HomeMy WebLinkAboutHA36900 - Pest Control-Extermination Svcs at PDHA PropertiesCONTRACT NO. HA36900
STAFF REPORT
PALM DESERT HOUSING AUTHORITY
HOUSING DEPARTMENT
MEETING DATE: April 12, 2018
PREPARED BY: Jessica Gonzales, Senior Management Analy
REQUEST: Authorize the award of Contract No. HA 3690S to Exclusive Pest
Control Services for Pest Control and Extermination Services at the
Authorities properties in a total annual amount not to exceed $71,900
Recommendation
By Minute Motion, that the Authority Board,
1) Waive any and all irregularities and authorize the award of Contract No.
HA 36900 to Exclusive Pest Control Services for pest control and
extermination services for the Authority properties in a total annual amount
not to exceed $71,900 (includes annual cost in the amount of
approximately $51,900 and up to $20,000 allocated for additional services
on an as needed basis); and
2) Authorize RPM Company, the Authority's contracted management
company, to enter into a contract with Exclusive Pest Control Services for
pest control and extermination services and to authorize additional
services as needed.
Monies are available in the Authority's operating budget, in the appropriate
Authority accounts for each property.
Housing Commission Recommendation
The Housing Commission reviewed this recommendation at its regular meeting of
March 14, 2018, and unanimously recommended approval of the staff recommendation.
Strategic Plan
This request does not apply to a specific strategic plan goal.
Executive Summary
Staff requested sealed proposals for pest control and extermination services for the
Palm Desert Housing Authority's ("Authority") residential rental properties ("Properties").
Staff is recommending the award of contract to Exclusive Pest Control Services
("Exclusive"), which, after review, has been determined to be the most qualified service
provider. Exclusive will provide pest control and extermination services for a twenty-
April 12, 2018 — STAFF REPORT
Housing Authority — Exclusive Pest Control Services
Page 2 of 3
four (24) month term. At the expiration of the twenty-four months, the Authority
reserves the right to extend the contract for an additional three one-year terms based on
the performance of the service provider.
Background Analysis
A notice inviting proposals for pest control and extermination services for residential
rental Authority Properties (the "Services") was advertised in the local newspaper. A
request for proposals ("RFP") was issued to ensure the provider was the best qualified
for the needs of the Authority and was not based solely on price. Due to the
comprehensive pest management needed at each of the Properties staff used an
evaluation criteria that demonstrated which provider could best meet the scope of
services.
On Wednesday, February 13, 2018 at 2:00 p.m., proposals were opened by the City
Clerk and the following three (3) proposals were received:
Company
Dewey Services Inc.dba Dewey Pest Control
Agricultural Pest Control Services, Inc.
Exclusive Pest Control Services
Location
Thousand Palms, CA
Riverside, CA
Palm Desert, CA
Amount
Incomplete
$4,276.67
$4,325.00
Staff reviewed the proposals and initially found that there was a nominal difference on
the base proposed amount from two service providers. After a further overall review of
regular and additional services, staff determined that Exclusive included 104 more
preventative rodenticide devices in the quoted price. Therefore staff believes the most
qualified service provider and best overall value for services proposed was submitted by
Exclusive. Exclusive's submittal provides routine interior and exterior pest control
services in an annual amount of approximately $51,900.
Staff is also requesting an additional $20,000 to provide additional services on an as
needed basis that would include services such as the treatment of bed bugs, fleas,
termite, 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.
April 12, 2018 — STAFF REPORT
Housing Authority — Exclusive Pest Control Services
Page 3 of 3
Exclusive's proposal meets the qualifications for the scope of services. Staff
recommends that the Authority Board award a two (2) year contract to, Exclusive Pest
Control Services, Inc. for pest control and extermination services at the Authority
properties in a total annual amount not to exceed $71,900 (current estimated annual
amount $51,900). At the expiration of the two years, the Authority reserves the right to
extend the contract for an additional three (3) one-year term based on the performance
of Exclusive.
Fiscal Analysis
The fiscal impact of this contract 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 $71,900.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
N/A
Robert H. Hargreaves et Moore -t Moore
City Attorney Director of Finance Director of Finance
CONTRACTOR: Exclusive Pest Control Services
44-815 San Jose Avenue
Palm Desert, CA 92260
CITY MANAGER
auri Aylaian
City Manager
ATTACHMENTS: Exclusive Pest Control Services Proposal Proposed Fees (Exhibit B)
Draft Agreement
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DRAFT FOR DISCUSSION
PALM DESERT HOUSING AUTHORITY
General Service Agreement
PEST CONROL SERVICES
1. INTRODUCTION
1.1 Parties and Date. This Contract is made and entered into this 8 day of March, 2018, by and
between the Palm Desert Housing Authority ("Authority") and Exclusive Pest Control Services,
("Contractor") for Pest Control and Extermination Services for the Authority Residential Rental Properties
Contract No. HA . Authority and Contractor are sometimes individually referred to herein as
"Party" and collectively as "Parties."
1.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by
reference the following documents, including all exhibits, drawings, specifications and documents therein,
and attachments and addenda thereto:
2. AGREEMENT TO PROVIDE SERVICES
2.1 General Scope of Services. Contractor promises and agrees to furnish to Authority all labor,
materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately
supply the services and advice on various issues affecting the decisions of Authority regarding the Project
and on other programs and matters affecting Authority ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations. Contractor shall
perform all Services under this Contract in a skillful and competent manner, and consistent with the
standards generally recognized as being employed by contractors in the same discipline in the State of
California. Contractor shall be responsible for securing City of Palm Desert ("City") business license(s) and
any other licenses or permits necessary to perform the Services.
2.1.1 Extra Work. At any time during the term of this Agreement, Authority may request
that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined
by Authority to be necessary but which the parties did not reasonably anticipate would be necessary at the
execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from the Authority.
2.2 Term and Schedule. The term of this Agreement shall be from April 1, 2018 to April 30,
2020, unless earlier terminated as provided herein. The Housing Authority shall have the unilateral option,
at its sole discretion, to renew this Contract annually for no more than three (3) additional one-year terms.
Contractor shall complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines. Contractor shall perform the Services expeditiously within the term
and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated
herein by reference. Upon request of Authority, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
2.3 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C"
Service Agreement
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DRAFT FOR DISCUSSION
attached hereto and incorporated herein by reference, and shall not exceed the total annual amount of
Fifty -One Thousand Nine Hundred Dollars ($51,900). The Authority may request Contractor to perform
Extra Work at the same rates and manner as set forth in this Agreement on an as needed basis as specified
in the Contract (Section 2.1.2) for additional ancillary services. Contractor shall not perform Extra Work,
presume Extra Work will be guaranteed, nor be compensated for Extra work without written authorization
from the Authority. Work performed as Extra Work shall not exceed in the amount of Twenty Thousand
Dollars ($20,000). Contractor shall not be reimbursed for any expenses unless identified in Exhibit "C" or
authorized in writing by Authority.
2.4 Accounting Records. Contractor shall maintain complete and accurate records with respect
to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow Authority to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Contract for a period of three (3) years from the date
of final payment under this Contract.
2.5 Subcontracts. Contractor shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of Authority. Subcontracts,
if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3. PAYMENT AND TERMS
3.1 Invoices. Contractor shall submit to Authority a monthly itemized statement which
indicates work completed and hours of Services rendered by Contractor. The statement shall describe the
amount of Services and supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. Authority shall, within 45
days of receiving such statement, review the statement and pay all approved charges thereon. Contractor
shall not be reimbursed for any expenses unless authorized in writing by Authority.
3.2 Independent Contractor. The Services shall be performed by Contractor or under its
supervision. Contractor will determine the means, methods and details of performing the Services subject
to the requirements of this Contract. Authority retains Contractor on an independent contractor basis and
not as an employee. All persons performing Services shall not be employees of Authority and shall at all
times be under Contractor's exclusive direction and control. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them.
Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications
and approvals of whatever nature that are legally required to perform the Services, including a City Business
License, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
Upon Authority's request, Contractor shall provide Authority with the identification information of any
person performing Services on site and shall provide information related to the license, registration, and
other qualifications of subcontractors. Any personnel who fail or refuse to perform the Services in a manner
acceptable to Authority, or who are determined by Authority to be uncooperative, incompetent, a threat
to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall
be promptly removed from the Services by Contractor at the request of Authority. This section does not
authorize the subcontracting of any part of the Services.
3.3 Partv's Representatives. Authority hereby designates Jessica Gonzales, Senior
Management Analyst and/or Teresa Vakili, Southern Region Vice President with RPM Company, or his or
Service Agreement
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DRAFT FOR DISCUSSION
her designee, to act as its representative for the performance of this Agreement ("Authority's
Representative"). Authority's Representative shall have the power to act on behalf of Authority for all
purposes under this Agreement. Contractor shall not accept direction or orders from any person other than
Authority's Representative or his or her designee. Contractor hereby designates Victor Peloquin, or his or
her designee, to act as its representative for the performance of this Agreement ("Contractor's
Representative"). Contractor's Representative shall have full authority to represent and act on behalf of
Contractor for all purposes under this Agreement.
3.3.1 Substitution of Key Personnel. Contractor has represented to Authority that
certain key personnel will perform and coordinate the Services under this Agreement. Should one or more
of such personnel become unavailable, Contractor may substitute other personnel of at least equal
competence and experience upon written approval of Authority. In the event that Authority and Contractor
cannot agree as to the substitution of key personnel, Authority shall be entitled to terminate this Agreement
for cause. The key personnel for performance of this Agreement are as follows:
3.4 Termination. This Contract may be terminated by Authority at any time by giving
Contractor three (3) days advance written notice. In the event of termination by Authority for any reason
other than the fault of Contractor, Authority shall only pay Contractor for Services performed up to that
time as provided herein. In the event of breach of the Contract by Contractor, Authority may terminate the
Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to
offset Authority's resulting damages, and may pursue any other available recourse against Contractor.
Contractor may not terminate this Contract except for cause. Authority may require Contractor to provide
all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built
by Contractor in connection with its performance of this Contract.
4. WORK SITES
4.1 Inspection Of Site. Contractor shall visit sites where the Services are to be performed and
shall become acquainted with all conditions affecting the Services prior to commencing work. Contractor
acknowledges that the sites are occupied residential communities and that the Services shall be completed
in a manner that ensures minimal resident impact.
4.2 Removal of Waste and Debris. Contractor shall remove at its own expense all rubbish and
waste materials resulting from its operations, including any material that may fall in swimming pools,
lagoons, or other water features. If on private property, Contractor must obtain permission from the
property owner prior to removing debris. All debris must be removed before the end of the day unless
otherwise directed by Authority or Authority's agent.
4.3 Notifications to Authority and Residents. The Contractor acknowledges that the Authority
provides forty-eight (48) hours -notice in advance of the start of any work that is to occur at any residential
unit. Contractor shall provide sufficient notice to the Authority before beginning any such work so that the
Authority may provide timely notice to residents.
4.4 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to
any person or property. In carrying out its Services, Contractor shall at all times exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the conditions under
which the work is to be performed.
Service Agreement
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4.5 Paths of Travel. Pedestrian paths of travel must be maintained free of obstructions and
hazardous conditions, except where the condition is necessary for completion of the Services. To the extent
any portion of the Services requires obstructing pedestrian paths of travel, the Services shall be performed
so as to minimize the extent of the obstruction. Where Contractor's operations may create hazardous
conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route
pedestrians around the impacted area. The Authority shall be given at least 48 hours -notice prior to the
creation of any condition affecting pedestrian paths of travel.
5. CONTRACTOR'S RESPONSIBILITIES
5.1 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with
all local, state and federal laws, rules and regulations in any manner affecting the performance of the
Contract or the Services, including all Cal/OSHA requirements, and shall give all notices required by law.
Contractor shall be liable for all violations of such laws and regulations in connection with the Services.
Contractor shall defend, indemnify and hold Authority, its officials, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out
of any failure or alleged failure to comply with such laws, rules or regulations. Each and every provision of
law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein.
5.2 Indemnification. Contractor shall defend (with counsel of Authority's choosing), indemnify
and hold Authority and City, their officials, officers, agents, employees and representatives free and
harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or
injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to
property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions
or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors
arising out of or in connection with the performance of the Services or this Contract, including claims made
by subcontractors for nonpayment, including without limitation the payment of all consequential damages
and attorneys' fees and other related costs and expenses. To the fullest extent permitted by law, Contractor
shall defend, at Contractor's own cost, expense and risk, with counsel of Authority's choosing, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted
against Authority, its officials, officers, agents, employees and representatives. To the extent of its liability,
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Authority or
City, their officials, officers, employees, agents, employees and representatives, in any such suit, action or
other legal proceeding. Contractor shall reimburse Authority, its officials, officers, agents, employees, and
representatives, for any and all legal expenses and costs incurred by each of them in connection therewith
or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed
by Civil Code Section 2782.
5.2.1 Insurance. Contractor shall not commence work under this Agreement until it has
provided evidence satisfactory to the Authority that it has secured all insurance required under this section.
In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the Authority that the subcontractor has secured all insurance required
under this section. Without limiting Contractor's indemnification of Authority or City, and prior to
commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory
to Authority.
Service Agreement
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5.2.1.1 General Liability Insurance: Contractor shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an
amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000
completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall
contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability
exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to
the Agreement.
5.2.1.2 Automobile Liability Insurance: Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property
damage for all activities of the Contractor arising out of or in connection with Services to be performed
under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than $1,000,000 combined single limit for each accident.
5.2.1.3 Umbrella or Excess Liability Insurance: Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will
provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
coverages set forth above, including commercial general liability and employer's liability Such policy or
policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance
that would otherwise have applied proves to be uncollectable in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.
5.2.1.4 Workers' Compensation Insurance: Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700
of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of
California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to Authority, along
with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Palm Desert Housing
Authority, the City of Palm Desert, their officers, agents, employees and volunteers.
Products/completed operations coverage shall extend a minimum of three years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out of the actions of
independent contractors. If the insured is using subcontractors, the Policy must include work performed
"by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the
insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall
specifically provide for a duty to defend on the part of the insurer. The Palm Desert Housing Authority,
City of Palm Desert, their officials, officers, employees, and agents, shall be included as insureds under the
policy.
5.2.2 Insurance for Subcontractors: All Subcontractor's shall be included as additional
insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors
Service Agreement
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DRAFT FOR DISCUSSION
to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements,
including adding the Palm Desert Housing Authority and the City of Palm Desert as Additional Insureds to
the Subcontractor's policies. Contractor shall provide to Authority satisfactory evidence as required under
Insurance Section of this Agreement.
5.2.3 Proof of Insurance: Contractor shall provide certificates of insurance to Authority
as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement
for workers' compensation. Insurance certificates and endorsement must be approved by Authority's Risk
Manager prior to commencement of performance. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current
certification of insurance shall be kept on file with Authority at all times during the term of this contract.
Authority reserves the right to require complete, certified copies of all required insurance policies, at any
time.
5.2.4 Duration of Coverage: Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the Services hereunder by Contractor, his agents, representatives,
employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability
insurance for as long as there is a statutory exposure to completed operations claims. Palm Desert Housing
Authority, City of Palm Desert and their officers, officials, employees, and agents shall continue as additional
insureds under such policies.
5.2.5 Authority's Rights of Enforcement: In the event any policy of insurance required
under this Agreement does not comply with these requirements or is canceled and not replaced, Authority
has the right but not the duty to obtain the insurance it deems necessary and any premium paid by
Authority will be promptly reimbursed by Contractor, or Authority will withhold amounts sufficient to pay
premium from Contractor payments. In the alternative, Authority may cancel this Agreement.
5.2.6 Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in the State of
California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
Authority's Risk Manager.
5.2.7 Waiver of Subrogation: All insurance coverage maintained or procured pursuant to
this agreement shall be endorsed to waive subrogation against Palm Desert Housing Authority, City of Palm
Desert, their elected or appointed officers, agents, officials, employees and volunteers, or shall specifically
allow Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Palm Desert
Housing Authority and City of Palm Desert, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
5.2.8 Enforcement of Contract Provisions (Non Estoppel): Contractor acknowledges and
agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance
with any requirement imposes no additional obligations on the Authority nor does it waive any rights
hereunder.
Service Agreement
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5.2.9 Primary and Non -Contributing Insurance: All insurance coverages shall be primary
and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not
contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.2.10 Requirements Not Limiting: Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a
waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured
to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
5.2.11 Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker
and insurers to provide to Authority with a thirty (30) day notice of cancellation (except for nonpayment
for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
5.2.12 Additional Insured Status: General liability, Automobile Liability, and if applicable,
Pollution Liability, policies shall provide or be endorsed to provide that the Palm Desert Housing Authority,
City of Palm Desert and their officers, officials, employees, and agents shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of the Agreement, under
such policies. This provision shall also apply to any excess liability policies.
5.2.13 Authority's Right to Revise Requirements: The Authority reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by giving the
Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the Authority and Contractor may renegotiate Contractor's
compensation.
5.2.14 Self -Insured Retentions: Any self -insured retentions must be declared to and
approved by Authority. Authority reserves the right to require that self -insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by Authority.
5.2.15 Timely Notice of Claims: Contractor shall give Authority prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's performance under this
Agreement, and that involve or may involve coverage under any of the required liability policies.
5.2.16 Safety: Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance
with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the conditions under
which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection
ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents
or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
5.2.17 Additional Insurance: Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the Services.
Service Agreement
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6. LABOR LAWS
6.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section
1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance" projects. If the Services are being performed as part
of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if
the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. Upon request, Authority shall provide Contractor with a copy of the prevailing rates of per diem
wages in effect at the commencement of this Agreement. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and
1771.1, the Contractor and all subcontractors performing such Services must be registered with the
Department of Industrial Relations. This Project may be subject to compliance monitoring and enforcement
by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all
applicable registration and labor compliance requirements.
6.2 Contractor's Labor Certification. By its signature hereunder, Contractor certifies the
following: "I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the
California Labor Code which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the
undersigned Contractor, agree to and will comply with such provisions before commencing the
performance of the Services on this Contract."
7. MISCELLANEOUS
7.1 Notices. All notices hereunder and communications regarding interpretation of the terms
of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail,
return receipt requested, postage prepaid and addressed as follows:
Contractor:
Authority:
Authority Designee:
ATTN:
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Jessica Gonzales, Senior Management Analyst
RPM Company
72-600 Fred Waring Drive
Palm Desert, CA 92260
Attn: Teresa Vakili, RPM Southern. Region Vice President
Any notice so given shall be considered received by the other Party forty-eight (48) hours after deposit in
the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the method of service.
Service Agreement
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7.2 Miscellaneous. This Contract contains the entire agreement of the Parties with respect to
the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This
Contract may only be modified by a writing signed by both Parties. Time is of the essence in the performance
of this Contract. The Parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor shall not,
either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest
assumed by Contractor herein without the prior written consent of Authority. This Contract shall be
governed by the laws of the State of California and shall be performed in Riverside County. This Contract
may be executed in counterparts, each of which shall constitute an original. Contractor represents that it is
an equal opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected
by the State or Federal Constitutions.
8. CONTRACTOR'S CERTIFICATIONS
8.1 Authority to Enter Contract. Contractor has all requisite power and authority to conduct
its business and to execute, deliver and perform the Contract. The individuals who have signed this Contract
have the legal power, right and authority to make this Contract and bind Contractor.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year
first above written.
PALM DESERT HOUSING AUTHORITY [INSERT NAME OF CONTRACTOR]
By: By:
By:
[INSERT NAME AND TITLE]
[INSERT NAME AND TITLE
Contractor's License Number and
Classification
DIR Registration Number
Service Agreement
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