HomeMy WebLinkAbout4.2 Amendment to the Agreement with Advance Integrated Pest Management for Pest Control ServicesSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.2
DATE:September 7, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Amendment to the Agreement with Advanced Integrated Pest Managementfor Pest Control ServicesPrepared by:Dean McDonald, Public Works Maintenance Superintendent
EXECUTIVE SUMMARY:The City Council will consider amending the agreement with Advanced Integrated Pest Management to provide increased pest control services on Parks Reserve Forces Training Areathrough the City’s Intergovernmental Support Agreement with the U.S. Army.
STAFF RECOMMENDATION:Adopt the Resolution Approving an Amendment to the Agreement with Advanced Integrated Pest Management for Pest Control Services.
FINANCIAL IMPACT:Approval of the amendment to the agreement for pest control services will have no impact on the General Fund. The amendment will increase the not-to-exceed compensation for services by $11,273, from $141,727 to $153,000. The increase in expenditures will be offset by reimbursement for these services from the U.S. Army in accordance with the Intergovernmental Support Agreement for Municipal Services (IGSA). The IGSA also includes a provision for the City to charge a fee to cover the City’s administrative costs in managing these services.
DESCRIPTION:On December 3, 2019, the City Council adopted Resolution 129-19, authorizing the Intergovernmental Support Agreement (IGSA) with the U.S. Army Garrison Fort Hunter Liggett for municipal services. The IGSA provides for the partnership between the City of Dublin and the U.S. Army whereby the City provides janitorial, pest control, and waste management services on Parks Reserve Forces Training Area (Camp Parks) and the U.S. Army reimburses the City for these services, including an administrative fee to cover the costs of City oversight and management of service vendors. On January 14, 2020, the City Council adopted Resolution 03-20 approving an amendment to the agreement with Advanced Integrated Pest Management to add pest control
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services at Camp Parks and increase the total compensation payable under the agreement.Camp Parks requested additional pest control services, including rodent control due to an increase in ground squirrels. The additional services require an increase of $11,273 to the compensation limit, bringing the total not-to-exceed compensation limit to $153,000. The proposed amendment to the agreement incorporates the compensation as well as minor revisions that incorporate updated language pertaining to the vendor as an independent contractor and to allow for electronic and digital signatures in accordance with applicable laws.
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 Services2) Exhibit A to the Resolution – Amendment 3 to the Agreement with Advanced Integrated Pest Management3) Agreement Between City of Dublin and Advanced Integrated Pest Management4) Amendment 1 to the Agreement with Advanced Integrated Pest Management5) Amendment 2 to the Agreement with Advanced Integrated Pest Management
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1
RESOLUTION NO. XX – 21
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 3, 2019, the City of Dublin and the U.S. ARMY (hereinafter
referred to as “Army”) entered into an Intergovernmental Support Agreement (hereinafter
referred to as the “IGSA”) for Municipal Services, which includes pest control services; and
WHEREAS,on January 14, 2020, the City Council of the City of Dublin amended the
agreement with Advanced Integrated Pest Management to include IGSA pest control services at
facilities on Parks Reserve Forces Training Area; and
WHEREAS, the Army recently requested that the City provide additional pest control
services on Parks Reserve Forces Training Area; and
WHEREAS, the City and Advanced Integrated Pest Management wish to amend their
agreement to include the additional pest control services requested by the Army.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Amendment 3 to the Contract Services Agreement with Advanced Integrated
Pest Management, as attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment, and make any non-substantive amendments, as necessary, to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of September 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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AMENDMENT #3 TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
ADVANCED INTEGRATED PEST MANAGEMENT
WHEREAS, on July 1, 2019, the City of Dublin (hereinafter referred to as "CITY")
and Advanced Integrated Pest Management (hereinafter referred to as "CONTRACTOR")
entered into a Contractor Services Agreement for pest control services (hereinafter referred to
as the “AGREEMENT”); and
WHEREAS, on November 12, 2019 the Parties entered into Amendment 1 to
increase the Not to Exceed amount to $40,020, and
WHEREAS, on January 14, 2020 the Parties entered into Amendment 2 to
increase the Not to Exceed amount to $141,727, and
WHEREAS, the existing AGREEMENT has a Not to Exceed amount of $141,727,
and
WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement
to increase the Not to Exceed amount to $153,000 and modify Sections 26.1
DQG of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which
is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2 shall be rescinded in its entirety and replaced with the following:
COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed ONE
HUNDRED FIFTY-THREE THOUSAND DOLLARS ($153,000), notwithstanding any
contrary indications that may be contained in Contractor’s proposal, for services to be
performed 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 the City to Contractor for services rendered pursuant to
this agreement. Contractor shall submit all invoices to the City in the manner specified
herein. Except as specifically authorized by City, 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 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
Attachment 2
Exhibit A to the Resolution
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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) Section 6.1 shall be rescinded in its entirety and replaced with the following:
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.
3) Section 10.10 shall be rescinded in its entirety and replaced with the following:
Integration. This Agreement, including the compensation schedule attached hereto
and incorporated herein as Exhibits A, B-Revised and C, represents the entire and
integrated agreement between City and Contractor and supersedes all prior
negotiations, representations, or agreements, either written or oral.
4) Section 10.11 shall be rescinded in its entirety and replaced with the following:
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.
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5) Except to the extent inconsistent with this Third Amendment, the Parties ratify and
confirm all the terms and conditions of the AGREEMENT.
6) The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions of this Amendment.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN ADVANCED INTEGRATED PEST MANAGEMENT
By: _____________________________ By: ________________________________
Linda Smith, City Manager Gary Fonzi, Commercial Account Manager
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
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EXHIBIT B-REVISED
Compensation Schedule
City Facilities
Site# Facility Floors Interior
Building
Exterior
Building Frequency
Total
Monthly
Rate
Total
Annual
Rate
1 City Hall
100 Civic Plaza 2 X X Monthly $109 $1,308
2 Library
200 Civic Plaza 1 X X Monthly $78 $936
3 Public Safety Complex
6363 Clark Avenue 1 X X Monthly $109 $1,308
4 Shannon Center
11600 Shannon Avenue 1 X X Monthly $78 $936
5
Senior Center
7600 Amador Valley
Boulevard
1 X X Monthly $78 $936
6
Heritage Park & Museum
(Old St. Raymond Church
& Schoolhouse)
6600 Donlon Way
1 X X Monthly $73 $876
7 Historic Park (Kolb House)
6600 Donlon Way 1 X X Monthly $62 $744
8 The WAVE
4201 Central Parkway 1 X X Monthly $129 $1,548
9 City Corporation Yard
5709 Scarlett Court 1 X X Monthly $78 $936
10 Fire Station 16
7494 Donohue Drive 1 X X Monthly $62 $744
11 Fire Station 17
6700 Madigan Drive 1 X X Monthly $62 $744
12 Fire Station 18
4800 Fallon Road 1 X X Monthly $62 $744
City Facilities Total: $980 $11,760
Camp Parks Reserve Training Forces Area (RFTA) Facilities
Site# Facility Floors
Interior
Building
Exterior
Building Frequency
Monthly
Total
Yearly
Total
150 Warehouse 2 X Upon
Request $40 $480
162 Warehouse 1 X Upon
Request $40 $480
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
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Site# Facility Floors Interior
Building
Exterior
Building Frequency Monthly
Total
Yearly
Total
282 Guard Shack 1 X X Weekly $25 $300
300 Administrative 2 X X Monthly $25 $600
301 Administrative 2 X X Monthly $50 $600
302 Administrative 2 X X Monthly $50 $600
303 Fitness Center 2 X X Weekly $60 $720
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 $1,200
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
387 Container Storage 1 X Upon
Request $30 $360
388 Container Storage 1 X Upon
Request $30 $360
389 Container Storage 1 X Upon
Request $30 $360
390 Barracks 2 X X Monthly $50 $600
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 Weekly $40 $480
495 Admin/Storage 1 X Upon
Request $50 $600
510 Administrative 2 X X Weekly $50 $600
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Site# Facility Floors Interior
Building
Exterior
Building Frequency Monthly
Total
Yearly
Total
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 Administration/Rally 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 Upon
Request $50 $600
635 NEC Node 1 X Upon
Request $40 $480
650 Administrative 2 X X Monthly $50 $600
659 Administrative 3 X X Weekly $300 $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 $40 $480
1192 Access Control 1 X Upon
Request $50 $600
1195 Range OPS/Storage 1 X Upon
Request $50 $600
1206 Administrative 1 X Upon
Request $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
Request $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
R0EST Administrative 1 X Upon
Request $480 $600
R396C Baseball (Booth) 1 X Upon
Request $25 $300
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Site#Facility Floors Interior
Building
Exterior
Building Frequency Monthly
Total
Yearly
Total
TR490 Showers 1 X Upon
Request $25 $300
MISC Various (Ground
Squirrels) 1 X Monthly $700 $8,400
Camp Parks RFTA Total $4,080 $48,960
Please note, reimbursable expenses are built into rates as identified above.
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 – June 30). Any changes to costs shall be approved in writing by the Public Works
Maintenance Superintendent, or their designee. Any such annual increase shall be calculated based on
the Consumer Price Index for All Urban Consumers (CPI-U) and shall not exceed 3%.
Year 1
Actual
Year 2
Actual
Year 3
Estimate
Total
City Facilities $11,340 $11,340 $11,760 $34,440
Camp Parks RFTA $15,210 $47,875 $48,960 $112,045
Contingency $0 $0 $6,000 $6,000
Totals $26,550 $59,215 $66,720 $152,485
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed.
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Attachment 3
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29
30
31
32
33
34
35
36
37
38
39
40
41
42
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AMENDMENT #{ TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
ADVANCED INTEGRATED PEST MANAGEMENT
WHEREAS, on July'1, 2019, the City of Dublin (hereinafter referred to as "C|TY')
and Advanced lntegrated Pest Management (hereinafter referred to as "CoNTRACTOR')
entered into a Contractor Services Agreement for pest control services (hereinafter referred to as
the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT has a Not to Exceed amount of
$38,220.00, and
WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement to
increase the Not to Exceed amount to $40'O2O.OO, modifying Sections 2 and 10'10 of the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which
is hereby acknowledged, the AGREEMENT is amended as follows:
1)Section 2
following:
COMPENSATIO N. shall be rescinded in its entire ty and replaced with the
ooMPENSATION. City hereby agrees to pay contractor a sum not to exceed (FORTY
THOUSAND TWENTY DOLLARS) ($40,020.00), notwithstanding any contrary indications
that may be contained in contractor's proposal, for services to be performed under this
Agreement. ln the event of a conflict between this Agreement and contractor's proposal,
aitached 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 the city to contractor for services rendered pursuant to this agreement. contractor
shall submit all invoices to the City in the manner specified herein. Except as specifically
authorized by City, 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 costs of providing the Services required
hereunder'includingsalariesandbenefitsofemployeesandsubcontractorSofContractor.
Consequently, the parties further agree that compensation hereunder is intended to
includethecostsofcontributionstoanypensionsand/orannuitiestowhichContractor
and its employees, agents, and subcontractors may be eligible' City therefore has no
responsibilityforsuchcontributionSbeyondcompenSationrequiredunderthisAgreement'
section 10.10 lnteqration shall be rescinded in its entirety and replaced with the
following:
2)
Attachment 4
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3)
lnteqration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B-Revised and C, represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all the terms and conditions of the AGREEMENT.
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 FOLLOWING PAGE
4)
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IN WTNESS WHEREOF, the parties hereto have caused this First Amendment to be executed
as of the date and year first above written.
CITY OF DUBLIN
Dated: ll l7
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
ADVANCED INTEGRATED PEST
Dated:9-3:-rQ By:{o/- BUlt6 f)crrA+rt
ni, President
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EXHIBIT B.REVISED
Compensation Schedule
City Facilities
Please note, reimbursable expenses are built into rates as identified above. 14{-
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 - June 30). Any changes to costs shall be approved in writing by the Public Works
Maintenance Superintendent, or their designee. Any such annual increase shall be calculated based on
the Bay Area Consumer lndex Rate (CPt) and shall not exceed 37o.
Year 1 Year 2 Year 3 Total
Base Bid $11,340 $11,340 $11,340 $34.020
Contingency $2,000 $2,000 $2,000 $6,000
Totals $13,340 $13.340 $13,340 $40,020
lnvoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed.
Site#Facility Floors !nterior
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
1 1600 Shannon Avenue 1 X X Monthly $75 $e00
5
Senior Center
7600 Amador Valley
Boulevard
1 X X Monthly $75 $900
6
Heritage Park & Museum
(Old St. Raymond Church
& Schoolhouse)
6600 Donlon Way
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
9 City Corporation Yard
5709 Scarlett Court 1 X Monthly $75 $900
10 Fire Station 16
7494 Donohue Drive 1 X X Monthly $60 $720
11
Fire Station 17
6700 tiladigan Drive 1 X X tt/onthly $60 $720
12 Fire Station 18
4800 Fallon Road 1 X X Monthly $60 $720
TOTAL:$895 $11,340
X
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Attachment 5
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53
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