be extended to July 1, 2008 (the first of two one year renewal options) pursuant to Exhibit "D" of the original agreement dated July 21, 2004. As a result of the exercise of this option, the cost of the option to extend is $4680.00. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement this D day of 00A V 2007. VENDOR: CITY 0 P LM SPR GS 1 Dewey Pest Control Acting Director of Aviation APPROVED BY CITY COUNCIL I �~ity Clerk 5tiVA p 5 Zs/Zao7 Dewey Pest Control AGREEMENT#4924 MO 7520, 7-21-04 CITY OF PALM SPRINGS - CONTRACT SERVICES AGREEMENT FOR Pest Extermination and Control Services THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this �uG/�' day of 2004, by and between the CITY OF PALM SPRINGS,-a munici�Idfatio (herein"City") and Dewey Pest Control, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended, For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1,3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits Fees and Assessments. Contractorshall 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,assessments,taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until Al written instructions are received from the Contract Officer. 1,6 Care of Work The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans,studies andlor other components thereof to prevent losses ordamages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (1) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum, For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of fourteen thousand and forty Dollars, ($14,040.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no A2 later than the first (1st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires, earthquakes,floods,epidemics, quarantine restrictions, riots, strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused,Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Ron Pelham Brock J. Dewey It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. A3 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which 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. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. in requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractorwith only such obligations as are consistent with that role. 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5,0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractorshall procure and maintain,at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general A4 liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims,damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts oromissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: A5 (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived bythe City Manageror designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed,Contractor shall promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services,the estimated increased or decreased cost estimate forthe project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and A6 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents 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 Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The 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. 7.0 ENFORCEMENT OF AGREEMENT 7.1 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. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without A7 liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 7.5 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. 7.6 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of (Waived in Exhibit B) ($ ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section fortermination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City A8 shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under orthrough them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration;Amendment. It is understood that there are no oral agreements A9 between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 SeverabilitV. 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 a 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 are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate AuthoritV. The persons executing this Agreement 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 Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE A10 W 'NITNESS WHEREOF, the parties have executed and entered into this Agreement as of the Bala first written above. CITY OF PALM SPRINGS N TEST: a mu icipal corporation Q, City Clerk Glty Manager APPROVED AS TO FORM: IIS(f'tdr�' G,'f sy. � ��^a�®C, City Attorne � CONTRACTOR: ;neck one: _Individual _Partnership _Corporation :orpomtlons require two notarized signatu- One from each of the following: A Chairman of Board,President,or any Vice President.AND a.Secretary,Asslstact Secretary,Treasurer,Assistant Treasurer,or Chief Financial Cfhcer). d By: 0-k J u1 ✓;�- Fv:--_ --- Signature notarized) Sign t �otanzeU — Name: kol'j pe FId_-wt, _ _ Name: �����b< z iE d �� Title: 9 -2cS 1 0 I —i C _ Title: -- Address: 93V C, LU410fed Si 3� V=_ `tafmlact„ Nddress: � .1 P/�sre o�ntrt cis. r°dlv6 a716 state at S:ateof_ C AI/= County of 1�bS AAk' &F-r,Siss County of LOS 1-ES �er Cn oloo!�bsfore me.�n1AA CtA� LJ©T Ptlr7tir� on7-(-4co befofemo,4_.`M11 �i9-TES yu)d%7{r° Ff1,BAlc- parsonsffy appeared %JU A) E 1,((jrtM_ personally appeared BRgiC K -J-- -'DF-t.J-� personally known to me (or proved to me on the basis of personally known to me (ni proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to betheoerson(s)whcsanarre(s)�S/are subscribed to the within instrumsm and acknowledged to me subscribed to the within Instrument and acknowledged to me that he/shelthey executed the same in 7is/her/their authorized that he)sherthey executed the same in his(nar/their authorized capaclty(les), and that by his/her%their signature(s) on the capaclty(ies), and that by his;her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or do entity upon behalf ofwhich the person(-.)acted,executed the instrument person(s)acted, executed the instrument WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: / Cam,(, -`� Notary Signature, Notary Seal: Notary Seal' 67 J r ,,,,,,,,,, ,iii,i,,,6,,,i„i,nin r: LY ;I?F� GATES = LYNDA (::ATES I.�_" Cti tllf 1. ;F 3317964 UX,to I-t 11 `f^ti;;-',i"'ly FlOtAm, PLICI_IC -GAUIORMA N f,[(_, P'JunICJ CALIFORNIAf V7 `' c c 'JNTY l ,y i, �,;. ;:cT, G,.>, os A.nlcEtE� co _ -riy LOS ANSELES COUNTY �� �:aiio 2005 Nay Comm.Ex Tres Aug 22,2005 = --+, Niy Comm.Expire.Aug 22, _ ''vinuuumnnmm�n.nmymwn,anuuww,nuu:uu,wxn......... ,uuwumm�nnnu a"nmmippunouw.ninlinwununuune,uvu,nwiuonn,uuw,,,nnuvun,wuwninuno A10 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: Address: Address: State of State of County of County of �ss On—before me, On before me, personally appeared personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. person(s)acted, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: EXHIBIT "A" SCOPE OF SERVICES The Contractor shall provide pest extermination and control services, including rodent and pest control, at designated Airport buildings/facilities and in outside areas adjacent to the designated buildings. Services shall be performed at least twice per month at each service location. 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. 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 (including fire ants), bees, 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 maybe 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. Locations of Service: Pest extermination and control services shall be provided at the following locations at the Palm Springs International Airport, 3400 Tahquitz Canyon Way, Palm Springs, CA 92262: Building/Facility Area Description Main Terminal Building complete, including baggage claim, ticket wing, central lobby, upstairs offices and utility rooms (mezzanine), restrooms, mechanical rooms and supply closets, all entry ways and exterior building areas, excludes restaurant and kitchen interior only Phase 2A Concourse Apron (ground) level and Concourse level, includes the Transportation Security Administration offices, all other interior spaces and exterior space. Excludes the restaurant South Concourse includes restrooms, commuter holdroom, all exterior areas and boarding gates Al2 Building/Facility Area Description North & South Holdrooms Includes interior, exterior, and adjacent patio areas Taxi/Bus Facility includes interior and exterior of building Loop Road / Parking Lots rodent control in front of the Main Terminal, on adjacent Loop Road median and extending into parking lots, in the areas containing trash receptacles Engineering Trailers Includes interior and exterior areas Vehicle Inspection Plaza Includes interior and exterior of Inspection building and surrounding roadway areas, and interior and exterior of adjacent doublewide mobile office Security Keys As required, the AIRPORT will issue keys for access to the work area. Contractor shall assume full responsibility for theft or loss of said keys and shall pay for re-keying all locks operated by these keys. Keys shall not be duplicated. Security System The work area may be protected by limited access security systems. The AIRPORT will issue an initial access code number to the Contractor. Thereafter, all costs for changing the access code due to changes in personnel or required substitution of contracts shall be paid by the Contractor and may be deducted from payments due or to become due to the Contractor. Furthermore, any alarms originating from the Contractor's operations shall also be paid by the Contractor and may be deducted from payments due or to become due to the Contractor. Facility Security Contractor shall keep all doors locked while working in the building. Keys shall not be left in the doors. Contractor shall not admit any person into the building who is not a direct employee of the Contractor and not actively engaged in performance of the work. Contractor shall restrict access to the designated buildings and designated parking area. At no time shall the Contractor or its employees enter other areas of the facility not specifically included in this contract for pest extermination and control services. The Contractor shall check all windows and doors for proper closure and locking, and extinguish all lights except master security lighting before leaving the facility. Damage Contractor shall immediately report all conditions and/or occurrences out of the norm to the Airport Control Center to include broken windows, vandalism, and/or other major facility damage. Contractor shall immediately report any minor facility damage, i.e., walls, flooring, plumbing, etc., that would affect facility operation and appearance to the Contract Officer. Background Check For each individual proposing to perform services in accordance with the proposed agreement,the Proposer shall complete an employment background verification covering the past ten (10) years of employment and unemployment history. A13 The proposer shall obtain ten (10) years of employment history and verify the most recent five (5) years for each individual performing services in accordance with the proposed agreement. Any applicable additional information shall be completed and submitted to the Contract Officer prior to the individual beginning the Criminal History Records Check (CHRC) process. The employment history verification for each employee shall be submitted to the Contract Administrator priorto the individual beginning the Criminal History Records Check(CHRC)process. All information submitted will be reviewed by the Contract Off icerfor completeness and compliance with the security procedures of the Airport. The AIRPORT reserves the right to conduct random, unannounced audits of the proposer's employment history, as required. Criminal History Records Check (CHRC) The Contractor will be required to submit to the AIRPORT, prior to commencing work in accordance with this agreement, a letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint based Criminal History Records Check (CHRC) and/or an employment history verification. Each of the Contractor's employees will be required to successfully complete a Criminal History Records Check (CHRC) in accordance with 49 CFR Part 1542. Employment history verification records and/or CHRC results must be made available to the AIRPORT,the Transportation Security Administration (TSA) and/or Federal Aviation Administration (FAA) immediately upon request. Under certain circumstances, and out of control of the AIRPORT, security measures may change on short notice. No deviations from any security measure shall be allowed at any time. All Contractor personnel who will be performing pest extermination and control services, prior to the issuance of an Airport Identification badge, must successfully complete a fingerprint based Criminal History Records Check (CHRC). 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: Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306. Interference with air navigation; 49 U.S.C. 46308. Improper transportation of a hazardous material; 49 U.S.C. 46312. Aircraft piracy; 49 U.S.C. 46502. Interference with flight crew members or flight attendants; 49 U.S.C. 46504. Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506. Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505. Conveying false information and threats; 49 U.S.C. 46507. Aircraft piracy outside the special aircraft jurisdiction of the United States;49 U.S.C. 46502(b). Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.0 46314. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. Murder. Assault with intent to murder. Espionage. Sedition. A14 Kidnaping or hostage taking. Treason. Rape or aggravated sexual abuse. Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. Extortion. Armed or felony,unarmed robbery. Distribution of, or intent to distribute, a controlled substance. Felony arson. Felony involving a threat. Felony involving- 1. Willful destruction of property; 2. Importation or manufacture of a controlled substance; 3. Burglary; 4. Theft; 5. Dishonesty, fraud, or misrepresentation; 6. Possession or distribution of stolen property; 7. Aggravated assault; 8. Bribery; or 9. Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. Violence at international airports; 18 U.S.C. 37. Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d). The AIRPORT utilizes an electronic fingerprint machine, which will be utilized for the taking and submission of fingerprints. Generally, CHRC results are returned to the AIRPORT from the TSA within 3-5 business days. Employee Security Badges All Contractor personnel who will be performing pest extermination and control services must obtain, and conspicuously display on their person at all times when they are on duty, an Airport issued security identification badge. The appropriate badge may be obtained at the Airport Operations Center located in the terminal building. Contractor's cost for each identification badge is $25.00, Each CHRC also costs $35.00 Stolen and/or lost identification badges are subject to a $35.00 replacement fee. All badges are to be returned to the AIRPORT when the services are no longer required. In order to obtain a Secured Area identification badge, each Contractor employee must have satisfactorily completed the aforementioned CHRC and successfully completed a required 2 hour training class on airport security. Attendance of the class and subsequent issuance of the security identification badge may take longer than 3 hours per person. SIDA training will be provided by the AIRPORT and will be scheduled at a mutually agreeable time to the Contractor and the AIRPORT. A15 EXHIBIT "B" SPECIAL REQUIREMENTS Section 1.4 The Contractor shall: have a Branch 2 Applicators License, issued by California Structural Pest Control Board; be licensed in accordance with the requirements of the Department of Pesticide Regulation, if applicable; be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax; possess any other applicable license required in the performance of these services. Section 4.2 After the Contract is awarded the Contract Officer is to be the Airport Maintenance Superintendent for the City of Palm Springs, or his designee. Section 5.3 The requirement of Section 5.3 for a Performance Bond is hereby waived. Section 7.7 The requirement of Section 7.7 for Liquidated Damages is hereby waived. A16 EXHIBIT "C' SCHEDULE OF COMPENSATION Total compensation for services provided during the initial three-year term of this Agreement shall not exceed $14,040.00. Monthly compensation for individual buildings/facilities to be serviced shall be as follows: Building/Facility Charge for Monthly Service Main Terminal Building $ 115 Phase 2A Concourse $ 50 South Concourse $ 45 North & South Holdrooms $ 50 Taxi/Bus Facility $ 30 Loop Road / Parking Lots $ 30 Engineering Trailers $ 45 Vehicle Inspection Plaza $ 25 Grand Total, Monthly Service: $ 390 Contractor will submit an itemized invoice monthly listing separately each of the buildings listed in the Scope of Work. The invoice shall be accompanied by receipts, dated and signed by a City Employee, verifying the work was performed. Invoices and receipts will be submitted to the Contract Officer for approval. 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. A17 EXHIBIT "D" SCHEDULE OF PERFORMANCE The term of this Contract will be for three (3) years from date of award, with two (2), one year renewal options upon mutual consent of the City and the Contractor. All buildings shall be inspected and treated at least twice each month and more as may be required at no additional cost to the City for the eradication and preventative control of rodents and insects. In addition to the monthly service, the Contractor shall be subject to call-back any time an indication of an infestation is noted at no additional cost to the City. The Contractor shall respond to routine call-back requests within twenty-four (24) hours and to emergency call-backs requests (such as for bee swarms) within six (6) hours. Time of Service - The Contractor shall perform the services of the Contract during normal City work hours, Monday through Friday from 8:00 a.m. to 5:00 p.m., except as required by the City's Contract Officer. Saturday and Sunday hours must be approved in advance. Services shall not be scheduled on City holidays. (A Holiday schedule will be provided). 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. Anywork to be performed not conforming to this schedule shall be approved by the City's Contract Officer prior to such occurrence. A18 Search Results -Page - - AM Best Online Ratings and Analysis Page I of 2 July 27,2004 77 R; <KEST> ambest.corn Izl n Fa'mqs �5.n3lrsis keys Publications Pro du ns 8,5.,vics Abc x 1,1,, BaIr Search Results Page I of 1 18 Rated or Unrated companies found, results sorted by Company Name (ascending) Criteria Used: Company Name: Company names starting with Old Republic Rating To refine your search, please use our Advanced Search or view our Online Help for more it 5 E A R C H` Ratings Company Information View results starting with: ABCDEFGHIJKLMNOPQRSTUVWXYZ Best's it AMB# n Industry Company Name 8 Rating Domicile or A i.l.Bout Nun hor 00734 ? Old Republic General Group United States: Illin Find 11562 P Old Republic General Title A r United §tates: Oli Insurance Cp 3'.1,11 Cpl.-nu __Y2976 __0IdRepublic Group A+ -United States:_111in CONTACT U'S GOM F3 -bid Republic Insurance Company At United S-tates: Per 86563 r Old Republic Insurance Company of A- Canada: Ontario Nhere Canada In the odd's 70152 L Old-Republic Insurance Group United States: Illin Find our locquous ___1_____1-—------- --------— 58439 P, L Old Republic International United States: Illin Corporation it do you ttrrnk,T) 06863 L Old Republic Life insurance A- United States: Illin senj usyour Common-, Company Old Republic Lrfe ins coMpany-o—f _NR-2_ United States:Ai Arizona Accessing the pages on ambest.corn 0447�9 P Old Republic Lloyds of Texas A+ United States:Te) constitutes the user's agreement to our 62032 P Old Rip terms-of use; Co ubjicMercantile Insurance NR-3 United States:Wi; Information collected via this Web site is ------— protected by our 19712 P Old.Republic Mortgage-Group United States: Not privacy statement; ----_----------—-------- Comments or concerns 11924 P Old Republic National Title Ins Cc A+ United States: Min should be directed to - -------- our customer service 57139 P Old.Republic Reassurance Ltd Bermuda group,For other matters refer to our 00641 P Old Republic Security Assurance. A- United States:Ai contact us page. Company om 4 Republic Surety-Coni A United States:Wi; -P-------- __bw_Repttiic_�lnsur_an_ce__ ___ -_____--_ -1H90 Group A+ United States: Min o3766-- P old Republic union Insurance A United States: filin Company *Ratings as of 0712712004 01:25 PM E.S.T. Industry: P = Property/Casualty(non-life) L = Life/Health http://www3.ainbest.coi-n/ratings/RatingsScarch,asp 7/27/2004 Search Results - Page - - AM Best Online Ratings and Analysis Page 2 of 2 view the yuiaeso cress srnancia airengm ma¢ingis for an in-aeptn explanation or crests System and Procedures. Important Notice: Best's Ratings reflect our opinion based on a comprehensive qualitative evaluation of a company's balance sheet strength, operating performance and These ratings are not a warranty of an insurer's current or future ability to meet its contra, View our entire notice for a complete details. Companies interested in placing a Best's Security Icons on their web site to promo strength may register online. Customer Service I Product Support I .Careers I Contact Info I About A K Be,, Site Map I Privacy Policy I Security I Terms of Use I Le _al S( Licensing Copyright©2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this report may be distributed in any electronic form or by any means,or stored in a database or retrieval syst written permission of the A.M Best Company Refer to our terms of use for additional details. http://www3.amhest.com/ratings/RatingsSearch.asp 7/27/2004 CONTRACT ABSTRACT Contract Company Name: Dewey Pest Control Company Contact: Victor Corona Summary of Services: Pest control services at airport Contract Price: $14,040 Funding Source: 415-6200-43200 Contract Term: 3 years Contract Administration Lead Department: Aviation Contract Administrator: Craig Toms Contract Approvals Council/ Community Redevelopment Agency Approval Date: 7/21/04 Minute Order/ Resolution Number: 7520 Agreement No: Contract Compliance Exhibits: Attached Signatures: Complete Insurance: Attached Bonds: Waived Contract prepared by: Procurement & Contracting Submitted on: 7/27/04 By Janet Menelly DATE(MM/DDIY)() ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/01/2004 07/19/2004 PRODUCER LOCKTON COMPANIES OF DALLAS,INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 717 N.HARWOOD,LB#27 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DALLAS TX 75201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 214-969-6700 INSURERS AFFORDING COVERAGE INSURED DEWEY SERVICES,INC. INSURERA OLD REPUBLIC INSURANCE COMPANY 1052626 db2 DEWEY PEST CONTROL INSURER B BRANCH 2 INSURER C' 939 EAST UNION STREET INSURER D PASADENA CA 91106-7214 COVERAGES DEWSE01 CB THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION _ TR TYPE OF Inle,,-rr1ICc POLICY-MOMOF.R DA-E'MAI^uOf,^i DATE idirdvGf,^i LIMITS GENERAL LIABILITY EACH OCCURRENCE S I T5O00 0 A X COMMERCIAL GENERAL LIABILITY MWZY55933 10/01/2003 10/01/2004 FIRE DAMAGE An one fire S 0 CLAIMS MADE � OCCUR MED EXP An an.person) $ PERSONAL B ADV INJURY $ 1000000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OPAGG $ 3000000 POLICY PRO- JECT L7 LOG AUTOMOBILE LIABILITY A X ANVAUTO MWTB 18737 10/01/2003 10/01/2004 IOMBIident) GLE LIMIT $ 1000Q80 Ea BINEnl ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY § XXXXXXX X NON-OWNED AUTOS (Per acatlent) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX ANY AUTO NOTAPPLICABLE OTHER THAN EAACC XXXXXXX AUTO ONLY. AGG $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX ❑UMBRELLA $ XXXXXXX DEDUCTIBLE FORM S XXXXXXx RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND MWC10873700 01/01/2004 01/01/2005 X TO STATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1000 000 E.L.DISEASE-EA EMPLOYEE $ 1000000 EL DISEASE-POLICY LIMIT $ 1000 QNN OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ALL LOCATIONS AND OPERATIONS. RE:CITY OF PALM SPRINGS CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED ATIMA. ATT.JANET MENNELLY,PROCUREMENT DIVISION 760-323-8236,3200 E TAHQUITZ CANYON WAY,PALM SPRINGS,CA 92262. CERTIFICATE HOLDER X ADDITIONAL INSURED,INSURER LETTER: CANCELLATI N 2075059 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PALM SPRINGS INTERNATIONAL AIRPORT DATE THEREOF,THE ISSUING INSURERWILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN:CRAIG TOMS 3400 TAHQUITZ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL PALM SPRINGS CA 92262 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(7197) For questions regarding this coement,comgcnbe number listed to the'Protlacce section above and specify the client code•oawsear. ©ACORD CORPORATION 1988