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Home My WebLink About4.2 Amendment to the Agreement with Advance Integrated Pest Management for Pest Control ServicesSTAFF REPORT CITY COUNCIL Page 1 of 2 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 17 Page 2 of 2 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 18 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 19 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 20 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. 21 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 22 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 23 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 24 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 25 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 26 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. 27 Attachment 3 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 44 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) 45 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 46 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 47 Attachment 5 48 49 50 51 52 53 54