HomeMy WebLinkAboutAgricultural Pest Control Inc; 2004-10-22; PWGS233AMENDMENT NO.5 TO EXTEND AND AMEND AGREEMENT FOR
AGRICULTURAL PEST CONTROL SERVICES
(Agricultural Pest Control, Inc.)
PWGS233
hS-Amendment No. 5 is entered into and effective as of the or day of
, 2008, extending and amending the agreement
dated October 22, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Agricultural Pest Control, Inc. ("Contractor") (collectively, the "Parties")
for agricultural pest control services.
RECITALS
A. On October 14, 2005, the Parties executed Amendment No. 1 to the Agreement
to extend and fund the agreement for a one-year period; and
B. On February 27, 2006, the Parties executed Amendment No. 2 to the Agreement
to add services to Aviara Community Park and Hidden Canyon Community Park; and
C. On October 18, 2006, the Parties executed Amendment No. 3 to the Agreement
to extend and fund the Agreement for a one-year period; and
D. On October 19, 2007, the Parties executed Amendment No. 4 to the Agreement
to extend and fund the Agreement for a one-year period; and
E. The parties desire to extend and fund the Agreement for a period of one year.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one year ending on October 22, 2009 on an agreed price not to exceed
One Hundred Thousand dollars and Zero cents ($100,000).
2. Contractor will complete all work associated with this Agreement by October 22,
2009, and by October 22 of all subsequent agreement years.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
5. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
*B
CITY OF \CAJ3LSBAD, a
corporation <|f/tneS|tateAof
(sifcjn here)
o u «/£/e
(print name/title)
(e-mail address).
LORRANE M. WOOD
City Clerk
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City AttoViey)Vie\
City Attorney Approved Version #05.22.01
AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR
AGRICULTURAL PEST CONTROL SERVICES
(Agricultural Pest Control, Inc.)
This Amendment No. 4 is entered into and effective as of the /^ day of
, 200_7_, extending and amending the agreement dated
October 22, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Agricultural Pest Control, Inc., ("Contractor") (collectively, the "Parties")
for agricultural pest control services.
RECITALS
A. On October 14, 2005, the Parties executed Amendment No. 1 to the Agreement
to extend and fund the Agreement for a one-year period; and
B. On February 27, 2006, the Parties executed Amendment No. 2 to the Agreement
to add services to Aviara Community Park and Hidden Canyon Community Park; and
C. On October 18, 2006, the Parties executed Amendment No. 3 to the Agreement
to extend and fund the Agreement for a one-year period; and
D. The Parties desire to alter the Agreement's scope of work to discontinue pest
control services at Aviara Oaks School, Magnolia Elementary School, Maintenance &
Operations Yard and Farmers Building, and commence pest control services at Pine Park and
Holiday Park; and
E. The Parties desire to extend and fund the Agreement for a period of one year.
F. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed Sixteen Thousand, Four
Hundred Seventy dollars ($16,470.00).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a per service basis. Contractor will provide City, on a monthly basis, copies of
invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by October 22, 2008
and all subsequent Agreement years.
City Attorney Approved Version #05.22.01
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
(e-mail address)
A/A7T
(print name/title)
(f a oi.,
LORRA1NI
City Clerk
icipal
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
•Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R^BgLI., City Attorney
Depu Attorney
City Attorney Approved Version #05.22.01
AMENDMENT NO. 4
AGRICULTURAL PEST CONTROL SERVICES
(Agricultural Pest Control, Inc.)
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
DISCONTINUED SERVICE AREAS:
PROPERTY NAME ADDRESS
ANNUAL
SERVICE
EVENTS
PER
SERVICE
ANNUAL FEE
(Ext. Amount)
Aviara Oaks School
Athlptir FiplrlQ
Magnolia School
rtiniciic rieiQS
Farmers Building
r ropcny
Operations and
ividinicnance Taru
TOTAL ESTIMATED
ANNUAL SERVICE
COSTS
6900 Ambrosia Lane
/Th^mop Dr/->o 1 1 O7 r\R\( i nomas Bros, i \^.i DO)
1905 Magnolia Avenue
fTh/-»m£io Rmo 1 *1 C\& (~^E.\\ i n(jmds DIUS. i iuo ooj
5815EICaminoReal
/Thnmoo Droo 1 1 O7 PI ^\ i nomds Bros, i i ^ / 1 1 /
5950 El Camino Real
/Thnmoe Drno ^ 1 O7 CO\\ i nomas Bros, i i^/ ^^/
30
30
30
30
$49.00
$30.00
$42.50
$20.00
$1470.00
$900.00
$1275.00
$600.00
$4,245.00
ADDED SERVICE AREAS:
PROPERTY NAME ADDRESS
ANNUAL
SERVICE
EVENTS
PER
SERVICE
ANNUAL FEE
(Ext. Amount)
Holiday Park
Pine Park and Adjacent
Lots*
*APN:
2040930200
2040930300
2040930400
2040930500
2040930800
2040930900
3200 Pio Pico Drive
(Thomas Bros. 1106F5)
3333 Harding Street
(Thomas Bros. 1106E5)
30
30
$49.00
$92.50
TOTAL ESTIMATED
ANNUAL SERVICE
COSTS
$1,470.00
$2,775.00
$4,245.00
City Attorney Approved Version #05.22.01
AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR
AGRICULTURAL PEST CONTROL SERVICES
(Agricultural Pest Control, Inc)
This Amendment No. 3 is entered into and effective as of the a" day of
, 2006P . extending and amending the agreement dated_ _
October 22, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Agricultural Pest Control, Inc., ("Contractor") (collectively, the "Parties")
for Agricultural Pest Control Services.
RECITALS
A. On October 14, 2005 the Parties executed Amendment No. 1 to the Agreement
to extend and fund the agreement for a one-year period: and
B. On February 27, 2006 the Parties executed Amendment No. 2 to the Agreement
to add services to Aviara Community Park and Hidden Canyon Community Park: and
C. The Parties desire to extend and fund the agreement for a period of one year.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one year ending on October 22, 2007 in an amount not-to-exceed
Sixteen Thousand Four Hundred Seventy dollars ($16,470.00).
2. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
4. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor
ATTEST:
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #05.22.01
AMENDMENT NO. 2 TO AGREEMENT
FOR AGRICULTURAL PEST CONTROL SERVICES
(Agricultural Pest Control, Inc.)
JTiis Amendment No. 2 is entered into and effective as of the " _ day of
_, 200^_, amending the agreement dated October 22, 2004 (the
"Agreement") $/y and between the City of Carlsbad, a municipal corporation, ("City"), and
Agricultural Pest Control, Inc., ("Contractor") (collectively, the "Parties") for agricultural pest
control services on City-owned properties.
RECITALS
A. On October 14th, 2005, the Parties executed Amendment No. 1 to the Agreement to
extend Pest Control Services for a period of one year from the date first above written.
B. The Parties desire to alter the Agreement's scope of work to add pest control services
forAviara Community Park and Hidden Canyon Park.
C. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services
described in Exhibit "A" on a monthly basis not-to-exceed Three Thousand Five Hundred Forty
dollars Per Year ($ 3,540.00 ). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
3. Contractor will complete all work described in Exhibit "A" by October 22,
2006 and all subsequent agreement years.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
*B
(print name/title)
(print name/title
1 QuPl .
(e-mail address)
^x
CITY OF CARLSBAD, a municipal
corporation of the State of California
^^ nfy ManqjQr-/?r M^ynr
ATTEST:
IN
City Clerk
'''9 ^mM^'-^
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.22.01
EXHIBIIT "A"
SCOPE OF SERVICES AND FEE
AMENDMENT NO. 2 TO AGREEMENT
FOR AGRICULTURAL PEST CONTROL SERVICES
Item #1
To provide pest control services on a monthly basis, in accordance with the original
Agreement, at Aviara Community Park, for two hundred ten dollars ($210.00) monthly, not to
exceed two thousand five hundred twenty dollars ($2,520.00 ) per agreement year. Service
at this site shall begin after a written notice to proceed is provided by the Contract
Administrator.
Item #2
To provide pest control services on a monthly basis, in accordance with the original
Agreement, at Hidden Canyon Park, for eighty-five dollars ($85.00) monthly, not to exceed
one thousand twenty dollars ($1,020.00) per agreement year. Service at this site shall begin
after a written notice to proceed is provided by the Contract Administrator.
City Attorney Approved Version # 05.22.01
AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT
FOR AGRICULATRUAL PEST CONTROL SERVICES
Agricultural Pest Control, Inc.
Thi Amendment No. 1 is entered into and effective as of the day of , ZOK, extending and amending the agreement dated
October 22, 2004 (the “Agreement”) by and between the City of Carlsbad, a municipal
corporation, (“City”), and Agricultural Pest Control, Inc., (“Contractor“) (collectively, the “Parties”)
for agricultural pest control services on City-owned properties.
&!,
RECITALS
A The Parties desire to alter the Agreement‘s scope of work to extend and fund the
Agreement for a period of one year, and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one year, ending on October 22, 2006, in an amount not to exceed
Twelve Thousand Nine Hundred and Thirty dollars ($1 2,930.00).
2. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor
pursuant to the Agreement, as may have been amended from time to time, will include
coverage for this Amendment.
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1 City Attorney Approved Version #05.22.01
4. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power,
right and actual authority to bind Contractor to the terms and conditions of this
Amendment.
M4l-r p,, gn7. 4 cc/ rnz *r (print namekitle)
ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
City Attorney Approved Version #05.22.01 2
AGREEMENT FOR AGRICULTURAL PEST CONTROL SERVICES
THIS AGREEMENT is made and entered into as of the 22 h/ 3
corporation, ("City"), and Aqricultural Pest Control Inc., a CorDoration, ("Contractor").
day of =-JVi3m >- 20 04, by and between the CITY OF CARLSBAD, a municipal
RECITALS
A. City requires the professional services of a Pest Control Contractor that is
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
experienced in Aqricultural Pest Control.
services and advice related to Aqricultural Pest Control.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A, which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first
above written. The City Manager may amend the Agreement to extend it for four
additional one-year periods or parts thereof in an amount not to exceed Twelve
Thousand Nine Hundred and Thirtv Dollars ($12.930.00) per Agreement year.
Extensions will be based upon a satisfactory review of Contractor's performance, City
needs, and appropriation of funds by the City Council. The parties will prepare a written
amendment indicating the effective date and length of the extended Agreement.
4.
Time is of the essence for each and every provision of this Agreement
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be Twelve Thousand Nine Hundred and Thittv Dollars ($12.930.00). No other
City Attorney Approved Version #04.01.02
1
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work andlor Services specified in Exhibit "A.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A'.
The Contractor will perform work in accordance with all applicable Carlsbad Municipal
Code sections, California building codes, California electrical codes and OSHA
standards.
The Contractor shall submit invoices to the Public Works Superintendent, Parks, by the
5th day of the month for work performed in the previous month under this contract. The
Contractor shall provide detailed records of all work performed and include all required
reports of facilities serviced. Failure to provide the required documents, invoices, and
reports will result in the City of Carlsbad withholding payment to the Contractor until all
the required documentation is provided to the City.
If an increase in compensation for service in succeeding option years is requested, the
Contractor must provide detailed supporting documentation to justify the requested rate
increase. The requested increase will be evaluated by the City, and the City reserves
the right to accept or reject the Contractor's requested Compensation increase. This
Agreement's annual compensation terms may be adjusted by a mutually agreeable
amount based on and no greater than the San Diego Consumer Price Index changes
over the previous year. Requests for price changes must be made by the Contractor in
writing sixty (60) days before the end of the then-current agreement year and is subject
to negotiation or rejection by the City.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
City Attorney Approved Version #04.01.02 2
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VI.
10.1 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
3
City Attorney Approved Version #04.01.02
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.2
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.2. Additional Provisions. Contractor will ensure that the policies of
insurance required under this Agreement contain, or are endorsed to contain, the
following provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2
10.2.3
Contractor will obtain occurrence coverage.
This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to City. The Contractor shall provide updated and current certificates of
insurance and endorsements to the City upon expiration, cancellation, or modification of
any policy furnished under this agreement.
10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
City Attorney Approved Version #04.01.02 4
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all-claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv: For Contractor:
Name- - Title Parks Superintendent Department P W General Services
City of Carlsbad Address 405 Oak Avenue Addressl?k&
Phone No -(760) 434-2941
Title -PA hl
PhoneNo%? - =b 2m
22 >=. b . ,cs Cfzl2b
x /oy - Carlsbad. CA 92008
City Attorney Approved Version W4.01.02
5
Each party will notify the other immediately of any changes of address that would require
any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of
Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of
1986 and will comply with those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors and consultants that
the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such documented
dispute will be forwarded to both parties involved along with recommended methods of
resolution, which would be of benefit to both parties. The representative receiving the
letter will reply to the letter along with a recommended method of resolution within ten
(IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party,
a letter outlining the disputes will be forwarded to the City Manager. The City Manager will
consider the facts and solutions recommended by each party and may then opt to direct a
solution to the problem. In such cases, the action of the City Manager will be binding upon
6 City Attorney Approved Vemion #04.01.02
the parties involved, although nothing in this procedure will prohibit the parties from
seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City
may terminate this Agreement for nonperformance by notifying Contractor by certified
mail of the termination. If City decides to abandon or indefinitely postpone the work or
services contemplated by this Agreement, City may terminate this Agreement upon
written notice to Contractor. Upon notification of termination, Contractor has five (5)
business days to deliver any documents owned by City and all work in progress to City
address contained in this Agreement. City will make a determination of fact based upon
the work product delivered to City and of the percentage of work that Contractor has
performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate
this Agreement. In this event and upon request of City, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to City. Contractor will
be paid for work performed to the termination date; however, the total will not exceed the
lump sum fee payable under this Agreement. City will make the final determination as to
the portions of tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent upon, or resulting from, the award or making of this
Agreement. For breach or violation of this warranty, City will have the right to annul this
Agreement without liability, or, in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of the fee, commission, percentage,
brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City
must be assertedas part of the Agreement process as set forth in this Agreement and not
in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if
a false claim is submitted to City, it may be considered fraud and Contractor may be
subject to criminal prosecution. Contractor acknowledges that California Government
Code sections 12650 et sea, the False Claims Act applies to this Agreement and,
provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of information. If City seeks to
recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation
costs, including attorney's fees. Contractor acknowledges that the filing of a false claim
may subject Contractor to an administrative debarment proceeding as the result of which
Contractor may be prevented to act as a Contractor on any public work or improvement
City Attorney Approved Version #04.01.02
7
for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing
a right or rights provided for by this Agreement will be tried in a court of competent
jurisdiction in the County of San Diego, State of California, and the parties waive all
provisions of law providing for a change of venue in these proceedings to any other
county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by
it, along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In
case of conflict, the terms of the Agreement supersede the purchase order. Neither this
Agreement nor any of its provisions may be amended, modified, waived or discharged
except in a writing signed by both parties.
Ill
Ill
Ill
Ill
City Attorney Approved Version #04.01.02
8
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Agreement.
CITY OF CARLSBAD, a municipal
corporation of the State of California
Pw%?7PL
City Manager or Mayor
(print namdtitle) J
ATTEST:
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, Agreement must be signed by one corporate officer from each
of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. .. ..
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: P
beputy City Attornby
9
City Attorney Approved Version #04.01.02
EXHIBIT “A”
CITY OF CARLSBAD AGRICULTURAL PEST CONTROL SERVICES
SCOPE OF SERVICES
PROPERTY LIST AND SERVICE FEE PROPOSAL
SCHEDULE “A” SPECIFICATIONS FOR AGRICULTURAL PEST CONTROL SERVICES
1. INTENT
a. To furnish all professional services, skilled labor, materials, equipment,
tools, insurance, permits and fees (if any) necessary to render the services
according to the specifications set forth in this outline. This contract is
intended to provide all contractually required pest control for the properties
listed in the “Monthly Service Fee” section of the “Vendor’s Proposed Cost
of Services” chart.
b. To notify designated personnel when sanitation or other in-house factors
become a problem to the extent that a satisfactory level of pest control
cannot be maintained within the scope of services described herein. Such
conditions or factors will be noted on the Service and Inspection Report.
II. SCOPE OF SERVICES
a. Perform a complete inspection of properties on each service event for signs
of rodent or other animal activity or infestation.
b. When rodent or other animal activity is found, control measures will be
applied andlor increased in the areas of activity.
c. The Contractor shall provide any and all notification, posting required by
Federal, State, Local or School District laws, rules or regulations as an
included part of the Vendor‘s Proposed Cost of Service chart.
d. Services include removal and control of rats, squirrels, mice, rabbits,
gophers or any other non-protected nuisance animal infestation of the
properties listed in the Vendor’s Proposed Cost of Service Chart.
e. Unless specifically stated otherwise in the Vendors Proposed Cost of
Service Chart, areas to be serviced under this agreement include all
outdoors areas of the property listed.
f. Submittal of Service and Inspection Reports and any recommendations for
preventative measures. A service evaluation report shall be filled out after
each visit detailing areas treated chemicals andlor materials used, as well
as any observations or information that may be appropriate. A signed copy
City Attorney Approved Version #04.01.02
10
of the reports shall be givenlsent to the Park Superintendent after each
service.
111. NATURE OF WORK AND MATERIALS USED
a. All work will be performed in a safe manner and in accordance with the most
modern and effective scientific pest control procedures.
b. Only those pesticides will be used which have been registered by the
Environmental Protections Agency and other governmental agencies having
authority in this field. All pesticides label requirements, laws and regulations
will be strictly adhered to including California Department of Pesticide
Regulations Compliance for usage and reporting and any requirements for
pollution prevention, public notification or any other regulatory requirements.
The Contractor shall utilize zinc phosphide or aluminum phosphide as the
control agent unless specifically prohibited by law.
c. The Contractor shall furnish the Public Works Superintendent, Parks, with
Materials Data Safety Sheets for all pesticides used in conjunction with it's
pest control activities.
IV. SERVICE SPECIFICATIONS
A. Inspection
a. Contractor shall furnish the Public Works Superintendent, Parks, with
monthly schedule of services including dates and times for inspection and
treatment of all facilities.
b. Upon each service visit, the Service technician will make a thorough
inspection of each property and shall make notations as described in this
section.
c. Areas of active infestation will be noted on the service report.
d. Areas of potential infestation and problems will be noted.
e. Evidence of any animal activity will be reported to the Public Works
Superintendent, Parks.
B. Treatment
a. Any and all needed action will be taken to render complete, preventative
and corrective rodent or other animal abatement treatments.
b. Service technicians must posses a Qualified Applicators Certificate from the
State of California appropriate to these maintenance services and shall
perform all pesticide or bait applications under this agreement.
City Attorney Approved Version #04.01.02 11
C. Freauencv and Maintenance Levels
a. Bi-Monthly service is required at each of the Properties listed in the Vendors
Proposed Cost of Service chart. Weekly maintenance will be required for a
twelve-week period beginning the first Monday in the month of March.
b. All evidence of infestations shall be treated at each property on each service
visit. No more than two (2) new nests, burrows, mounds, or other evidence
of animal activity per acre shall be allowed between scheduled service
events. If maintenance levels are not maintained, the Contractor shall
perform additional service events to maintain the required service levels.
c. Additional applications, trap installations or rodent removals, when
necessary, will be performed within 24-hours of a request from the Public
Works Superintendent, Parks when rodent activity is not controlled to the
level required in this agreement. There shall be no additional compensation
for additional services or treatments to bring the properties into compliance
with these maintenance levels.
V.
VI.
VII.
REPORT FORMS AND RECORD KEEPING
a. A detailed "Service and Inspection Report" will be prepared and furnished to
the Public Works Superintendent, Parks, once per month. This report will
reflect housekeeping conditions, rodent activity, corrective and preventative
treatments, pesticide use and percentage and amount of pesticide used at
each property treated under this agreement. A copy will be maintained in
the pest control company' s files.
b. In the event of corrective service calls, a Supplemental detailed "Service
and Inspection Report" will be prepared and furnished to the Public Works
Superintendent, Parks, by the pest control company. This report will reflect
housekeeping conditions, rodent activity, corrective and preventative
treatments, pesticide use and percentage and amount of pesticide used at
each facility treated under this agreement. A copy will be maintained in the
pest control company' s files.
INSURANCE
a. The pest control company will have full insurance coverage as described in
the attached agreement and will furnish the Certificate@) of Insurance upon
request or when renewed for the duration of this agreement.
QUALIFICATIONS OF CONTRACTOR
City Attorney Approved Version #04 01.02 12
a. The Contractor shall possess and shall maintain all valid and appropriate
licenses from the State of California Department of Pesticide Regulations for
the duration of this agreement.
b. The Contractor shall possess an Agricultural Pest Control Operator license
appropriate to these services from the State of California Department of
Pesticide Regulations for the duration of this agreement.
c. The Contractor shall possess a valid registration with the County of San
Diego Department of Agriculture, Weights and Measures.
d. The Contractor shall provide the City with copies of all required licenses.
e. The Contractor shall provide uniformed, properly trained and licensed
personnel for all work performed under this agreement.
VIII. ENFORCEMENT AND DEDUCTIONS
a. If, in the judgment of the Public Works Superintendent, Parks, the vendor is
deemed to be non-compliant with the terms and obligations of the
agreement, the Public Works Superintendent, Parks, may, in addition to
other remedies provided herein, withhold or deduct the entire monthly
payment, from the vendor's invoice for work not performed or not meeting
the specifications of this agreement. The Public Works Superintendent,
Parks, will forward notification of the amount to be withheld or deducted
from payments to the vendor in a written notice describing the reasons for
said action. The written notice shall constitute reason for any deductions so
imposed.
13
City Attorney Approved Version W.01.02
VENDOR’S PROPOSED COST OF SERVICE* AGRICULTURAL PEST CONTROL SERVICES
The matrix below describes items upon which the City requests a proposal. Please note that the numbers listed in the “Quantity and Units” category of the matrix below are estimates only, and will not be used for any purpose other than to compare proposals
received in response to this Request for Proposal. The actual payments made to the Vendor will be based on the Vendor’s actual work performed for the City consistent with
the terms and conditions of the contract documents.
The Contractor declares helshe has carefully examined the locations of the work, read the Request for Proposal, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this
Agricultural Pest Control Agreement in accordance with the specifications of the City of Carlsbad, and the scoDe of services and that helshe will take in full Davment therefore the
PROPERTY NAME ANNUAL FEE ANNUAL PER
SERV’CE SERVICE (Ext. Amount) EVENTS
ADDRESS
Country C
(Thnrnas
. ~
)r.
-n Rd. and Car
, , . . . Bros. 1126 G2)
‘^idencia St.
iomas Bros. 1127 J7)
30 $1 125.00
30 $30.00 $900.00
Stagecoach Park
Aviara Oaks School
Athletic Fields
Calavera Hills Park
(Includes Open Space
Banks and Slooes (Thomas &os. 1107 A4)
30 $49.00 $1470.00
30 $49.00 $1470.00
3420 Camino de 10s Coches
(Thomas Bros. 1147 J2)
6900 Ambrosia Ln.
(Thomas Bros. 1127 D6)
2997 Glasqow Dr.
I I
City Attorney Approved Version #04.01.02 14