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HomeMy WebLinkAboutP-21-173 Providence Horticulture Inc..pdf 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-21-173 May 17, 2021 Providence Horticulture, Inc. DBA Tree DoctorRx P.O. Box 7735 Fresno, CA 93747 The County of Fresno (County) hereby contracts with Providence Horticulture, Inc. DBA Tree DoctorRx (Contractor) to provide pest control operator services for treatment control of glassy-winged sharpshooters in accordance with the text of this agreement, Attachment “A”- Scope of Work and Attachment “B”- Quotation Schedule, by this reference made a part hereof. TERM: This Agreement shall become effective July 1, 2021 and shall remain in effect through June 30, 2024. EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity . The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” and Attachment “B”, all attached, at the rates set forth in Attachment “A”. ORDERS: Orders will be placed on an as-needed basis by County of Fresno, Department of Agriculture under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of eight hundred seventy-five thousand dollars ($875,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles /services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any PROCUREMENT AGREEMENT NUMBER: P-21-173 Page 2 Providence Horticulture, Inc. May 17, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-173 GLASSY-WINGED SHARPSHOOTER TREATMENT\P-21-173 AGREEMENT .DOC other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examinatio n, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later . Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance po oling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion -Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. PROCUREMENT AGREEMENT NUMBER: P-21-173 Page 3 Providence Horticulture, Inc. May 17, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-173 GLASSY-WINGED SHARPSHOOTER TREATMENT\P-21-173 AGREEMENT .DOC C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance : Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Agriculture, 1730 S. Maple Avenue, Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be exc ess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M . Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence . INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. PROCUREMENT AGREEMENT NUMBER: P-21-173 Page 4 Providence Horticulture, Inc. May 17, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-173 GLASSY-WINGED SHARPSHOOTER TREATMENT\P-21-173 AGREEMENT .DOC Because of its status as an independent contractor, Contractor shall have absolute ly no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) t he text of this Agreement (excluding Attachment "A"- Scope of Work, and Attachment “B”- Quotation Schedule); (2) Attachment "A"- Scope of Work; (3) Attachment “B”- Quotation Schedule. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for exampl e by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, a nd (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, su bdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees tha t each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. PROCUREMENT AGREEMENT NUMBER: P-21-173 Page 5 Providence Horticulture, Inc. May 17, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-173 GLASSY-WINGED SHARPSHOOTER TREATMENT\P-21-173 AGREEMENT .DOC Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Chanvathei Lonh, Purchasing Technician, at (559) 600-7110 or clonh@fresnocountyca.gov . FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC: CL PROCUREMENT AGREEMENT NUMBER: P-21-173 Page 6 Providence Horticulture, Inc. May 17, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-173 GLASSY-WINGED SHARPSHOOTER TREATMENT\P-21-173 AGREEMENT .DOC CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 40101016 Account No.: 7010 Requisition No.: 4012100176 (02/2021) SCOPE OF WORK Contractor to furnish all vehicles, personnel, labor, materials (except pesticides), equipment, permits, fees, insurance, taxes, mileage etc., and facilities to apply chemical(s) for the treatment of Glassy Winged Sharpshooter (GWSS). Work to be performed under the direction of the Fresno County Agricultural Commissioner (CAC). Work to be performed within Fresno County. Service is anticipated to begin on July 1, 20 21. Contractor responsibilities: • Furnish all personnel, equipment, and facilities to apply chemical(s) for the treatment of Glassy Winged Sharpshooter. Treatment crew shall consist of two personnel and two application vehicles each with a minimum tank capacity of 200 gallons. One tank will consist of two soil injection probes with adequate hose length to reach from the street to all plants on the property. The other tank will be fitted with a foliar hand spray nozzle with adequate hose length to reach from the street to all plants on the property. • Maintain all equipment in good working order. • No homeowner owned equipment is to be used. • Identify an individual who will be the contractor’s representative. This person will have responsibility for maintaining liaison with the CAC and assuring that the terms o f the contract are met. • Contractor shall comply with all applicable federal, state, and local rules, regulations, and laws. • Assure that applications are made in accordance with applicable laws and regulations concerning pesticide applications in the State of California. • Hold valid applicable pest control business license with the California Department of Pesticide Regulation (DPR) and permits to apply pesticides in the State of California. • Provide proof of proper qualified applicator license with California Department of Pesticide Regulation (DPR) as required in category, a) “B – landscape maintenance”, or b) “G - regulatory”. • Assure that all applications are made in accordance with instructions from the CAC representative for each treated property. • Assure that all applications shall be conducted according to the registered product labeling. • Provide personnel that have been trained in accordance with all applicable laws and regulations regarding pesticide application and provide personal protective equipment as per pesticide label. • Make personnel available for additional training, such as pesticide label training, if deemed necessary by CAC. • Maintain all records of properties treated to include: Name, address and telephone number of property owner and/or occupant, hosts treated, material(s) applied, date of application, number of application(s) i.e., 1st, 2nd application etc., special circumstances encountered. • All records are the property of the CAC and must be tendered upon demand. • Submit a weekly invoicing form provided by the CAC which shall be filled out by contractor and submitted to CAC weekly. • Maintain all pesticide use records for submission to the CAC in accordance with all applicable laws and regulations. • Maintain good community and public relations. • Allow the CAC to resolve treatment questions and issues and assist the CAC to resolve special requests from property owners/occupants regarding the conduct of the treatment(s). PROCUREMENT AGREEMENT NUMBER : P-21-173 Providence Horticulture, Inc. May 17, 2021 Attachment A 1 of 2 • Provide a list of equipment and personnel to be used in the project. • Provide proof of insurance coverage naming the County as additional insured as provided in the RFQ documents. CAC Responsibilities: • CAC shall have ultimate authority over all aspects of the conduct of the program. • Designate an individual as the county representative. This individual will be responsible for maintaining liaison with the contractor. • All applications to be under the direct supervision of the CAC to assure that contractor conduct the applications in accordance with all laws and regulations of the State of California. • Provide the pesticide materials to be used in the program. • CAC shall designate daily, to the contractor’s representative those properties that require treatment. Scheduling of treatments shall be the responsibility of the CAC representative. • Provide to property owners/occupants all forms, public information handouts, brochures and related information involved in conducting the treatment. • Water for tank fill up will be drawn from the nearest Fresno County maintenance yard or as arranged by the CAC. • Provide training to contractor personnel if deemed necessary by the CAC. • CAC will provide an invoicing form which shall be filled out by contractor and submitted to CAC weekly. • Work with the contractor to maintain good community and public relations. • Resolve treatment questions and issues. Work with, and assist, the contractor to resolve special requests from property owners/occupants regarding the conduct of the treatment(s). • Resolve property owner/occupant refusals to allow treatment. • Review treatment records to assure accuracy of information. • Maintain official records of treatments. Additional Conditions: Hourly rate to be billed is based upon the crew. The crew will consist of two personnel and two application vehicles and all costs associated with these applications, excluding the pesticides used. Normal workdays are Monday through Friday. Daily work hours are variable. Overtime is allowed only by approval from CAC. There will be no weekend work, or holiday work. Holidays are as listed in the Fresno County holiday schedule. One-half hour travel time may be charged for each day as part of the total eight-hour day. Down time for repair or maintenance is not to be billed. It is the responsibility of the contractor to keep track of and write down the total amount of dilute material applied to each property. Only actual treatment time may be billed. Crew is to report to the treatment site each day as directed by CAC. • Treatment is anticipated to end on, or before November 10 of each treatment year. However, if GWSS is detected in a high-risk area, the contractor could be requested to make fall applications as weather allows. Anticipated Chemical to be used: Imidacloprid (Merit WSP, Merit 2F, Core-Tech) PROCUREMENT AGREEMENT NUMBER : P-21-173 Providence Horticulture, Inc. May 17, 2021 Attachment A 2 of 2 PROCUREMENT AGREEMENT NUMBER: P-21-173 Providence Horticulture, Inc. May 17, 2021Attachment B 1 of 1