HomeMy WebLinkAbout5.2 Amendment to the Agreement with Advanced Integrated Pest Management for Pest Control Servicesr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 5.2
DATE: December 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SU B.ECT : Amendment to the Agreement with Advanced Integrated Pest Management
for Pest Control Services
Prepared by: Julius Pickney, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving an amendment to the agreement with Advanced
Integrated Pest Management for pest control services at City Facilities and on Parks Reserve
Forces Training Area (Camp Parks).
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Agreement with Advanced Integrated Pest
Management for Pest Control Services.
FINANCIAL IMPACT:
The cost of these services at City facilities will be charged to the Public Works Department in
accordance with the adopted annual operating budget. All expenditures for services provided on
Camp Parks are reimbursed to the City through the Intergovernmental Support Agreement which
includes an administrative fee for the City's oversight and management of services. The proposed
amendment sets the not -to -exceed (NTE) contract amount at $84,411 for City services only (it
was previously NTE $159,742 for both City and Camp Parks services). Pest management provided
at Camp Parks through the contract are estimated at $70,000 per year but will not have an NTE
limit.
DESCRIPTION:
The Public Works Department utilizes contractors for regular and on -call maintenance services.
On June 21, 2022, the City Council adopted Resolution No. 76-22 approving an agreement with
Advanced Integrate Pest Management (AIPM) for pest control services at City buildings and at
facilities on Camp Parks. The agreement expires on June 30, 2025. Staff recommends an early
extension to address budgetary constraints, as unanticipated rodent eradication efforts requested
Page 1 of 2
1
by Camp Parks over the past two years have significantly exceeded the original budget allocation,
leaving insufficient funds to continue providing pest control services. To address this, Staff
proposes an amendment to extend the term by two years to June 30, 2027, revise the scope of
services, account for reimbursable services, and update the compensation schedule to reflect
current service rates, including the previously approved 3% maximum annual cost -of -living
adjustment which will remain in effect for the duration of the contract.
The City of Dublin provides pest control services on Camp Parks through an Intergovernmental
Support Agreement (IGSA) that was approved by the City Council on December 3, 2019
(Resolution No. 129-19). The City currently provides pest control services through the agreement
with AIPM. Camp Parks staff requests the City continue providing pest management services
through this agreement and requests flexibility to make service adjustments throughout the
contract term to allow for changing needs at Camp Parks. An example of such changing needs is
exterior rodent control, which is dependent on seasonal factors and rodent population growth.
All expenditures associated with providing pest control services on Camp Parks through the ISGA
are fully reimbursed by the federal government. In addition to reimbursement of AIPM service
charges, the City receives an administrative fee to cover the cost of managing the contract. The
proposed amendment includes revisions to the compensation clause, removing the not -to -exceed
NTE limit from the services performed on Camp Parks, thereby allowing City staff to work directly
with Camp Parks to authorize requested pest management services and manage the associated
expenditure and revenue budgets administratively. This reduces the NTE limit from $159,742 to
$84,411 for City services only.
The proposed amendment also includes revisions to the scope of services, including adding the
requirement that AIPM must comply with the City of Dublin Integrated Pest Management Policy
and Standard Operating Procedure. The amendment also adds the Dublin Arts Center to the City
service locations and updates the rate schedule to show the Fiscal Year 2024-2025 rates.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Amendment to the Agreement with Advanced Integrated Pest
Management for Pest Control Services
2) Exhibit A to Resolution - First Amendment to Contractor Services Agreement with Advanced
Integrated Pest Management
3) Contractor Services Agreement with Advanced Integrated Pest Management
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2
Attachment I
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH ADVANCED INTEGRATED
PEST MANAGEMENT FOR PEST CONTROL SERVICES
WHEREAS, on December 13, 2019, the City Council adopted Resolution No. 129-19
authorizing the City to enter into an Intergovernmental Support Agreement (IGSA) with U.S. ARMY
Garrison Fort Hunter Ligget to provide installation support at Camp Parks Reserve Forces Training
Area (Camp Parks) including pest control services through agreements; and
WHEREAS, contractual services provided through this IGSA to Camp Parks may vary
based on evolving needs; and
WHEREAS, all costs associated with the IGSA are fully reimbursed by the Federal
Government plus an administrative fee resulting in a positive net impact on the City's General
Fund; and
WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 76-22 approving
an agreement with Advanced Integrated Pest Management (AIPM) for pest control services at
City facilities and on Camp Parks; and
WHEREAS, on June 6, 2024, the City Council adopted Resolution No. 53-24 Adopting a
Budget for the City of Dublin Fiscal Year 2024-25, and said Resolution authorized the City
Manager to increase revenue and expenditure budget for various departmental functions, when
corresponding revenues equal or exceed expenditures; and
WHEREAS, all expenditures related to the pest control services provided through the IGSA
to Camp Parks will be managed administratively and the fees for these pest control services will
not be subject to the not -to -exceed compensation limit in the agreement with AIPM; and
WHEREAS, the City and Contractor mutually desire to amend the Agreement to extend
the term to June 30, 2027, reduce the not -to -exceed compensation amount to $84,411 for City -
related services not including Camp Parks services, update the Scope of Services, and update
the compensation schedule to reflect existing annual cost -of -living adjustments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendment to the agreement with Advanced Integrated Pest Management,
attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non -substantive changes to Exhibit A to carry out the intent
of this Resolution.
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 3
PASSED, APPROVED AND ADOPTED this 3rd day of December 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2
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Attachment 2
Exhibit A to the Resolution
FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
ADVANCED INTEGRATED PEST MANAGEMENT
WHEREAS, on December 13, 2019, the City of Dublin (hereinafter referred to
as "CITY") entered into an Intergovernmental Support Agreement (IGSA) to provide
installation support at Camp Parks Reserve Forces Training Area (Camp Parks), including
pest control services through agreements; and
WHEREAS, contractual services provided through this IGSA to Camp Parks
may vary based on evolving needs; and
WHEREAS, all costs associated with the IGSA, are fully reimbursed by the
Federal Government plus a 7% admin fee resulting in a positive net impact on the City's
General Fund; and
WHEREAS, on July 1, 2022, the CITY and Advanced Integrated Pest
Management (hereinafter referred to as "CONTRACTOR") entered into a Contractor Services
Agreement for pest control management services (hereinafter referred to as the
"AGREEMENT"); and
WHEREAS, on June 6, 2024, Resolution 53-24 was adopted authorizing CITY
to manage the budget administratively when budget adjustments increase expenditures and
corresponding revenues are equal or exceed the increased expenditures; and
WHEREAS, it is acknowledged that all expenditures related to the services
rendered at Camp Parks will be managed administratively and will not be included in the not -
to -exceed compensation limit with the AGREEMENT for CITY services; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
AGREEMENT to extend the term through June 30, 2027 by modifying Section 1.1 of the
AGREEMENT, and set a not -to -exceed compensation amount of $84,411 for City -related
services by modifying Section 2 of the AGREEMENT; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to replace both Exhibit A and Exhibit B with a singular Exhibit A; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
AGREEMENT to include Exhibit B - Integrated Pest Management Standard Operating
Procedure; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
AGREEMENT to revise references within the AGREEMENT as necessary to reflect the
updated Exhibit A and Exhibit B.
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NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) The end of the term, set forth in section 1.1 of the AGREEMENT shall be extended
until June 30, 2027.
2) The compensation amount, set forth in section 2 of the AGREEMENT shall be
increased to a sum not to exceed $84,411.
3) Exhibit A shall be rescinded in its entirety and replaced with the attached revised
exhibit.
4) Exhibit B shall be rescinded in its entirety and replaced with the attached revised
exhibit.
5) The language in Section 2.6 shall be rescinded in its entirety and replaced with the
following: "Reimbursable expenses are specified in Exhibit A. Expenses not listed in
Exhibit A are not chargeable to City. Reimbursable expenses are included in the total
amount of compensation provided under this Agreement that shall not be exceeded."
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
7) All requisite insurance policies to be maintained by the CONTRACTOR pursuant to the
AGREEMENT, as may have been amended from time to time, shall include coverage
for the amended term, as described above.
8) 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.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN ADVANCED INTEGRATED PEST MANAGEMENT
By:
[____DocuSined by:
i7aan Ieow�aan,i
By. 4C6140960060487...
Colleen Tribby, City Manager Brian Romani, President and CEO
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES & COMPENSATION SCHEDULE
Contractor shall treat and/or provide for an environment that is free from, but not limited to, the
following pests:
1. Insects (crawling): Such as spiders, cockroaches, beetles, ants (all species), earwigs, sow
bugs, centipedes, silverfish, crickets, and grasshoppers
2. Insects (biting): Such as fleas
3. Insects (stinging and nesting): Such as wasps, hornets, and other stinging insects nesting on
or around the facility (interior, exterior, up to two stories, or within 50 feet of the facility).
4. Rodents: Such as mice, rats, and other small rodents
5. Burrowing Rodents: Such as gopher, moles, squirrels, and voles
Pest control services shall be performed at all City facilities and at Camp Parks Reserve Forces
Training Area (Camp Parks), as listed below. Additionally, the Public Works Manager may provide
written approval for any unforeseen locations or services beyond those already covered in this
Agreement.
Contractor shall wear a uniform with company identification whenever working in or around any City
facility and Camp Parks. Contractor shall establish and submit to the City/Camp Parks a schedule of
services to be performed at each location. Each facility shall be serviced monthly, unless noted
otherwise.
Prior to providing services, contractor shall schedule all visits, to City facilities and Camp Parks, with
the City Public Works Manager (or designee).
Contractor must check in with City/Camp Parks staff prior to performing services to receive any
updates on issues that may have arisen since the last routine service.
Contractor must perform a thorough inspection during routine service. Contractor shall provide the
City/Camp Parks with a copy of the inspection report (electronically) within one week of service and
report any issues that may be addressed by the City/Camp Parks prior to the next scheduled service
(i.e., trim vegetation away from building, install door sweeps, etc.).
Complaints and service requests between routine services must be addressed within 24 hours after
notification and will be at no additional cost.
All pest control services shall be performed in accordance with Federal, State, and Local rules and
regulations. All chemicals used during the service must be approved for its intended use and applied
in a manner consistent with the regulations established by the State of California Department of
Pesticide Regulation and consistent with Federal and Cal OSHA standards. Contractor must comply
with the City of Dublin Integrated Pest Management Policy and Standard Operating Procedure (Exhibit
B) as provided or updated in the future.
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LOCATIONS AND RATE SCHEDULE
City of Dublin Locations
Site#
Facility
Floors
Interior
Building
Exterior
Building
Frequency
FY24/25
Monthly
Rate
FY 24/25
Total
Annual
Rate
1
City Hall
100 Civic Plaza
2
X
X
Monthly
$111.40
$1,336.80
1A
Dublin Arts
Center
2
X
X
Monthly
$111.40
$1,336.80
2
Library
200 Civic Plaza
1
X
X
Monthly
$79.57
$954.84
3
Dublin Police - PSC
6361 Clark Avenue
1
X
X
Monthly
$111.40
$1,336.80
4
Shannon Center
11600 Shannon
Avenue
1
X
X
Monthly
$79.57
$954.84
5
Senior Center
7600 Amador
Valley Boulevard
1
X
X
Monthly
$79.57
$954.84
6
Heritage Park &
Museum
(Old St. Raymond
Church &
Schoolhouse)
6600 Donlon Way
1
X
X
Monthly
$74.27
$891.24
7
Historic Park (Kolb
House)
6600 Donlon Way
1
X
X
Monthly
$63.66
$763.92
8
The WAVE
4201 Central
Parkway
1
X
X
Monthly
$132.62
$1,591.44
9
Corporation Yard
5709 Scarlett Court
1
X
X
Monthly
$79.57
$954.84
10
Fire Station 16
7494 Donohue
Drive
1
X
X
Monthly
$63.66
$763.92
11
Fire Station 17
6700 Madigan
Drive
1
X
X
Monthly
$63.66
$763.92
12
Fire Station 18
4800 Fallon Road
1
X
X
Monthly
$63.66
$763.92
9
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Camp Parks Reserve Forces Training Area Locations
Site#
Facility
Floors
Interior
Building
Exterior
Building
Frequency
FY24/25
Monthly
Rate
150
Warehouse
2
X
Upon
RequestUpon
$42.44
162
Warehouse
1
X
Request
$42.44
171
Warehouse
1
X
Upon
Request
$42.44
275
Visitor Center
1
X
X
Weekly
$26.53
277
Guard Shack
1
X
X
Weekly
$26.53
278
Guard Shack
1
X
X
Weekly
$26.53
282
Guard Shack
1
X
X
Weekly
$26.53
300
Administrative
2
X
X
Monthly
$53.05
301
Administrative
2
X
X
Monthly
$53.05
302
Administrative
2
X
X
Monthly
$53.05
303
Fitness Center
2
X
X
Weekly
$53.05
304
Administrative
2
X
X
Monthly
$53.05
306
Administrative
2
X
X
Monthly
$53.05
309
Storage
1
X
Monthly
$42.44
310
Administrative
2
X
Monthly
$53.05
311
Administrative
1
X
X
Weekly
$53.05
312
Administrative
1
X
X
Weekly
$53.05
313
Warehouse
1
X
Monthly
$42.44
320
Administrative
2
X
Monthly
$53.05
321
Administrative
2
X
Monthly
$53.05
330
Administrative
2
X
Uon
Request
$53.05
332
Dining Facility
3
X
X
Weekly
$106.09
334
Warehouse
1
X
Monthly
$42.44
342
Storage
1
X
Monthly
$42.44
350
Administrative
1
X
X
Weekly
$53.05
10
Docusign Envelope ID: 2DD4EAB5-977D-4218-88C0-F2BE89D22816
360
Barracks
2
X
X
Weekly
$53.05
361
Barracks
2
X
X
Weekly
$53.05
362
Barracks
2
X
X
Weekly
$53.05
363
Barracks
2
X
X
Weekly
$53.05
364
Barracks
2
X
X
Weekly
$53.05
373
Administrative
2
X
X
Weekly
$53.05
387
Container Storage
1
X
Upon
Request
$53.05
388
Container Storage
1
X
RUpon
$31.83
389
Container Storage
1
X
Request pon
$31.83
390
Barracks
2
X
X
Monthly
$31.83
391
Barracks
2
X
X
Monthly
$53.05
392
Barracks
2
X
X
Monthly
$53.05
393
Barracks
2
X
X
Monthly
$53.05
394
Barracks
2
X
X
Monthly
$53.05
398
Laundry Facility
1
X
X
Weekly
$53.05
490
Vehicle Maintenance
1
X
X
Weekly
$42.44
494
Warehouse
1
X
X
Weekly
$42.44
495
Admin/Storage
1
X
Upon
Request
$53.05
510
Administrative
2
X
X
Weekly
$53.05
511
Storage
1
X
Upon
Request
$42.44
512
Storage
1
X
Monthly
$42.44
514
Administrative
1
X
X
Weekly
$53.05
515
Storage
1
X
Monthly
$42.44
516
Vehicle Maintenance
1
X
Monthly
$42.44
517
Administration
2
X
X
Weekly
$53.05
521
Administration/Rally
1
X
X
Weekly
$53.05
522
Storage
1
X
Upon
P ni IPCt
$42.44
610
Administrative
1
X
X
Weekly
$53.05
612
Storage
1
X
Upon
Request
$42.44
11
Docusign Envelope ID: 2DD4EAB5-977D-4218-88C0-F2BE89D22816
620
Administrative
1
X
X
Weekly
$53.05
628
Admin/Toilet
1
X
Upon
Request
$53.05
635
NEC Node
1
X
Upon
Request
$42.44
650
Administrative
2
X
X
Monthly
$53.05
659
Administrative
3
X
X
Weekly
$53.05
665
Admin/Storage
1
X
X
Monthly
$53.05
677
Administrative
1
X
X
Monthly
$53.05
685
Warehouse/Storage
1
X
X
Monthly
$53.05
791
Admin/Shops
1
X
X
Weekly
$42.44
1192
Access Control
1
X
Upon
RequestUpon
$53.05
1195
Range OPS/Storage
1
X
RequestUpon
$53.05
1206
Administrative
1
X
RequestUpon
$53.05
1209
Administrative
1
X
RequestUpon
$53.05
1211
Administrative
1
X
Request
$53.05
0396A
Baseball Dugout (R)
1
X
Upon
Request
$26.53
0396B
Baseball Dugout (L)
1
X
Upon
Request
$26.53
J1210
Administrative
1
X
Upon
Request
$53.05
MISC
Curbs
1
X
Bimonthly
$26.53
MISC
Gravel Areas
1
X
Bimonthly
$26.53
ROEST
Administrative
1
X
Upon
RequestUpon
$53.05
R396C
Baseball (Booth)
1
X
RequestUpon
$26.53
TR490
Showers
1
X
Request
$26.53
520, 521 ,
373,490,
494
q S uirrel eradication initial
install
1
X
One Time
$3,350
520, 521,
373, 490,
494
Squirrel eradication: ball
field, flagpole, Fire Dept,
Recreation Ctr
1
X
Monthly
$2,200
Reimbursable expenses are built into rates identified above.
12
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COMPENSATION SCHEDULE
FY22/23
Actuals
FY23/24
Actuals
FY24/25
Budget
FY25/26
Budget
FY26/27
Budget
Total
City Facilities
$16,464
$11,628
$13,368
$13,769
$14,182
$69,411
City
Contingency*
--
--
$5,000
$5,000
$5,000
$15,000
City Total
$16,464
$11,628
$18,368
$18,769
$19,182
$84,411
Camp Parks**
$53,040
$43,045
Anticipated
$70k
Anticipated
$70k
Anticipated
$70k
Anticipated
$306,085
*City Contingency fund usage requires prior authorization from the Public Works Manager or
designee.
**Camp Parks anticipated budget based on needs of user per rate schedule provided above.
Administrative budget adjustments allowed, provided positive net impact on General Fund.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed. Invoices shall be submitted for services rendered from the first to the last
day of each month.
Contractor shall submit to the City any proposed increase to costs no later than 60 days prior to the
start of a new Fiscal Year (July 1-June 30). Any changes to cost shall be approved in writing by the
Public Works Manager or designee. Any such increase shall be calculated based on the Consumer
Price Index for All Urban Consumers (CPI-U) and shall not exceed 3%.
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DUBLIN
CALIFORNIA
THE NEW
AMERICAN
BACKYARD
City Council
925.833.6650
City Manager
925.833.6650
Community Development
925.833.66I D
Economic Development
925.833.6650
FinanceAT
925.833.6640
Fire Prevention
925.833.6606
Human Resources
925.833.660E
Parks & Community Services
925.833.6645
Police
925.833.66 J0
Public Works
925.833.6630
I00 Civic Plaza
Dublin,CA 94568
P 925.833.6650
F 925.833.6651
www.d ubl i n.ca.gov
Exhibit B
City of Dublin
Integrated Pest Management
Standard Operating Procedure
Public Works Department
Updated 2024
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Background and Purpose
On May 2nd, 2006, City Council adopted Resolution No. 57-06 Establishing a Policy on Integrated
Pest Management (Attachment A) to meet requirements in the Municipal Storm Water Discharge
Permit CAS0029831 issued by the San Francisco Bay Regional Water Quality Control Board to the
Alameda Countywide Clean Water Program (Permit). The IPM Policy set forth guiding principals for
the development and implementation of an IPM Policy on all City owned facilities to accomplish the
following:
1) Minimize pesticide use at City facilities to ensure that the City remains in compliance with
the Permit by applying the IPM Policy;
2) Reduce the use of broad-spectrum pesticides when feasible;
3) Conduct outreach and provide the means of educating all City Staff to create awareness
about IPM and the use of alternative pest management techniques; and
4) Reduce the adverse impacts to water quality (both in local creeks and the San Francisco Bay)
due to pesticide usage, particularly from copper -based pesticides, 2-4-d based herbicides
and organophosphate pesticides.
After the adoption of Resolution No. 57-06, the Permit has been revised three times. The third
reissuance of the Municipal Regional Stormwater National Pollutant Discharge Elimination System
Permit (MRP) requires Permittees to develop a pesticide toxicity control program for use of
pesticides in its municipal operations and on municipal property. The program must be based on the
concepts of Integrated Pest Management (IPM) and Permittees must have an IPM policy and
associated Standard Operating Procedures (SOP) to implement the policy. The purpose of the IPM
Policy and SOPs (Policy) is to prevent the impairment of urban streams by pesticide -related toxicity.
The pesticides known to impact water quality which are included in MRP 3 has expanded to include
those listed below.
Urban -use pesticides of concern to water quality included in the MRP include:
• Diamides (chlorantraniliprole and cyantraniliprole)
• Diuron, fipronil, and its degradates
• Indoxacarb
• Organophosphorous insecticides (chlorpyrifos, diazinion, and malathion)
• Pyrethroids (metoflurthrin, bifenthrin, cyfluthrin, beta-cyfluthrin, cypermethrin,
deltamethrin, esfenvalerate, lambda-cyhalothrin, and permethrin)
• Carbamates (e.g. carbaryl and aldicarb)
• Neonicotinoids (e.g. imidacloprid, acetamiprid, and dinotefuran)
• Copper -based chemicals
In addition to the pesticides listed in the MRP, the City of Dublin prohibits the use of glyphosate (i.e.,
Roundup) and 2-4-d based herbicides on City property.
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IPM Overview
Integrated Pest Management (IPM) is an ecosystem -based strategy that focuses on long-term
prevention of pests or their damage through a combination of control methods or techniques.
Pesticides are used only after monitoring indicates they are needed, according to established
action thresholds and when pest threshold levels are exceeded.
Understanding pest characteristics and needs is essential to implementing IPM effectively. Pests
seek habitats that provide basic needs such as air, moisture, food and shelter. They often can be
prevented or controlled by creating inhospitable environments, by removing basic survival elements
or by simply blocking their access. An effective, long-term approach to managing pests uses a
combination of non -chemical methods or techniques that work well together. Chemical control
methods are used only when implementation of non -chemical control methods have been
unsuccessful at reducing pests below the established action threshold for the pest. Approaches for
managing pests are grouped as shown below and explained in more detail in Attachment B.
CHEM
•ICAL
BIOLOGICAL
J
PHYSICAL & MECHANICAL
CULTURAL CONTROLS & SANITATION
IDENTIFICATION & UNDERSTANDING PEST
Image credit: https://beehealth.uada.edu/assets/pages/beekeepingipm.html
IPM Pest Management Hierarchy
The IPM-based hierarchical decision -making process used to control pests will follow the five steps
of IPM, as described below.
Five Steps of IPM (from Pesticide.org)
1) Identify the pest. Most species of living things are NOT pests, but are contributing members
of the broader ecosystem (e.g. spiders in landscape areas). By taking the time to ensure that
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a suspected pest is an actual pest, a lot of unnecessary pest control efforts can be
eliminated.
2) Monitor pest activity. By monitoring pest populations over time, you can determine if pests
are present in numbers to be concerned about potential damage. Monitoring ensures that
unnecessary treatments are avoided.
3) Determine Action Thresholds. An action threshold is the point at which further damage is
considered intolerable and some kind of pest control action is required.
4) Explore treatment options and make treatments. There are many different treatment
options besides pesticides and prevention should always be considered first. Exclusion is key.
Using screens and caulking goes a long way to keeping pests out of buildings. Increasing
levels of sanitation often plays a big role in preventing pests.
a. If pesticides are deemed necessary, priority should be given to treatments that are
highly targeted to the pest organism, using containerized baits when possible, and to
pesticides that are least toxic to human health and the environment. Particular
attention must be paid to avoid pesticides that cause water quality impairment as
listed above.
5) Evaluate results. Monitoring after the treatments is how you know how effective the
treatment was, and if pest populations are at acceptable levels. No further treatments are
made unless monitoring shows that pests are again at action thresholds.
Roles and Responsibilities
1. Public Works Manager will oversee implementation of the IPM Policy, including:
i. Be knowledgeable about IPM and the IPM Policy.
ii. Ensure that any permits or licenses that the City and/or its contractors need to have
are maintained.
iii. Ensure that contract documents require contractors to adhere to the IPM Policy.
iv. Include the IPM Policy in contractor service solicitations (e.g., RFPs) and contract
specifications.
v. Give contract award preference to contractors who are IPM certified and possess a
Qualified Applicators License or Certificate, as applicable.
vi. Require review of the City's IPM Policy and SOP during contract kickoff project
meetings and during annual IPM Policy trainings.
2. Public Works Maintenance Coordinator will direct pesticide contractors to implement
the IPM Policy. Specifically, the Public Works Maintenance Coordinator will:
i. Be knowledgeable about IPM and the IPM Policy.
ii. Attend IPM trainings.
iii. Require evidence of certifications/permits/licenses required of all pesticide
contractors and subcontractors.
iv. Require monthly pesticide use records from contractors and an application summary
report for MRP Annual Reporting.
v. Verify contractor compliance with the IPM Policy and document actions taken to
correct contractor performance for MRP Annual Reports.
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vi. Ensure proper pesticide application noticing, as required by pesticide manufacturer
product guidelines and federal/state regulations.
vii. Approve pesticide application pre -approval requests.
3. Environmental & Sustainability Manager will provide support to the Maintenance
Division, including:
i. Provide annual training to employees and contractors involved with facility and
landscape maintenance on the IPM Policy.
ii. Document annual IPM training attendance, content and materials for MRP Annual
Reports.
iii. Report on IPM practices implemented and pesticides used in the MRP Annual
Reports.
iv. Assist with development of pest specific action plans and SOPs.
4. Contractors will:
i. Comply with all federal, state and local pest control operator regulations,
maintain current licenses and possess the appropriate Qualified Applicators
License or Certificate.
ii. Utilize pesticides safely and in accordance with federal and state regulations.
iii. Adhere to the IPM Policy, the City's IPM SOP, and follow industry accepted IPM
strategies that emphasize non -pesticide alternatives to control pests.
iv. Provide monthly pesticide use records and an annual summary report in the form
and format required by the Public Works Maintenance Manager. The monthly
and annual reports will include the following information, at minimum:
a. Date and time of pesticide application or service.
b. Site of the pesticide application.
c. Name and EPA registration number of product applied.
d. Active ingredient.
e. Indicate if the active ingredient is a pesticide of concern to water quality
or otherwise prohibited for use on City of Dublin property (as listed in
Section 1 above).
f. Where and how pesticides were applied at the site (e.g., were the applied
in a manner that can impact water quality).
g. Targeted pest.
h. Amount of active product applied (weight or volume).
i. Non -chemical IPM methods that were considered or tried.
v. Develop pest specific action plans and SOPs for review and approval by the City.
vi. Structural pest control contractors should be IPM-certified from a recognized
certification program, such as:
a. Eco Wise Certified: ecowisecertified.org
b. Green Shield: greenshieldcertified.org
c. GreenPro: npmaqualitypro.org
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vii. Landscape contractors should be trained in IPM from a recognized training
program, such as:
a. ReScape California: rescapeca.org
IPM Resources
The following are some of the available resources for more information on IPM. In addition
to these web resources, the Municipal Maintenance Subcommittee of the Alameda
Countywide Clean Water Program developed a printed binder in June 2018 which is available
at the City's Corporation Yard and in the Public Works Department.
1. University of California Agriculture and Natural Resources Statewide Integrated Pest
Management Program ipm.ucanr.edu
2. County of Santa Clara Integrated Pest Management Program (including pest identifier
information) sccgov.org/sites/ipm/Pages/Home.aspx
3. Our Water, Our World Program (including a list of less toxic pesticides)
ou rwaterou rworld.org.
4. San Francisco County Integrated Pest Management Program sfenvironment.org/pest-
management-for-city-departments
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Attachment A: Resolution 57-06
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RESOLUTION NO. 37 — 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING A POLICY ON IINTEGRATZb PEST MANAGEMENT (IPM)
WHEREAS, the City ofthiblin is subject to the terms of the Municipal Storm Water Aso/large
Permit (ASoo2%3 iP rn 1t) issued by the San Francisco Bay Regional water Quality Control Board; and
WHEREAS, Provision C to c ofthe Permit requires municipalities to address the impairment of
urban streams die to pesticide usage; and
WHEREAS. the City of Dub1n has prepared an Integrated Pest Management (IPM) Policy
covering the ongoing operation to enurel and manage pests m and around the City's buildings and
facilities, parks, and urban landscape areas; and
WHEREAS, the Policy sets forth guidmg principals for the development and implementation den
Integrated Pest IMf.unageroent (PM) Policy on all City -owned facilities to accomplish the following:
1) Minimize pesticide use at City facilities to ensure that the City remains in compliance vdth
the Permit by applyiri8 the Integrated Pest h+faaagement Polity;
2) Reduce the use abroad —spectrum pesticides when # Bible;
31 Conduct ouuaach and provide the means of educating all City Staff to create awareness
about IPM and the use of alternative pest management techniques;
4) ![educe the adverse impacts to water Quality (both in local creeks and the San Francisco
Say) due to pesticide tinge, particularly f`roat copper -based peati,cides, 2-4-d based
herbicides, and organophosphatc pesticides;
NOW, THEREFORE, RE Irr RE.S(]I.V rm. that the City Council of the City of Dublin does
hereby establish a policy, attached hereto as EihiklIj *A,.' entitled "Integrated Pest Management (IPM)
Policy "
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2406, by the following vote:
AYES Councilmentbers I-Oldenbread, McCormick,Oravetz and Zilra, and Mayor Lockleirt
NOES Now
ABSENT None
ABSTAIN Notre
AIT ST`
Remo Na. 57-05, Adopted 5V2I05, items 8.A
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r•MEN..
INTEGRATED PEST MANAGENIIENT (IPM) POLICY FOR
FACILITIES OWNED BY THE CITY OF DLJgLIN
This policy sets forth the guiding principles for the development and implementation
of Integrated Pest Management (IPM) on all City facilities_ The City of Dublin,
including all departments and staff therein, and contractors providing pest control
services at City facilities shall follow the Clty+s IPM poky to control and manage
pests in and around City buildings and facilities, parks and golf courses, urban
landscape areas and rights -of -way
Purpose and Goals
Tile goals of the IPM policy and its implementation throughout the City are to:
1) Minimize pesticide use at City facilities to ensure that the City maintains
compliance wth its National Potluticrr Discharge Elimination System {NPDES)
Starrnwater Permit (Order t I2-20C3-0021) requirements,
2) Reduce the use of brad -spectrum pesticides, when feasible,
3) Outreach and provide means of educating all City staff, creating awareness
about 1PMJ and the use of alternative pest management technique.
4) Reduce the adverse impacts to wafer quality (bath in local creeks and the
San Francisco Bey) due to pesticide wage, particularly from oil er-based
pesticides, 2-4-d based herbicides, and organaphosphate pesticides.
Background
The National Pollutant DISCherge Elimination System (NPDES) permit (Order No.
R2 200 -0021 ) issued by the California Regional Water Quality ConfrOl Board
(RWOCB) mandates the member agencies of the Alameda Countywide Clearwater
Program (A WP) to develop and implement eh'integrated pest management plain
to address urban stream Impairment by pesticides. In particular, organophosphate-
oontalning pesticdes (e.g„ Clazlrlon and chlorpyiifos) have been found to persist in
the environment and cause water quality impairment in some creeks, streams, and
arroyo throughout Alameda County The NPDES permit also requires that
municipattdes implement measures to reduce discharges of copper into the San
Francisco Flay
(sing non.chemllcal controls, biological controls, and Tess tonic chemicals instead of
copper -based and organophospliate pesticides or 2-4-cl based herbicides to deal
with pest problems, whenever possible, will help reduce the impact of pesticides In
local arroyos and the San Prendsco Bay
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Definitions
The following definitions are used in this Article:
Nationat Pollutant Discharge Elimination Systam (NPDES) NPDES permit issued
by the Regional Water Quafily Control Board (RWODI3) regulates any discharge of
storm waters to receiving waters of the United States. The City is currently subject to
NPDES Permit No. A 002983' issued by order No R2-2003-0021
Best Managnment Practices (BMPs) — Practices Implemented by public agencies
and private industries to prevent or reduce water pollution.
Cailfernkl Department of Pesticide Regulations (CDPR) — CDPR, in partnership with
the Federal Environmental Protection Agency (EPA) and the County Department of
Agriculture, oversees all issues regarding the registration. licensing and enforcement
of laws and regulations pertaining to pesticides and its epplicatons.
Adjacent - For the purpose of thls Policy. adjacent shall mean the area of flow, and
the banks of the ditch, creak or arroyo,
Pesticides - Defined in Section 12753 of the California Food and AgrticuiturSJ Code
as any spray adjuvant, Dr any substance, or mixture of substances, intended to be
used for defoliating punts, regulating plant grOV441, cr for preventing, destroying,
repeliinQ, or mitigating any peat, as defined in Semen 12754 5 (of the Food and
Agricultural Code), which may infest or be detrimental to vegetation, man, animals,
or households, or be present in any agricultural or nonagricultural environment
Whatsoever. The term pesticide applies to herbicides, intledticides, furigiOldea,
rodenticides and other substance used to control pests. Anti-rnicrobial agents are
riot incUded in this definition of pesticides
integrated Pest Management (f - 1PM is the strategic approach that focuses on
long-term prevention of pests end the mulling damage from reaching unacceptable
levels by selecting and applying the most appropriate combinaticn of available pest
control methods. These Include cultural, mechanical, biological and chemical
technologies that are implemented for a given *its end pest situation in ways that
minimize economic, health and environmental risks.
Enwronmentai Stewardship - The stratogic approach to pest management in which
IPM practitioners focus on preserving the natural integlrity end health of the
environment, including public safety, while reC mmerlding or applying pest
management methods, Environmental Stewardship philosophy helps to create
awareness of the BMPs (Best Management Prue) and their releticnship to
melataining s healthy environment while conducting past management ecti'itie a
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8fological control - The use of biological. technologies to manage unwanted pests,
Examples of this type of control include, but would not be ifmlted to, the use of
pheromone traps or beneficial insect release for control of certain types of weeds or
invasive insects in Landscapes.
Cultural control - The use of IPM control methods, such as grazing, re -vegetation,
disking, mulching, proper frrlgatlon, seeding. and landscaping, with competitive or
tolerant apeclee to manage unwanted weds, rodents or plant diseases,
ll+irec Merricaf controls - lvlechanioal controls include the usG of IPIVI control methods
utilizing hand Tabor or equipment such as mowers, graders, weed -eaters, and
chainsaws. Other examples of mechanical controls include screens cn windows and
doors. sticky barriers, vacuuming, crack and crevice sealants and closing small
entryways (i.e., around pipes and conduits) into buildings for insect and rodent
menegernent,
Pest Cortlro? Acivisor (PCA) - an individual licensed by the California Department of
Pesticide Regula#Ions according to Title 3, Article 5 of the Lalitamia Code of
Regulations_ A licensed PCA, who is registered with the County Agricultural
Commissioner! provides written peat control recommendations far agricultural pest
management, including parks, cemeteries, and rights -of -way.
Qualified Applicators License (QAL) - a licensed applicator according to 'Floe 3,
Article 3 of the California Cade of F3egulat ons. This license allows supervision of
applications that may include residential, industrial. institutional, landscape, or rights -
of -way sites,
Qualified Applicators Certificate {QACJ - a certificate given to applicators gnat pass a
test giver~ by DPR, This certificate alloys supervision of applications that may
include residential, Industrial, landscape, or rights -of -way sites.
Structural Pest Conlin[ Operafor (SPCD- Breach 1, 11 or 11) - A licensed applicator of
post control within buildings and homes according Ito the requirements of the
Structural Pest Control Board of the California Department of Consumer Affairs,
Prevention
The City of Dublin shall Institute practices that reduce pesticide usage and result
in the purchase of fewer pesticides whenever practicable and cost-effective. but
without compromising safety, workplace quality or quality of service,
The first and nxxst important part of any pest control plan [s preventing the cond[#Jons
that Arad pests and result Ina pest conlrvl problem. All City employees should
remember to implement the following housekeeping practioes in their workstations,
vehicles, break -rooms. etc,. In order to prevent the conditions that result in providing
a food source and habitat that attract pests:
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1) Keep woricstafionslofflces Free of food scraps. Dispose of food wastes in a
garbage container, which is sealed with lid.
2) Do not leave food overnight. Refrigerate all food or stare in pest -proof
containers,
) Regularly wipe and clean counter -top areas and tables where food is
prepared or consumed,
4) Keep waste starageldumpstor areas mean and free of litter and debris.
5) Report pest problems In a timely manner to City Building Maintenance,
8) Use Plants with similar water needs in designated anus to help eliminate
stress due to improper watering.
7) water landscaped areas properly and use resistant plant varieties
8) Pests are symptoms; food sources and habitat are the real problems.
•
Restricted Chemicals
City of Dublin employees and/or contractors employed by the City who are trained to
recommend or apply pesticides shall next use or promote the use of
1) Acute Toxicity Category I chemicals as identified by the Environmental
Protection Agency (EPA) unless:
(i) The use ss.judJclous.
(ii) Other approaches and techniques have bears considered
(iii)Mdverse water -quality Impa are minimized to the maximum
extent practicable.
Z) Orgenophosphate pesticides (e_g., those containing DtazInon and
chlarpyrifos)
3) Copper -based pesticides unless:
(i) The use is judicious.
(ii) Other approaches and techniques have been considered
(ii1)Adverseweter-qualfly impacts are minimized to the maximum
extent practicable.
Guidelines for Application of Pesticides
Licensed Pest Control Advisors or individuals with valid Qualified Applicators
License and/or Qualified Applicators CertNlcate will consider the options or
altematives listed below, in the fallowing ender, before recommending he use of or
applying any pesticide on any City facility'
1) No controls (e.g., tderating the peat Infestation. use of resistant plant varieties or
tUl wing rlor eel life dyke ofweade)
2) Physical or mechanical donfrols (e.g., hand labor, mowing, etc.)
3) Cultural controls (e.g,, mulching, disking, alternative vegetation)
4) Biological controls (e.g-, natural enemies or predators)
5) Reduced -risk chemise, oOntrolls (e.g., soaps or oils)
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City employees, Licensed Pest Management Contractors and other appropriately
Iicer ed contractors or individuals (QAL, QAC. SPCO) employed to oontro[ or
manage pasts will follow the Clls Integrated Pest Management Policy and utilize
generally accepted Beat Management Practices (BMPs) to the maximum extent
practicable. Pesticele Applicators will use available IPM technologies to ensure the
long-term prevonhiorl Or eeppreeekin of past problems and to minimize negative
impacts Drr the environment, nori•target organisms, and human health.
All City departments and employees will promote non -toxic and reduced -risk
eltemativea for stri tura! and lanescape pest control, seeking to use the meett
up-to-date IPM technologies and Best rvianagement Practices, The City will provide
education for City staff who may use pesticides in the scope of their work regarding
l PM practices.
New contracts entered into with pest management contractors and other
appropriately licensed contractors employed to provide servicos that involve
pesticide application at City -owned facIlhies after January 1. 2006, will include
regulromerits that the contractors follow the requirements of the Cliy's Integrated
Peat Management Policy and implement available IPM technologies end Best
Management Practices,
City of Dublin facilitiee leaseholders will be informed of the CityTe IPM Policy,
and encouraged to Use, whenever practical, available PIA technologies and
Best Management Practices.
Pesticide Application
Only properly trained ern ployop$ In accordance with the California D.P.R, or licensed
contractors employed by the City may apply pestreedes to or within City facilities. •
City employees who are not authorized a.nd trained in pesticide application are
prohibited from using any pesticides, including lover -the counter brands", in or
around the work place. Jt insects or other pests are infesting a work an, a PGA
should he contacted to assess and advise the best method to remove the pests.
City of Dublin. employees and/or contractors employed by the City who are trained to
recommend or apply pesticides will not use or promote the use of organophasphate
pesticides (e,g., those containing Diazinon and chlorpyrifos) or copper -based
pesticides unless:
1) The use is judicious.
2) Other approaches and techniques have been considered.
3) Adverse water -quality impacts are minimized to the maximum extent
practicable,
Environmental Stewardship must always be taken into consideration wberi usage of
pesticides is recommended. City employees, pest management u ntractvrs, and
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other appropriately licensed contractors eh -played by the City of Dublin will follow
guidelines set by the IPM Policy to have the least impact on water quality and the
environment.
City employees or appropriately licensed contractors employed by the City will
always mid applications of pes#Icides that directly contact water, unitise the
pesticide is registered under Federal and California law for aquatic use. Pesticides
that are not approved for aquatic use wilt not be applied to areas ImmedJately
adjacent to water bodies where through drift, drainage, or erosion, there Is a
reasonable possibility of a pesticide Wing transported into surface water.
City Employee and Peet Control Contractor Training
for PCA, QAL, QAC or Structural Pest Control Operators
(Branch I, II, end 111)
Pest Control Advisors and Applicators, pest management contractors, and other
Service Providers, servicing City -owned facilities wilt be licensed by the State of
California Department of Pesticide Regulations (DPR) as a Pest Control Advisor or
licensed Qualified Applicator City employees involved with pesticide applications as
a normal part of their job duties and peat management contractors hired by the City
will be trained as required by State of CaJtfomla DPR rules, the County Agricultural
Commissioner, andlor the Structural Pest Control Board
City Staff responsible for pest management on City facility ariil provide annual
training to all employees who apply pesticides as a normal part of their job duties on:
1. Pesticide Safety,
2. The Uty's IF'M Policy, and
3. Appropriate Best Management Practices (BMPs) and Integrated Pest
Management (IPM) Technologies supported by the Alameda Countywide
Clean Water Program (ACCWP).
!Education and Outreach
The City of Dublin Clean Water Program, in participation with the Alameda
Countywide Clean Water Program, will continue with its existing program to
encourage people who live, work, andoor school in Dublin tc•
1 Obtain information on IPM techniques to control pasts and minimize pesticide
use;
2. Use IPM technologies far dealing with pest problems;
3. Perform pesticide applications according to the manufacturer's instructions as
detailed on the product's label, and in accordance with all applicable State
and Local Laws and Regulations set forth to protect the environment, the
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i
public, and the applicator; and properly dispose of unused pesticides and
their containers_
Reporting Requirements
Each City department which uses pesticides, pest management contractors, or other
appropriately licensed contractors employes by the City to provide services that
involve pesticide application will submit an Mutual Pesticide Use Nummm sry Re
for each service site, which details the product name, pesticide type (i.e. Pyrethoid,
Carbamate, argenopho r hate, etc.) along willh the total quantity of each pesticide
used during the prior Fiscal Tear (July 1st to Julie 313111) In order to provide an
accounting of pesticide use at City -weed facilities. Annual Pesticide Use
$ummary Reports shall be subn Jjted by July 1Q' of each year to the NPDES
Coordinator. This information is reported es part of the •it s NPDES Stnrmwater
PermltArnnual Report.
Each City department that applies pesticides will conduct an Annual Inventory by
July Wu' of each fiscal year Each City department subject to this requirement will
complete an A ual Inventory F eoor't Form viich lists the product name,
pesticide type (i.e. Pyrethoid, Carbamate, arganophosphate, etc.) and the quantity
on hand, as well as identify pesticides that are no longer legal or appropriate for
applications per Federal, State, County. or City requirements. Annual Inventory
ports shall rye submitted by *IttIY 1t#e' of each Yor to the NPDIwS
Coordinator. This inforr ratirn is reported as part of the Dhy's NPDES Storrnwater
Permit Annual Report.
Annual Inventory Report Forme and Annual Pesticide USe Summary Report Forms
are attached to this policy. Additional Forms may be obtained by contacting the
NPDES Coordinator in the Public Works Department at 02 33--6630
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Attachment B: IPM Practices
The following provides a brief explanation of the different types of controls used when
following an integrated pest management strategy. Specific controls will be pest specific and
need to be developed on a case -by -case basis.
A. Cultural Controls and Sanitation are practices that reduce pest establishment,
reproduction, dispersal, and survival. For example, plant resistance to pests can often be
maximized by paying close attention to soil conditions and irrigation, and changing
irrigation practices can reduce pest problems, since too much water can increase root
disease and weeds. Sealing up food, providing proper waste storage and disposal, and
educating people on good housekeeping practices are examples of cultural controls that
can prevent or minimize pest problems inside or outside buildings.
B. Physical and Mechanical Controls can make the environment unsuitable for pest
survival. Traps for rodents are examples of mechanical control. Physical controls include
mulching, mowing or hoeing for weed management. Fly screens and hand removal of
pests are other examples of physical controls.
C. Biological Control is the use of natural enemies such as predators, parasites, pathogens
and competitors to control pests and their damage. Invertebrates, plant pathogens,
nematodes, weeds and vertebrates often have natural enemies that can serve this
function. Examples of natural enemies on pest populations include lacewings, ladybugs,
predatory mites, and parasitoid wasps. These natural enemies can be mistaken for
pests, which is why it is essential to positively identify the target "pest" before taking
action. Conservation of vegetation to support beneficial insects is another example of a
biological control.
D. Chemical Treatments with pesticides can be necessary if established threshold levels
have been so severely exceeded that other methods are ineffective. Precise
recommendations or actions to achieve specific results (i.e., controlling the pest
population to a manageable level) is an essential part of an IPM Program. Specific
pesticide recommendations are provided by a Pest Control Advisor (PCA) and least toxic
options targeting the specific pest only are preferred. Using baits and traps rather than
sprays should be tried first.
29
Attachment 3
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ADVANCED INTEGRAGED PEST MANAGEMENET
THIS AGREEMENT for pest control management services is made by and between the City of
Dublin ("City") and Advanced Integrated Pest Control ("Contractor') (together sometimes referred to as the
"Parties") as of July 1, 2022 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2025, and Contractor shall complete the work described in Exhibit A on or
before that date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Contractor to complete the services
required by this Agreement shall not affect the City's right to terminate the Agreement, as
referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended
on a month to month basis for up to 6 months upon the written consent of the Contractor
and the City Manager, provided that: a) sufficient funds have been appropriated for such
purchase, b) the price charged by the Contractor for the provision of the serves described
in Exhibit A does not increase. None of the foregoing shall affect the City's right to
terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 jlntentionally Deleted]
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
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July 1, 2022
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currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed ($159,742)
one hundred and fifty-nine thousand, seven hundred forty two dollars, notwithstanding any contrary
indications that may be contained in Contractor's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Contractor for services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate
services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
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July 1, 2022
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Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 [Intentionally Deleted].
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 [Intentionally Deleted].
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR I5 ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
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July 1, 2022
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsuitant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
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July 1, 2022
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The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
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 excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
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July 1, 2022
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satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (Le. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.5 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
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July 1, 2022
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disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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July 1, 2022
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
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July 1, 2022
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
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July 1, 2022
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Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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July 1, 2022
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution fora violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Advanced Integrated Pest Management
Attn: Gary Fonzi
4070 Nelson Avenue, Ste. JIK
Concord, CA 94520
Any written notice to City shall be sent to:
City of Dublin
Attn: Public Works Manager
100 Civic Plaza
Dublin, CA 94568
Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Page 13 of 15
42
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A
Exhibit B
Scope of Services
Compensation Schedule & Reimbursable Expenses
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City -approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Rubric Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Page 14 of 15
43
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN
r- DocuSigned by:
CdiLt.tA, Tvitt/14
ADVANCED INTEGRATED PEST MANAGEMENT
DocuSigned by:
LfAriatiu 46016
-A 1 E-A•t8±614AJ6p C C1i4creo9.7e5A
For Linda Smith, City Manager Brian Romani, President
Attest:
DocuSigned by:
rt
�1anAtt /0
95,57 TL•I`* .:W-411A
Marsha Moore, City Clerk
Approved as to Form:
DotuSigned by:
`�-a ur7EnCR453
City AtsBtorney
30703 65l
Contractor's D1R Registration Number
(if applicable)
Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Page 15 of 15
44
EXHIBIT A
SCOPE OF SERVICES
Contractor shall treat and/or provide for an environment that is free from, but not limited to, the following
pests:
1. Spiders, cockroaches, and beetles
2. Crickets and grasshoppers
3. Ants (all species), earwigs, sow bugs, and silverfish
4. Fleas and other biting insects
5. Wasps, hornets and other stinging insects nesting in the interior or exterior, up to a maximum
height of two (2) stories
6. Mice, rats, and other rodents
Pest control services shall be performed at all City facilities, as listed in Exhibit B.
All Contractor personnel shall wear a uniform with proper identification whenever working in or around any
City facility. Contractor personnel shall schedule all visits prior to providing services with the Public Works
Manager or designee, and Contractor personnel shall check in with City staff before performing services to
receive an update on any issues that may have come up since the last routine service.
The Contractor personnel must perform a thorough inspection during routine service. Contractor personnel
shall provide the City with an electronic copy of the inspection report within one week of service in order to
report any issues that may be addressed by the City prior to the next scheduled service (i.e. trim vegetation
away from building, install door sweeps, etc.).
Complaints and service requests between routine services must be addressed within 24 hours after
notification and will be at no additional cost to the City.
All pest control services shall be performed in accordance with Federal, State and Local rules and
regulations. Any and all chemicals used during the service must be approved for its intended use and
applied in a manner consistent with the regulations established by the State of California Department of
Pesticide Regulation and consistent with Federal and Cal OSHA standards.
Contactor shall establish and submit to the Public Works Manager a schedule of services to be performed
at each facility. Each facility shall be serviced monthly, unless noted otherwise.
This Agreement will allow for additional facilities to be added to the list in Exhibit B as determined by the
Public Works Manager, or their designee. In addition, Public Works Manager, or their designee, may
approve, in writing, additional work for unforeseen services on top of items approved in this Agreement.
Services Agreement between July 1, 2022
City of Dublin and Advanced Integrated Pest Management Exhibit A — Page 1 of 1
45
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Site #
Facility
Floors
Interior
Building
Exterior
Building
Frequency
Total
Monthly
Rate
Total
Annual
Rate
1
City Hall
100 Civic Plaza
2
X
X
Monthly
$105
$1,260
2
Library
200 Civic Plaza
1
X
X
Monthly
$75
$900
3
Public Safety Complex
6363 Clark Avenue
1
X
X
Monthly
$105
$1,260
4
Shannon Center
11600 Shannon Avenue
1
X
X
Monthly
$75
$900
5
Senior Center
7600 Amador Valley
Rnrilminrrl
1
X
X
Monthly
$75
$900
6
Heritage Park & Museum
(Old St. Raymond Church &
Schoolhouse)
6600 Donlon Wav
1
X
X
Monthly
$70
$840
7
Historic Park (Kolb House)
6600 Donlon Way
1
X
X
Monthly
$60
$720
8
The WAVE
4201 Central Parkway
1
X
X
Monthly
$125
$1,500
City Corporation Yard
5709 Scarlet Court
1
X
X
Monthly
$75
$900
10
Fire Station 16
7494 Donohue Drive
1
X
X
Monthly
$60
$720
11
Fire Station 17
6700 Madigan Drive
1
X
X
Monthly
$60
$720
12
Fire Station 18
4800 Fallon Road
1
X
X
Monthly
$60
$720
The following sites/locations are located in the Cam a Parks RFTA
150
Warehouse
2
X
Upon
Reauest
$40
$480
162
Warehouse
1
X
Upon
Request
$40
$480
Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Exhibit B — Page 1 of 4
46
171
Warehouse
1
X
Upon
Request
$40
$480
275
Visitor Center
1
X
X
Weekly
$25
$300
277
Guard Shack
1
X
X
Weekly
$25
$300
278
Guard Shack
1
X
X
Weekly
$25
$300
282
Guard Shack
1
X
X
Weekly
$25
$300
300
Administrative
2
X
X
Monthly
$50
$600
301
Administrative
2
X
X
Monthly
$50
$600
302
Administrative
2
X
X
Monthly
$50
$600
303
Fitness Center
2
X
X
Weekly
$50
$600
304
Administrative
2
X
X
Monthly
$50
$600
306
Administrative
2
X
X
Monthly
$50
$600
309
Storage
1
X
Monthly
$40
$480
310
Administrative
2
X
Monthly
$50
$600
311
Administrative
1
X
X
Weekly
$50
$600
312
Administrative
1
X
X
Weekly
$50
$600
313
Warehouse
1
X
Monthly
$40
$480
320
Administrative
2
X
Monthly
$50
$600
321
Administrative
2
X
Monthly
$50
$600
330
Administrative
2
X
Upon
Request
$50
$600
332
Dining Facility
3
X
X
Weekly
$100
$1200
334
Warehouse
1
X
Monthly
$40
$480
342
Storage
1
X
Monthly
$40
$480
350
Administrative
1
X
X
Weekly
$50
$600
360
Barracks
2
X
X
Weekly
$50
$600
361
Barracks
2
X
X
Weekly
$50
$600
362
Barracks
2
X
X
Weekly
$50
$600
363
Barracks
2
X
X
Weekly
$50
$600
364
Barracks
2
X
X
Weekly
$50
$600
373
Administrative
2
X
X
Weekly
$50
$600
Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Exhibit B — Page 2 of 4
47
387
Container Storage
1
X
Upon
RPellIPCt
$50
$600
388
Container Storage
1
X
Upon
Request
$30
$360
389
Container Storage
1
X
Upon
Request
$30
$360
390
Barracks
2
X
X
Monthly
$30
$360
391
Barracks
2
X
X
Monthly
$50
$600
392
Barracks
2
X
X
Monthly
$50
$600
393
Barracks
2
X
X
Monthly
$50
$600
394
Barracks
2
X
X
Monthly
$50
$600
398
Laundry Facility
1
X
X
Weekly
$50
$600
490
Vehicle Maintenance
1
X
X
Weekly
$40
$480
494
Warehouse
1
X
X
Weekfy
$40
$480
495
AdminlStorage
1
X
Upon Request
$50
$600
510
Administrative
2
X
X
Weekly
$50
$600
511
Storage
1
X
Upon
Request
$40
$480
512
Storage
1
X
Monthly
$40
$480
514
Administrative
1
X
X
Weekly
$50
$600
515
Storage
1
X
Monthly
$40
$480
516
Vehicle Maintenance
1
X
Monthly
$40
$480
517
Administration
2
X
X
Weekly
$50
$600
521
AdministrationlRally
1
X
X
Weekly
$50
$600
522
Storage
1
X
Upon
Request
$40
$480
610
Administrative
1
X
X
Weekly
$50
$600
612
Storage
1
X
Upon
Request
$40
$480
620
Administrative
1
X
X
Weekly
$50
$600
628
Admin/Toilet
1
X
Upn
Request
$50
$600
635
NEC Node
1
X
Upon Request
$40
$480
650
Administrative
2
X
X
Monthly
$50
$600
Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Exhibit B — Page 3 of 4
48
659
Administrative
3
X
X
Weekly
$50
$600
665
Admin/Storage
1
X
X
Monthly
$50
$600
677
Administrative
1
X
X
Monthly
$50
$600
685
Warehouse/Storage
1
X
X
Monthly
$50
$600
791
Admin/Shops
1
X
X
Weekly 1
$40
$480
1192
Access Control
1
X
Upon
Ppni ipct
$50
$600
1195
Range OPS/Storage
1
X
Upon
Request
$50
$600
1206
Administrative
1
X
Upon
parmoct
$50
$600
1209
Administrative
1
X
Upon
Request
$50
$600
1211
Administrative
1
X
Upon
Request
$50
$600
0396A
Baseball Dugout (R)
1
X
Upon
Request
$25
$300
0396B
Baseball Dugout (L)
1
X
Upon
Reauest
$25
$300
J1210
Administrative
1
X
Upon Request
$50
$600
MISC
Curbs
1
X
Bimonthly
$25
$300
MISC
Gravel Areas
1
X
Bimonthly
$25
$300
REST
Administrative
1
X
Upon
Reauest
$50
$640
R396C
Baseball (Booth)
1
X
Upon
Request
$25
$300
TR490
Showers
1
X
Upon
Request
$25
$300
Agreement will allow for additional facilities to be added to the above list and approved by the Public Works
Manager. In addition, the Public Works Manager may approve additional unforeseen services on top of items
approved in this Agreement.
Year t
Year 2
Year 3
Total
City Facilities
$11,340
$11,680
$12,031
$35,051
Camp Parks — RFTA
$38,400
$39,552
$40,739
$118,691
Contingency
$2,000
$2,000
$2,000
$6,000
Totals
$51,740
$53,232
$54,770
$159,742
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as
work is completed.
Services Agreement between
July 1, 2022
City of Dublin and Advanced Integrated Pest Management Exhibit B — Page 4 of 4
49