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STAFF REPORT
PALM DESERT HOUSING AUTHORITY
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: February 13, 2020
PREPARED BY: Jessica Gonzales, Senior Management Analy 'Fill",
REQUEST: Approval of an extension to Contract No. HA36900 with Exclusive Pest
Control Services, Inc. for Pest Control and Extermination Services at the
Palm Desert Housing Authority properties in a total annual amount not
to exceed $81,900.
Recommendation
By Minute Motion, that the Authority Board,
1) Approve an extension to Contract No. HA36900 with Exclusive Pest Control
Services, Inc. ("Exclusive") for Pest Control and Extermination Services at the
Palm Desert Housing Authority ("Authority") properties for a period of thirty six
(36) months in the total annual amount not to exceed $81,900 (includes annual
contract services cost in the amount of $51,900 and up to $30,000 for
additional services to be requested as needed); and
2) Authorize RPM Company ("RPM"), the Authority's contracted management
company, to enter into a contract with Exclusive for Pest Control and
Extermination Services; and
3) Authorize RPM to assign additional services as determined to be necessary
due to emergency actions and/or proactively responding to issues at the
Authority properties; including expenditures up to $30,000 for such additional
services; and
4) Authorize the Chairman or Executive Director or the Director of Community
Development to take all necessary actions to facilitate the contract and
services, including execution of the extension and related documents.
Monies are available in the Authority's operating budget, in the appropriate Authority
accounts for each property.
Housinq Commission Recommendation
The Housing Commission will review this recommendation at its regular meeting of
February 5, 2020. Upon request, a verbal report will be provided at the Authority's regular
meeting of February 13, 2020.
February 13, 2020 — STAFF REPORT
Authority — Extension to Contract No. HA36900 with Exclusive Pest Control
Page 2 of 3
Strateqic Plan
This request does not apply to a specific strategic plan goal.
Background Analvsis
On April 12, 2018, the Authority approved a contract with Exclusive for the purpose of
providing routine interior and exterior pest control and extermination services (the
"Services") for residential rental Authority Properties for a two-year period (May 1, 2018 —
May 30, 2020). The contract allows the parties to extend the term of the contract for an
additional three (3) one-year extensions.
In order to maintain continuity in the quality of Services that exists currently, staff consulted
with legal counsel on the option to extend the contract for the remaining three (3) year
extensions available per the contract. After further review of the existing contract, it was
confirmed by legal counsel that it allows the parties to agree in writing to extend the term as
desired. Being that Exclusive has been performing satisfactorily under its current contract
obligations, staff is requesting to extend the contract for the three (3) additional years.
This request will extend Exclusive's contract for Services at the Authority properties
beginning June 1, 2020 through June 30, 2023. The current contract fee for monthly routine
services will remain the same with no increase for the extended contract period. The
annual cost is $51,900 for contract services plus extra work in the amount not to exceed
$30,000.
Staff is requesting an additional $30,000 to provide additional services on an as needed
basis which would include services such as the treatment of bed bugs, fleas, termites, bees,
wildlife, etc. Hence, the contract services will vary and so will the contract amount
depending on the actual additional services.
RPM Company is authorized to enter into agreements as necessary to provide certain
services to the Properties. The type of services being requested require day-to-day
responses, so staff is recommending that the Authority Board authorize RPM Company to
enter into the contract with Exclusive and to authorize additional services as determined to
be necessary due to emergency actions and/or to proactively respond to issues at the
Authority properties.
Staff has reviewed the proposal from Exclusive to enter into a renewal contract for
continued Services and finds it acceptable and reflects that the same level of performance
and quality Services will be provided. Therefore, staff recommends that the Authority Board
approve this request and related actions.
February 13, 2020 — STAFF REPORT
Authority — Extension to Contract No. HA36900 with Exclusive Pest Control
Page 3 of 3
Fiscal Analvsis
The fiscal impact to the Authority for the contract extension period is the cost of the total
estimated annual contract itself based on the monthly routine interior and exterior pest
control services and any additional services, as needed at the discretion of the Authority in
the total annual amount not to exceed $81,900.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW
Ryan Stendell
Robe W. Hargreaves Director of Community `Janet Moore
City Attorney Development Director of Finance
ll.
/ � 1
City Manager, Lauri Aylaian:
ASSISTANT CITY
MANAGER
� �Ar;
y Firestine
istant City Manager
CONTRACTOR: Exclusive Pest Control Services
44-815 San Jose Avenue
Palm Desert, CA 92260
ATTACHMENTS: Exclusive Pest Control Service, Inc. Extension Proposal Letter (Dated .January 23, 2020)
Draft Extension Agreement
CONTRACT NO. RA36901
ED
January 23, 2020
To: RPM Company / Palm Desert Housing Authority
Regarding: 3 Year Extension of the Pest Control Contract
Contract # HA36900
This letter is to state agreeance to extend the Pest Control Contract with RPM Company and the
Palm Desert Housing Authority to: 3 additional 1 year extension, or a 3 year extension at the initial
agreed upon rate for monthly and weekly pest control service (agreed rate $51,900 annually); plus
any additional needed pest control service(s) to be billed accordingly.
Thank you for trusting Exclusive Pest Control Services to take care of all your pest control needs.
It has been our absolute pleasure to service the beautiful properties of Palm Desert Housing
Authority. Our all-inclusive approach in pest control services ensure quality, proven tailor-made
methods, eco-friendly products, work ethic, and proven results. Thus, providing peace of mind and a
healthy environment for all staff, tenants and guests at all properties.
Best Regards,
Victor G. Peloquin
Signature: Date:I
V
Victor Peloquin, Owner/Operator for Exclusive Pest Control Services
License # OPR12515
44815 San Jose Avenue; Palm Desert, Ca 92260
Mobile: 760.449.0379
DRAFT FOR DISCUSSION CONTRACT NO. HA36900
PALM DESERT HOUSING AUTHORITY
EXTENSION TO
EXCLUSIVE PEST CONTROL SERVICES, INC.
PEST CONTROL AND EXTERMINATION SERVICES
CONTRACT
CONTRACT No. HA36900
This FIRST EXTENSION ("Extension") to the Exclusive Pest Control Services, Inc. Pest
Control and Extermination Services Contract No. HA36900 is made as of June 1, 2020,
("Effective Date") by and between the PALM DESERT HOUSING AUTHORITY, a
public body, corporate and politic having a principal place of business at 73-510 Fred
Waring Drive, Palm Desert, California, (the "Authority") and EXCLUSIVE PEST
CONTROL SERVICES, INC., a corporation, having a principal place of business at 44-
815 San Jose Avenue, Palm Desert, California 92260 (the "Contractor"). The Authority
and the Contractor may be referred to herein individually as a "Party" and collectively as
the "Parties."
RECITALS
A. The Authority is a public body, corporate and politic.
B. The Contractor is engaged in the business of Pest Control and
Extermination Services, and has represented to the Authority that the Contractor is
experienced and competent in said business.
C. The Authority and Consultant desire to enter into this Extension to the
Agreement.
D. The Parties entered into that certain Pest Control and Extermination
Services Contract No. HA36900, by and between Palm Desert Housing Authority and
Exclusive Pest Control Services, Inc., dated April 12, 2018 ("Contract").
NOW, THEREFORE, the Parties agree to amend the Contract as follows:
1. Term. The parties agree that the term ("Term") of the Contract shall be extended,
for an additional thirty six (36) month term beginning June 1, 2020, and ending June 30,
2023 or to such later date as may be agreed in writing between parties. The Contract
allows for an option of an extension based on Contractor's performance and mutual
agreement, this Extension is the first Contract extension. Any additional extensions will
be contemplated based on performance.
2. Compensation. Compensation shall be paid on an on call basis for actual work
performed and shall not exceed Eighty -One Thousand, Nine Hundred Dollars and
Zero Cents ($81,900) annually, including any related fees associated with the repairs
performed.
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DRAFT FOR DISCUSSION
CONTRACT NO. HA36900
3. Schedule of Charges. For furnishing services, as specified in the Contract, the
Authority will pay and Contractor shall receive in full compensation, for all Work rendered
under the Contract at the rates as stated and set forth in Exhibit "A" to this Extension of
the Contract which is attached hereto and incorporated herein by reference.
All other terms of the Contract to remain unchanged and in full force and effect.
IN WITNESS THEREOF, the Parties have executed this first Extension on the date
first above written.
CONTRACTOR:
AUTHORITY:
EXCLUSIVE PEST CONTROL SERVICES, PALM DESERT HOUSING AUTHORITY,
INC., a public body, corporate and politic
a corporation
-32
Name and Title
Name and Title
Contractor's License Number and
Classification
DIR Registration Number
In
Gina Nestande, Chairman
ATTEST:
In
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM:
Robert W Hargraves, City Attorney
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DRAFT FOR DISCUSSION
CONTRACT NO. HA36900
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
) SS.
County of Riverside )
On , 20_ before me, , a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that dnrumPnt.
State of California )
) SS.
County of Riverside )
On , 20 before me, , a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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DRAFT FOR DISCUSSION
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
CONTRACT NO. HA36900
THAT WHEREAS, the PALM DESERT HOUSING AUTHORITY (sometimes referred to
hereinafter as "OBLIGEE") has awarded to EXCLUSIVE PEST CONTROL SERVICES, INC.,
(hereinafter designated as "CONTRACTOR"), an extension agreement dated FEBRUARY 13,
2020, and described as follows: PALM DESERT HOUSING AUTHORITY EXCLUSIVE PEST
CONTROL SERVICES, INC., PEST CONTROL AND EXTERMINATION SERVICES
CONTRACT, CONTRACT NO. HA36900, (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract,
and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, EXCLUSIVE PEST CONTROL SERVICES, INC., the undersigned
CONTRACTOR, as Principal, and a corporation organized
and existing under the laws of the State of , and duly authorized
to transact business under the laws of the State of California, as Surety, are held and firmly
bound unto the Palm Desert Housing Authority and to any and all persons, companies or
corporations entitled to file stop payment notices under Section 9100 of the California Civil
Code, in the sum of
($ ), said sum being not less than one hundred percent (100%) of the total
amount payable by said Obligee under the terms of said Contract, for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs,
executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, or to pay any person for any
work or labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or labor, or
for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said CONTRACTOR and his or its
Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to
such work and labor as required by the provisions of Section 9100 et seq. of the Civil Code, or
for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or
Internal Revenue Service from the wages of employees of CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding
the sum specified in this bond, otherwise the above obligation shall be void. In addition to the
provisions herein above, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to serve stop payment notices under Section
9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said Contract or to the work to be performed thereunder or
the Specifications accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Specifications.
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CONTRACT NO. HA36900
No final settlement between Obligee and CONTRACTOR hereunder shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if Obligee is required to engage the services of an
attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable
attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of .20
PRINCIPAVCONTRACTOR:
(Typed Name of Contractor)
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety).
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, address and telephone no. of Surety)
(Name, address and telephone no. of agent or representative for service of process in
California, if different from above)
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DRAFT FOR DISCUSSION
CONTRACT NO. HA36900
SURETY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
) SS.
County of Riverside )
On , 20_ before me, , a Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
BBK: August 2014 - 77802.00000\24392264.1 Palm Desert Housing Authority — Exclusive Pest Control Services Inc., Pest Control and Extermination Services
DRAFT FOR DISCUSSION
CONTRACT NO. HA36900
PRINCIPAL ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
) SS.
County of Riverside )
On , 20_ before me, , a Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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DRAFT FOR DISCUSSION
PERFORMANCE BOND
CONTRACT NO. HA36900
KNOW ALL MEN BY THESE PRESENTS: That whereas the Palm Desert Housing Authority
has awarded to EXCLUSIVE PEST CONTROL SERVICES, INC. (hereinafter designated as
"Principal"), a contract for:
PALM DESERT HOUSING AUTHORITY
EXCLUSIVE PEST CONTROL SERVICES, INC.
CONTRACT NO. HA36900
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient bond for the performance of said contract,
NOW, THEREFORE, WE, the
Principal, and as Surety, are held and firmly
bound unto the Palm Desert Housing Authority, hereinafter called the Authority, in the penal
sum of ($ ), being 100%
of the contract amount in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal,
his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants and agreements in the said
contract and any alterations thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the Palm Desert Housing
Authority, the City of Palm Desert, the successor agency to the Palm Desert Redevelopment
Agency, their elected or appointed officers, agents, officials, employees and volunteers, as
therein stipulated, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alterations
or additions to the terms of the contract or to the work or the specifications.
Should it become necessary for the Authority to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding,
including attorneys' fees, shall be awarded to the prevailing party.
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Contract No. HA36900
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal and
Surety above named, on this day of , 20
SURETY
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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Contract No. HA36900
SURETY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
) SS.
County of Riverside )
On , 20� before me, , a Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
BBK: August 2014 - 77802.00000\24392264.1 Palm Desert Housing Authority — HVAC Mechanic Systems Maintenance, Repair, and Replacement Services
Contract No. HA36900
PRINCIPAL ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
) SS.
County of Riverside )
On 120 before me, , a Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
BBK: August 2014 - 77802.00000\24392264.1 Palm Desert Housing Authority — HVAC Mechanic Systems Maintenance, Repair, and Replacement Services
Contract No. HA36900
EXHIBIT "A"
SCOPE OF SERVICES
This Contract includes and hereby incorporates in full by reference the Scope of Services as
provided in the Executed Contract HA36900 dated April 12, 2018 and addenda thereto and
Exclusive Pest Control Services Letter dated January 23, 2020.
(BB&K2019) Exhibit A - 1
72500,00001\32374943 1