HomeMy WebLinkAboutHunters Services 2023-10-11 COU No. 2324-110
AGREEMENT FOR
PEST CONTROL SERVICES
This Agreement, made and entered into this 11th day of October, 2023 ("Effective
Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
Hunters Services, a corporation, organized and in good standing under the laws of the state of
California, hereinafter referred to as "Contractor".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to providing pest control services at various
locations.
b. Contractor represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
C. City and Contractor agree upon the Scope-of-Work attached hereto as Attachments A, B
and C.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Exhibit 1).
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachments A through C.
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Contractor. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Contractor shall commence performance of services as required by
the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
such services within three (3) years from receipt of the Notice to Proceed. Contractor
shall complete the work to the City's reasonable satisfaction, even if contract disputes
arise or Contractor contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Contractor shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of$40,000. Charges shall be based upon
billing rates per Attachment B which shall include all indirect costs and expenses of
every kind or nature.
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4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Exhibit 1 and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-contractors or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub-contractors shall be included within guaranteed not-to-exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Contractor for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Contractor,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONTRACTOR
5.1 Independent Contractor. Contractor is an independent contractor and is solely
responsible for its acts or omissions. Contractor (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Contractor is an independent
contractor and not an employee, joint venturer, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Contractor
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Contractor and City.
Contractor shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Contractor agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Contractor, including the legal costs associated with
defending against any audit, claim, demand or lawsuit.
Contractor warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
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COU No. 2324-110
5.2 Conflict of Interest. Contractor understands that its professional responsibility is solely to
City. Contractor has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Contractor shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Contractor has a disclosure obligation under the City's
local conflict of interest code, the Contractor shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Contractor's obligations arising under Paragraph 6.2
Contractor shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage —
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of$1,000,000 per accident.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
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COU No. 2324-110
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Contractor, products
and completed operations of the Contractor, premises owned,
occupied or used by the Contractor, or automobiles owned, hired
or borrowed by the Contractor for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope-of-protection
afforded to the City, its officers, officials, employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be in
excess of the Contractor's insurance and shall not contribute with
it.
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Contractor's performance of the work, pursuant to this Agreement.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
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COU No. 2324-110
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coverage
Contractor shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Contractor begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Contractor fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Contractor that City has paid the premium.
G. Subcontractors
Contractor shall include all subcontractors or sub-contractors as insured under its
policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-contractor. All coverage for sub-contractors or sub-contractors
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Contractor agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful
misconduct of Contractor in the performance of services under this contract by
Contractor, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by the City, or arising from the active negligence of the
City.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, contractors, experts and expert witnesses, and litigation
expenses.
References in this paragraph to City or Contractor, include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Governing Law. Contractor shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
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COU No. 2324-110
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.2 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.3 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.4 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.5 Assignment. Contractor's services are considered unique and personal. Contractor
shall not assign, transfer, or sub-contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.6 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.7 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Contractor for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Contractor was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Contractor shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Contractor under this Agreement. Contractor shall be entitled to receive
just and equitable compensation for any work satisfactorily completed hereunder,
subject to offset for any direct or consequential damages City may incur as a result of
Contractor's breach of contract.
7.8 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. When executed using either alternative,
the executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
8.0 NOTICES
All notices and any other communications permitted or required under this Agreement
must be in writing and will be effective (a) immediately upon delivery in person or by
facsimile, or upon delivery to the recipient if communicated by or attached to an email
communication; (b) on the date of delivery, as evidenced by the records of the courier, if
deposited with a nationally-recognized commercial courier for overnight delivery,
provided delivery is made during regular business hours or receipt is acknowledged by a
person reasonably believed by the delivering party to be employed by the recipient; or
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COU No. 2324-110
(c) on the date indicated on the return receipt, if deposited with the United States Postal
Service, certified mail, return receipt requested, postage prepaid. All notices must be
properly addressed and delivered to the parties at the addresses set forth below, or at
such other addresses as either party may subsequently designate by written notice
given in the manner provided in this section and a copy of all notices and other
communications shall be delivered by email.
CITY OF UKIAH HUNTERS SERVICES
DEPT. OF PURCHASING JUAN GARCIA, OFFICE MANAGER
300 SEMINARY AVENUE 2555 ZANELLA WAY, SUITE A
UKIAH, CALIFORNIA 95482-5400 CHICO, CALIFORNIA 95965
Email: ❑urchasing(cDcityofukiah.cam Email: ivan@hunterservices.com
hunterservices.com
9.0 SIGNATURES
1 N WHEREOF, the parties have executed this Agreement the Effective Date:
CONT OR
BY: I�) - l2 ` Z 0`2-3
Date
PRIN N
AME: CA
A`
IRS IDN Number
CITY OF UKIAH
BY: SS� Oct 13, 2023
SAGE SANGIACOMO Date
CITY MANAGER
ATTEST
Kristine Lawler(Oct 13,2023 16:27 PDT) Oct 13 2023
CITY CLERK Date
PACE 7 OF S
COU No. 2324-110
Attachment A— Scope of Work
1. All maintenance visits for the treatments shall be performed by scheduled appointments.
With exception to the Civic Center, Civic Center Annex and Ukiah Valley Conference
Center, treatments will most often be scheduled during the City's normal working hours
of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding regular scheduled City
holidays. However, the City reserves the right to require after hours treatment at any of
the locations when treatment cannot be conducted during normal business hours due to
use or activities that the City feels would be negatively impacted. Service treatments for
the Civic Center, Civic Center Annex and Ukiah Valley Conference Center shall be
performed by scheduled appointments that will not begin earlier than 5:30 p.m. Monday
through Friday. NOTE: The Public Safety side of the Civic Center is occupied 24 hours a
day.
Contractor shall fill out a detailed checklist for each site on each visit. Completed
checklists shall be returned to the designated responsible City employee for each area
of service.
2. This agreement shall include:
a. Quarterly service on outside perimeter of all buildings/equipment and inside
buildings as specified and agreed upon with the City.
b. All work fully guaranteed between regular services at no extra cost to the City.
c. The City of Ukiah has the right to cancel quarterly service for any location for any
period of time. If quarterly service is cancelled by the City, the contractor's
guarantee for the cancelled location will be suspended until such time the City
elects to resume service.
d. The Contractor will allow the City to add additional facilities to the regular
quarterly service agreement at a quarterly treatment cost equivalent to the rates
established in the original agreement for a similar facility. (Contractor and City
must mutually agree in writing to the addition and rates).
e. Chemicals used are safe for human exposure.
3. All work must comply with the City's Integrated Pest Management Policies, provided as
Attachment C.
4. All equipment, tools and chemicals, etc. required to perform the service shall be
provided by the contractor. Chemicals used must be safe for human exposure. MSDS
sheets shall be provided to the City upon contract signing.
5. Pest Control Service to include insects such as ants, earwigs, sow bugs, roaches,
spiders, bees, boring bees, wasps, as well as rodent control, including mice, rats,
gophers, squirrels and moles.
6. Locations and Pricing: See Attachment B. Please note, that all locations are based on
quarterly visits.
7. TROUBLE CALL SERVICE: Should the City request the contractor to correct a pest
problem at another City facility not currently covered under this contract, the City shall be
responsible for the trouble call service charge.
8. EMERGENCIES: 24 (twenty-four) hour response time.
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ATTACHMENT B-PEST CONTROL LOCATIONS AND PRICING
Locations Address Outdoor Indoor Quarterly Pricing
Ukiah Sports Complex 905 City Well Road x $ 95.00
Ukiah Skate Park 1043 Low Gap Road x $ 90.00
Ukiah Municipal Pool 511 Park Boulevard $ 90.00
Day Camp 555 Park Boulevard $ 95.00
Vinewood Park 1260 Elm Street $ 95.00
Anton 506 Park Boulevard $ 95.00
Alex Thomas Plaza 310 S State Street $ 95.00
Observatory 407 Luce Street $ 95.00
Parks Maintenance 185 Mason Street $ 95.00
Ukiah Valley Conf Ctr 200 South School Street $ 95.00
Ukiah Civic Center 300 Seminary Avenue x x $ 105.00
Civic Center Annex 411 West Clay Street x x $ 105.00
Ukiah Train Depot 309 East Perkins x x $ 95.00
Probation Building 208 E Standley x x $ 95.00
Sub Station 743 South Orchard $ 95.00
Hydro Plant 11229 Lake Mendocino Drive $ 95.00
Corp Yard 11320 Airport Road $ 90.00
Additional Services Pricing
Emergencies(1 hour response time.) $ 350.00 per hour
Non-emergencies (4 hour response time.) $ 250.00 per hour
Termite control (Civic Center Only) $ 4,241.00 per service
ATTACHMENT C
INTEGRATED PEST MANAGEMENT POLICIES
FOR THE
CITY OF UKIAH
Revised May 7, 2003
CITY OF UIGAH
INTEGRATED PEST MANAGEMENT POLICY
Purpose
To provide procedural guidelines for the management of various pest species in areas
maintained by the City of Ukiah Parks Department.
Definition
Integrated Pest Management(IPM)is a pest management strategy that focuses on long-
term prevention or suppression of pest problems with minimum impact on human health,
the environment and non-target organisms. These strategies require the selection,
integration and implementation of various pest control techniques considering the various
economic, ecological and sociological consequences.
Policy Goals
It is the policy goal of the City of Ukiah, that these policies and practices concerning pest
management remain active and ever changing based upon pest industry standards,
community input, application limitations and staff recommendations. The City of
Ukiah's general goals regarding our IPM program should involve the following:
a. Provide training on a regular basis regarding IPM practices and techniques for all
departments engaged in pest application use.
b. Reduce pesticide use when appropriate, given the limitations of organic or manual
eradication procedures.
c. Establish and maintain pesticide use reports and record keeping to enhance
employee training, community awareness and public safety.
d. Continue City department inventory to determine what pest practices are being
used and how to best coordinate safety programs for our employees.
Procedures
The following procedures for maintenance and application of pesticides shall apply to all
Departments within the City of Ukiah .
a. All departments that are involved with the IPM plan should establish a record-
keeping system.
b. The city will be responsible for providing training to appropriate personnel on
how to recognize pests and how to cope with pest infestations.
c. No pest application procedures can take place unless, the city employee applying
the pest measures receives prior authorization from his or her Supervisor
coordinating the pest eradication program in their division or department. Any
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use of chemical controls must be justified and approved in accordance with these
policies and practices.
d. When applying herbicides in a park the subject area perimeter shall also be posted
24 hours in advance and postings shall remain for 24 hours after the spray
application has been completed. The use and safety requirements associated with
any chemical pesticide shall be in compliance with all state and federal
regulations.
e. Pesticides shall only be applied by certified applicators who have been trained in
the application process, in accordance with the manufactures MSDS. Supervisors
shall be responsible for providing safety training on the application of all
pesticides used by the City of Ukiah.
f. Records of all chemical applications shall be kept by each department for a period
of two years and in conformance with MSDS requirements. All records shall be
made available to the public and employees on a regular basis when requested.
g. Mechanical means of weed abatement including use of discs, weed mowers,
string trimmers, hoes, and hand pulling shall be used where appropriate
Cultural and Biolo0cal Activities
The City of Ukiah shall seek every opportunity to control weeds and minimize use of
chemical herbicides through the following cultural and biological alternative methods:
a. Providing conditions conducive to healthy plant growth.
b. Modification of the environment to disrupt the pest cycle such as in alteration of
irrigation times, frequency, amount and adjustments to mowing heights of turf.
c. Provide conditions that allow for increase in populations of beneficial organisms.
d. Use of"biological' or non-chemical pesticides.
e. Selection of plant materials suited to the site.
f. Selection of resistant plant materials.
g. Systematic removal of problem plants and replacement with appropriate plant
species.
Planning and Design Activities
During the process of acquiring open space, or other areas for city facilities, staff will ,
work diligently on landscape planning and design in order to limit pest habitats. Planning
and design may involve: Suitable landscaping to prevent certain pests, rodents or weeds
from becoming part of the environment. Design decisions and recommendations on land
use shall focus on strategies that minimize pest infestations. City staff will work on plant
selections and landscape configurations that provide for natural resistance to pests. In
example, enhancing the use of mulching, mowing, screening and hand weeding can
prevent many landscape pests.
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Chemical Annlications
Chemical weed abatement shall be conducted under the following criteria.
a. Use of natural or organic pesticide alternatives(typically those which are derived
from plants which have pesticidal properties).
b. Use of"least-toxic" pesticides.
c. Selection and use of traditional pesticides that provide acceptable control with
consideration given to human health and environmental effects.
SAecific Areas of Use
The city has a limited base stock use of pesticides given the type of pests that have been
identified by staff. Currently, three departments are involved with the use of pesticides or
water base component products. The departments include the following:
Utilities:
a. Water Plant
b. Waste Water Plant
c. Electric substations
Public Works:
a. Airport(mostly controlled by mowing)
b. Right-of-Way Locations
c. Parking Lots
d. Corporation Yard
Parks&Community Services:
Todd Grove Park McGarvey
Observatory Vinewood
Carpenter Alex Thomas Plaza
Orchard Anton Stadium
Oak Manor Civic Center
Giorno Seminary Avenue Median
Golf Course
LDc/Pest Management Policy
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