Loading...
HomeMy WebLinkAboutItem No. 09 Amend. No. 3 Robbins Pest Management, Inc. FY 21-22City of Lake Elsinore LrkU8LSi no 130 South Main Street Lake Elsinore, CA 92530 www.lake - elsinore.org Ne °. — IKi -' City Council Agenda Report File Number: ID# 21 -205 Agenda Date: 6/8/2021 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 9) Amendment No. 3 to the Contract with Robbins Pest Manaaement. Inc. for Fiscal Year 2021 -22 Authorize the City Manager to execute Amendment No. 3 to the On -Call Contract with Robbins Pest Management, Inc. for an additional 12 -month term and increase the compensation of the contract by an additional $2,700 for pest control services at The Anchor, bringing the not to exceed total contract amount to $57,700 for FY21 -22, in substantially the form attached and in such final form as approved by the City Attorney. City of Lake Elsinore Page 1 Printed on 61312021 CITY OF ih41 4 LAKE LS1110 E L � DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared By: Rick De Santiago, Public Works Manager Date: June 8, 2021 Subject: Amendment No. 3 to the Contract with Robbins Pest Management, Inc. for FY2021 -22 Recommendation Approve and authorize the City Manager to execute the Amendment No. 3 to the Robbins Pest Management, Inc., On -Call Contract for an additional 12 -month term, and increase the compensation of the contract by an additional $2,700 for pest control services at The Anchor, bringing the not to exceed total contract amount to $57,700 for FY21 -22, in substantially the form attached and in such final form as approved by the City Attorney. Background The City entered into an Agreement for Contractor Services with Robbins Pest Management, Inc., for monthly pest control services at city facilities and parks on July 1, 2018. The term of the Agreement was for 12- months, with the option of extending three (3) additional 12 -month terms. This Agreement was extended in July 2019 and scope of service was amended to include Launch Pointe Recreation Destination & RV Park; compensation increased to $55,000. In July 2020 the contract was extended for the second time for a 12 -month term. Discussion Robbins Pest Management is responsive at short notice, and systematic in taking care of the issues that have arisen outside of their monthly pest control service. Over the years the scope of services has expanded to include the newer parks and facilities. Staff would like to amend the scope of services of the contract to include the maintenance of the new city owned facility The Anchor and extend the term of the agreement for an additional 12 -month term for monthly, bi- weekly and on -call pest control services, which is vital to prevent damage from vermin (gophers and squirrels etc.). Fiscal Impact Funding for these services is available in the FY2021 -2022 Public Works Operating Budget, Launch Pointe Budget and The Anchor budget. Amendment No. 3 - Contract with Robbins Pest Management, Inc. Page 2 6/8/2021 Exhibits A - Robbins Pest Management, Inc. - Amendment No. 3 Agreement B - Robbins Pest Management, Inc. - Proposal for The Anchor - Exhibit C C - Robbins Pest Management, Inc. - Amendment No. 2 Agreement D - Robbins Pest Management, Inc. - Amendment No. 1 Agreement E - Robbins Pest Management, Inc. - Original Agreement AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL) Robbins Pest Management, Inc. Pest Control Services This Amendment No. 3 to Agreement for Contractor Services ( "Amendment No. 3 ") is made and entered into as of July 1, 2021 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Robbins Pest Management, Inc., a Pest Management provider ( "Contractor "). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2018 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed FiftyThousand dollars ($50,000) per fiscal year which included the Campground, Fire Stations, City facilities and City parks. C. The term of the Original Agreement was for twelve (12) months and allows the City to extend the term on a 12 -month basis, not to exceed three (3) additional 12 -month renewals. D. Amendment No. 1 extended the term of the agreement for additional 12- months; and amended the scope of services to include Launch Pointe Recreation Destination & RV Park and increased compensation by $5000 for a not to exceed amount of $55,000 per fiscal year. E. Amendment No. 2 extended the term of the agreement for an additional 12 -month term. Compensation remained unchanged. F. The parties now desire to extend the term of the agreement for an addition 12- month term, amend the Scope of Service to include The Anchor facility, and increase compensation for such services to a not to exceed amount of $57,700 per fiscal year as set forth in this Amendment No 3. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 1, Scope of Services of the Original Agreement is hereby amended to the following: Contractor shall perform the services and related work as described in Contractor's Proposal (Exhibit A — Original Agreement, Exhibit B — Amendment No. 1, and Exhibit C — Amendment No. 3) (collectively, "Contractor's Proposal "). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal, subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a weeks, on -call support on an as needed basis 2. Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 3 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2021 and ending on June 30, 2022. 3. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A to the Original Agreement and Exhibit B — Amendment No. 1, and Exhibit C to Amendment No. 3). In no event shall Contractor's compensation related to Exhibit A - Original Agreement, Exhibit B - Amendment No. 1, and Exhibit C to this Amendment No. 3 exceed Fifty -Seven Thousand Seven Hundred dollars ($57,700) for FY 2021 -2022 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth Exhibit A - Original Agreement, Exhibit B - Amendment No. 1 and Exhibit C - Amendment No. 3, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation "CONTRACTOR" Robbins Pest Management, Inc. a California contractor By: George D. McDonough Jason Simpson, City Manager Its: President Date: Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit C — Contractor's Proposal for The Anchor EXHIBIT C CONTRACTOR PROPOSAL [ATTACHED] EXHIBIT C Rom ms PEST MANAGEMENT INC. 1 6514 MouNrAim S rREET LAKE EtSINORE, CA 92530 U Monthly pest control service for the Anchor is $175 for all the buildings on the property on the outside. Each of the 17 units would be $10 each to spray the inside on an as needed basis. Scanned with CamScanner DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL) Robbins Pest Management, Inc. Pest Control Services This Amendment No. 2 to Agreement for Contractor Services ( "Amendment No. 2 ") is made and entered into as of July 1, 2020 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Robbins Pest Management, Inc., a Pest Management provider ( "Contractor "). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2018 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed Fifty Thousand dollars ($50,000) per fiscal year which included the Campground, Fire Stations, City facilities and City parks. C. The term of the Original Agreement was for twelve (12) months and allows the City to extend the term on a 12 -month basis, not to exceed three (3) additional 12 -month renewals. D. Amendment No. 1 Extended the term of the agreement for an FY19 -20 additional 12- months; amended the scope of the agreement to include Launch Pointe Recreation Destination & RV Park and increased compensation by $5,000 for a not to exceed amount of $55,000 per fiscal year. E. The parties now desire to extend the term of the agreement for FY20 -21 an addition 12 -month as set forth in this Amendment No 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: the following: Section 2, subpart C, Term, of the Original Agreement is hereby amended to add Unless earlier terminated as provided elsewhere in the Original Agreement and Amendment No.1, this Amendment No. 2 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2020 and ending on June 30, 2021. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed one (1) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement and Amendment No. 1 shall remain in full force and effect. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation gD�ocuS"i�gneed by: ✓J'� Uk I Il.E i &Ejt14 1jty Manager Date: 6/24/2020 1 3:06 PM PDT ATTEST: DocuSigned by: y2tibtk48C400— APPROVED AS TO FORM: ppDocu Signed by: AA ee' Y1G+26WLG� �- .fPiI.bO G� %F by ouAhv, I k1gMbtjYnent Attachments: Exhibit B — Contractor's Proposal Exhibit C — Original Agreement "CONTRACTOR" Robbins Pest Management, Inc. a California contractor F ZDocuSigned by: / V L 9�LG bin b u, E16AIl tge D. Mc onough Its: President Date: 6/24/2020 1 3:03 PM PDT DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F .■ C CONTRACTOR PROPOSAL [ATTACHED] EXHIBIT B DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF IN City of Lake Elsinore 130 S. Main Street Lake Elsinore, Ca 92530 ROBBINS PEST MANAGEMENT INC July 1, 2018 16514 M0UN7AJN STREET L- i ELSIN ? _. CA. 92530 Thank you for giving Robbins Pest Management Inc. the opportunity to submit a bid for pest control services for the below City buildings and City Parks The monthly service fee for each of the below listed buildings is $30.00 each, for interior and exterior treatments. Public Works (Offices and Warehouse) Historical Society Tiny Tots Centennial Station Cultural Center City Hall Community Center Senior Center City Hall Annex City Park Restrooms The monthly service is performed on Saturdays, for the employees safety, and include any additional services during the month if needed. The service is for general pest control (ants, spiders, earwigs, mice, rats etc.). The monthly service fee for each fire station (Mc Vcker, Rosetta Canyon and Canyon Hills) is $35.00 and cover the same general pests. Pest control services for the La Laguna Campground for gophers and squirrels will be performed on a bi- weekly basis for $300.00 per visit. The service covers the entire campground and will prevent the massive destruction seen in 2016. All of the above services will be performed on a same day /next day basis. Pests creating a public safety issue (bees, wasps, fleas, fire ants, squirrels etc.) will be treated within one hour of notice, seven days a week. Services at the City Parks will be priced at $65.00 trip charge, plus $65.00 per hour. We can supply the City for monthly service estimates for each park but recommend a "per call' basis since some parks may not need attention each month. We have been located in Lake Elsinore for nineteen years and are bonded and insured. We also hold a General Pest Control License, an Agricultural QAL license and the required restricted materials permits. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF Please advise me should require any additional information. Regards, George D. Mc Donough Robbins Pest Management, Inc. (951) 255 -6118 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF CERTIFICATE OF LIA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAN[ CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poll If SUBROGATION IS WAIVED, subject to the terns and conditions of the pi this certificate does not confer rights to the certificate holder in lieu of suc PRODUCER Pacific Alliance Insurance Brokerage License #OH27230 P O Box 3947 Fresno CA 93650 INSURED Robbins Pest Management Inc 16514 Mountain St Lake Elsinore CA 92530 BILITY INSURANCE J DATEIMM IYYYY) 03/05/2020 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED :y(les) must have ADDITIONAL INSURED provisions or be endorsed. llicy, certain policies may require an endorsement. A statement on 1 endorsement(&)_ GUNIAVIF Buchanan PHONE (677) 505-5310 AI No Ext : AIC, No: ADDRESS hbuchanan ®pacalfins.cam INSURERS) AFFORDING COVERAGE NAIC it INSURER A: Markel Insurance Company 38974 INSURER B INSURER C.- INSURER 0: GENERAL AGGREGATE INSURER E: PROD UCTS- COMPIOPAGG INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 GL/POLL REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R POL! F PDLI C EXP LTR TYPE OF INSURANCE FNSD. WVD POLR:YNUMDER MMItI MfrV LIMITS X COMMERCIAL GENERAL LIABILITY 2.000.000 EACtrOCCURRENCE $ CLAIMS-MADE � OCCUR PREMISES Ee occurrence g 100,000 X HerbicidelPesticide Applicator 5 000 A PCG2002817605 03/13/2020 03/13/2021 MED EXP (Any one parson) $ 1 PERSONAL& ADV INJURY $ 2,000,000 GEN'LAGGREGATE _ LIMIT APPLIES PER: POLICY ❑ JECOT LOC GENERAL AGGREGATE 2,000,000 PROD UCTS- COMPIOPAGG S 2.000.000 OTHEM $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED WOW SINGLE LIMIT Ea acddeni $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERT Y DAMAGE PERT (Per n! $ UMBRELLA LUAB OCCUR EXCESS LKLB H_­..__.__ EACHOCCURRENCE $ tKERS COMPENSATION EMPLOYERS' LIABILITY YIN PROPRIETORIPARTNERIMCUTIVE CERIMEMBEREXCLUUED'd ❑ N! �dMW In NH) , describe under �RIPTION OF OPERATIONS below EL DISEASE- - EAEMPLOYEE $ E.L. DISEASE - POLICY LIMIT I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached M more space is requirer0 Certificate holder is included as additional insured with respects to the General Liability per the attached endorsement MGL1220 0415. HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Lake Etstrore —ACCORDANCE" WOOMMIN16 120 S. Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore CA 92530 &4 Q ©1988 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks ofACORD DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF MARKEE COMMERCIAL GENERAL LIABILITY Policy #: PCG2002817605 Markel Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PEST CONTROL COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following additional coverages and extensions are added to this policy as detailed below. As respects any coverage provided by this endorsement, if higher limits are provided on any other schedule, declarations or endorsement attached to this policy, then the limits and coverage provided by this endorsement would not apply for that coverage. SCHEDULE Lost Key Coverage Extended Property Damage — Expected Or Intended Injury Non -Owned Watercraft Non -Owned Aircraft Property Damage To Borrowed Equipment Property Damage To Customers' Goods Damage To Premises Rented To You Personal And Advertising Injury From Televised Or Videotaped Material Supplementary Payments Bail Bonds Loss Of Earnings Broadened Definition Of Insured Automatic Additional Insureds When Required By Contract Or Agreement Mortgagees, Assignees Or Receivers Vendors Medical Payments Each Location And Each Project Aggregates Duties In The Event Of Occurrence, Offense, Claim Or Suit Unintentional Failure To Disclose All Hazards Waiver Of Transfer Of Rights Of Recovery Against Others To Us Liberalization Mental Anguish Resulting From Bodily Injury Broadened Definition Of Mobile Equipment $25,000 Each Occurrence / $25,000 Annual Aggregate Included Increased To 51 Feet Long If Rented Or Loaned With A Paid Crew $50,000 Each Occurrence $10,000 Each Occurrence Equal To The General Liability Each Occurrence Limit Included Up To $5,000 Up To $500 A Day Included Included Included Included $10,000 Any One Person (Unless Excluded) Equal To The General Aggregate Limit Included Included Included Included Included Included MGL 1220 04 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF A. LOST KEY COVERAGE 1. The following is added to Section I —Coverages, Coverage A— Bodily Injury And Property Damage Liability: We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" due to the loss of keys in the care, custody or control of the insured or the insured's "employees ". Our liability for all damages is limited to: (1) The actual cost of the lost keys; (2) The adjustment of locks to accept new keys; or (3) New locks, if required, including the cost of their installation. 2. The following is added to Section III — Limits Of Insurance: The limits of insurance for Lost Key Coverage are subject to the following provisions: The Annual Aggregate limit shown in the Schedule of this endorsement is the most we will pay for all "property damage" resulting from the loss of keys, as described in this endorsement. b. Subject to the Annual Aggregate limit, the Each Occurrence limit shown in the Schedule of this endorsement is the most we will pay for all "property damage" in any one "occurrence" resulting from the loss of keys. c. The amounts shown in the Schedule of this endorsement for this coverage are part of, not in addition to, the applicable limits of insurance shown in the Declarations. B. EXTENDED PROPERTY DAMAGE — EXPECTED OR INTENDED INJURY Exclusion 2.a. Expected Or Intended Injury under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability is amended as follows: 1. Paragraph (2) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 2. The following is added: (6) "Bodily injury" or "property damage" arising out of any aircraft not owned by any insured that is rented or loaned to you with a paid crew. If other insurance applies to a loss because of "property damage" to non -owned watercraft or aircraft as described in Paragraphs (2) or (6) above, the insurance provided by this endorsement does not apply, whether the other insurance is primary, excess, contingent or issued on any other basis. D. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. The following is added to Exclusion 2.j. Damage To Property under Section 1— Coverages, Coverage A — Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while that equipment is not being used to perform operations. MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF 2. The following is added to Section III — Limits Of Insurance: Subject to the General Aggregate limit, the most we will pay for "property damage" to borrowed equipment is the amount shown in the Schedule of this endorsement for each "occurrence ". 3. The insurance afforded by Paragraph D.I. above is excess over any valid and collectible property insurance (including any deductible) available to the insured, whether primary, excess, contingent or issued on any other basis. E. PROPERTY DAMAGE TO CUSTOMERS' GOODS 1. The following is added to Exclusion 2.j. Damage To Property under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability: Paragraphs (3), (4) and (6) of this exclusion do not apply to "property damage" to "customers' goods ". 2. The following is added to Section III — Limits Of Insurance: Subject to the General Aggregate limit, the most we will pay for "property damage" to "customers' goods" is the amount shown in the Schedule of this endorsement for each "occurrence ". 3. The insurance afforded by Paragraph E.I. above is excess over any valid and collectible property insurance (including any deductible) available to the insured, whether primary, excess, contingent or issued on any other basis. 4. The following definition is added: "Customers' goods" means tangible personal property belonging to your customers and left with you for storage, service or repair. "Customers' goods" does not include: a. Accounts, bills, currency, deeds, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; b. Animals; c. Contraband, or property in the course of illegal transportation or trade; d. Personal property while airborne or waterbome; e. Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; f. Vehicles or self - propelled machines that are licensed for use on public roads; aircraft; or watercraft. This paragraph does not apply to: (1) Vehicles or self - propelled machines, other than "autos ", you hold for sale; or (2) Rowboats or canoes out of water at your premises; or g. The following property while outside of buildings: (1) Grain, hay, straw or other crops; and (2) Fences, radio or television antennas (including satellite dishes) and their lead -in wiring, masts or towers, trees, shrubs or plants (other than trees, shrubs or plants held for sale). F. DAMAGE TO PREMISES RENTED TO YOU The following applies only if Damage To Premises Rented To You is not excluded from the policy to which this endorsement is attached: 1. The first paragraph following Paragraph (6) of Exclusion 2.j. Damage To Property under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of.such premises, rented to you. A separate limit.of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF 2. The final paragraph of Paragraph 2. Exclusions under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. 3. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner, is equal to the Each Occurrence limit shown in the Declarations. 4. Paragraph 4.b.(1)(a)(ii) Other Insurance under Section IV — Commercial General Liability Conditions is replaced by the following: (ii) That is fire, lightning, explosion, smoke or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Paragraph a. of Definition 9. "insured contract" is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; G. PERSONAL AND ADVERTISING INJURY FROM TELEVISED OR VIDEOTAPED MATERIAL 1. Exclusions 2.b. and 2.c. under Section I — Coverages, Coverage B — Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or professionally produced televised or videotaped publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or professionally produced televised or videotaped publication, in any manner, of material whose first publication took place before the beginning of the policy period. 2. Paragraphs d. and e. of the definition of "personal and advertising injury" are replaced by the following: d. Oral, written or professionally produced televised or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or professionally produced televised or videotaped publication, in any manner, of material that violates a person's right to privacy; H. SUPPLEMENTARY PAYMENTS — BAIL BONDS AND LOSS OF EARNINGS Paragraphs 1.b. and 1.d. under Section I — Coverages, Supplementary Payments — Coverages A And B are replaced by the following: b. Up to the amount shown in the Schedule of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to the amount shown in the Schedule of this endorsement because of time off from work. MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF 1. BROADENED DEFINITION OF INSURED Section II — Who Is An Insured is amended as follows: 1. The following is added to Paragraph 2.a.: Paragraph (1) does not apply to managers at the supervisory level or above. 2. Paragraph 2. is amended to include the following as insureds: Any legally incorporated entity of which you own at least 51% of the voting stock on the inception date of this Coverage Form and on the date of any covered "occurrence ", claim or "suit ". This insurance shall not apply to any entity that is already insured under any other insurance provided by any company or that would be an insured but for the exhaustion of its limits of insurance. 3. Paragraph 3.a. is replaced by the following: a. Coverage for your newly acquired or formed organization shall be: (1) Effective on the date of acquisition or formation; and (2) Afforded until the end of the policy period of this Coverage Form. J. AUTOMATIC ADDITIONAL INSUREDS The following paragraphs are added to Section II — Who Is An Insured: 1. The following are also insureds under this policy, subject to the following provisions: a. When Required By Contract Or Agreement Any person or organization to whom you are required by written contract, agreement, permit or authorization to provide insurance, but only if the contract, agreement, permit or authorization is in effect during the policy period shown in the Declarations and was executed prior to the "bodily injury", "property damage" or "personal and advertising injury'. However: (1) The person or organization is an insured only to the extent you are held liable due to your acts or omissions or the acts or omissions of those acting on your behalf in connection with: (a) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (i) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; and (ii) This insurance does not apply to any structural alterations, new construction or demolition operations performed by or on behalf of the person or organization; (b) Your ongoing operations for that insured, whether the work is performed by you or for you; (c) "Your work" performed for the additional insured at the location designated in the contract, agreement or permits and included in the "products- completed operations hazard'; (d) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (1) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires or you cease to lease that equipment; and (ii) This insurance does not apply to "bodily injury' or "property damage" arising out of the sole negligence of such person ur urganizdlion; ur (e) Permits or authorizations issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional provision: This insurance does not apply to "bodily injury ", "property damage" or "personal. and advertising injury' arising out of operations performed for that state or municipality. (2) The insurance with respect to any architect, engineer or surveyor does not apply to "bodily injury", MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF "property damage" or "personal and advertising injury arising out of the rendering of or failure to render any professional services by or for you, including: (a) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (b) Supervisory, inspection or engineering services. (3) This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services. (4) This insurance does not apply to any insured person or organization if the loss, cost, injury or damage is otherwise excluded from coverage under this insurance, including any endorsements made a part of this policy. (5) This insurance does not apply to any person or organization included as an insured by an endorsement issued by us or otherwise made part of this insurance. (6) No coverage will be provided if, in the absence of this endorsement, no liability will be imposed by law on you. Coverage will be limited to the extent of your negligence or fault according to the applicable principles of comparative fault. This Additional Insured provision does not apply to mortgagees, assignees or receivers, or vendors. b. Mortgagees, Assignees Or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of premises by you. However, this insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. c. Vendors Any vendor with whom you have agreed in a written contract or agreement to provide insurance, but only if the contract or agreement is in effect during the policy period shown in the Declarations and was executed prior to the "bodily injury" or "property damage ", and only with respect to "bodily injury or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. (1) The following additional exclusions apply to such vendors: This insurance does not apply to: (a) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (h) Any failure to maintain the product in a merchantable condition; or (1) "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF not apply to: (i) The exceptions contained in subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient, part or container entering into, accompanying or containing such products. (3) This insurance does not apply to any vendor included as an insured by an endorsement issued by us or otherwise made a part of this insurance. (4) This insurance does not apply if "bodily injury" or "property damage" included in the "products- completed operations hazard" is excluded either by the provisions of this insurance or by endorsement. 2. The insurance provided to such automatic additional insureds: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insureds. 3. With respect to the insurance afforded to such automatic additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance shown in the Declarations, whichever is less. The insurance afforded to the additional insured does not increase the applicable limits of insurance shown in the Declarations. K. MEDICAL PAYMENTS The following applies only if Medical Payments Coverage is not excluded from the policy to which this endorsement is attached: Paragraph 7. under Section III — Limits Of Insurance is replaced by the following: 7. Subject to Paragraph 5. above, the Medical Expense limit is equal to the Medical Expense limit stated in the Declarations or the amount shown in the Schedule of this endorsement, whichever is greater, and is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. L. EACH LOCATION AND EACH PROJECT AGGREGATES The following is added to Section III — Limits Of Insurance: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A, and for all medical expenses caused by accidents under Coverage C, which can be attributed only to operations at a single designated covered "location" or covered construction project: a. A separate Each Location or Each Project Aggregate limit applies to each covered "location" or covered construction project, and that limit is equal to the General Aggregate limit shown in the Declarations. b. The Each Location or Each Project Aggregate limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medical expenses under Coverage C, regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits ". MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Location or Each Project Aggregate limit for each covered "location" or covered project for which payment is made. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any other covered "location" or covered project's general aggregate. d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Each Location or Each Project Aggregate limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A, and for all medical expenses caused by accidents under Coverage C, which cannot be attributed only to ongoing operations at a covered "location" or covered project: a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate limit or the Products - Completed Operations Aggregate limit, whichever is applicable; and b. Such payments shall not reduce any Each Location or Each Project Aggregate limit. 3. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor the Each Location or Each Project Aggregate limit. 4. If the applicable covered construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. For the purposes of this section of this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. 6. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. M. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions: Your obligation to notify us as soon as practicable of an "occurrence ", offense, claim or "suit" is satisfied if you send us written notice as soon as practicable after any of your "executive officers ", directors, partners, insurance managers or legal representatives become aware of or should have become aware of such "occurrence ", offense, claim or "suit ". N. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Condition 6. Representations under Section IV — Commercial General Liability Conditions: If you unintentionally fail to disclose all hazards prior to the beginning of the policy period of this Coverage Form, we shall not deny coverage under this Coverage Form because of such failure. O. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization with whom you have agreed in a written contract prior to an "occurrence" to waive such rights. P. LIBERALIZATION The following is added to Section IV — Commercial General Liability Conditions: Liberalization Clause If we adopt any revision that would broaden coverage under this Coverage Form without additional premium, the MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF broadened coverage will immediately apply to this Coverage Form as of the day the revision is effective in your state. Q. MENTAL ANGUISH RESULTING FROM BODILY INJURY Definition 3. "bodily injury" is replaced by the following: 3. "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including mental anguish or emotional distress resulting from any of these; and b. Death resulting from bodily injury, sickness or disease. R. BROADENED DEFINITION OF MOBILE EQUIPMENT The following is added to Paragraph f.(1) of Definition 12. "mobile equipment ": This shall not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. All other terms and conditions remain unchanged. MGL 1220 0415 Includes copyrighted material of Insurance Services Office, Inc., Page 9 of 9 with its permission. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF ACaREf 1111�- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 6/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Sonia Rosales Pipeline Insurance Agency AfC No Ext : (877) 928 -9994 1330 Orange Ave. ADDRESS: srtwics(gpipetineinsurance.com Suite 321 INSURERIS) AFFORDING COVERAGE NAIC # Coronado CA 92118 INSURER A: SECURITY NATL INS CO 19879 INSURED INSURER B '.� Robbins Pest Management, Inc INSURER C CLAIMS -MADE D OCCUR 117 S MAIN ST INSURER D INSURER E! LAKE ELSINORE CA 92530 INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: COVERAGES CERTIFICATE NUMBER: REVISION NI1hI1RFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ '.� CLAIMS -MADE D OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY ❑ JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY $ (Ea acckleni ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ ( ) — HIRED NON -OWNED AUTOS ONLY AUTOS ONLY FKUI'I=KIYUA AGE: (Peraccidenl) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMSMADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION y - AND EMPLOYERS' LIABILI Y Y / N /� STATUTE I ER 4NY PROPRIETOR/PARTNER/EXECUTIVE A XFICER/MEMBER EXCLUDED? U N /A SWC1285095 E.L. EACH ACCIDENT $ 05/05/2020 05/05/2021 1,000,000 M 'andatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 tf yes, describe under ) ESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDEN CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 130 S Main Street A "Oit-4, Ve-a, 211137q Lake Elsinore CA 92530 ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF MERCURY Policy Number: BA040000014095 o"' INSURANCE Effective Date: 04/24/2020 Amended Declarations: Delete Driver(s) This policy change has resulted in a decrease in premium of $1,369.00 This declarations supersedes any previous declarations bearing the same number for this policy period BUSINESS AUTO DECLARATIONS For resolving issues or other information you can contact your agent or Mercury using the below phone numbers: Issued By: California Automobile Insurance Company P.O. Box 10730 Santa Ana, CA 92711 -0730 Billing: (888) 637 -2176 Claims: (800) 503 -3724 ITEM ONE Agent: R DAVID BULEN INSURANCE 40750 SYMPHONY PARK LN STE 101 MURRIETA, CA 92562 Agent Number: 044032 Agent Phone: (951) 674 -0675 GENERAL INFORMATION Named Insured: ROBBINS PEST MANAGEMENT, INC Mailing Address: 117 S Main St, Ste A Lake Elsinore, CA 92530 -4172 Policy Period: From 04/10/2020 to 04/10/2021 at 12:01 AM Standard Time at your mailing address Business Type. Pest Control Business Category: Services Form of Business: Corporation Total Policy Premium: $5,686.28 This policy may be subject to final audit. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. ENDORSEMENTS ATTACHED TO THIS POLICY IL 00 17 1198 - Common Policy Conditions IL 00 2109 08 - Nuclear Energy Liability Exclusion IL 00 03 09 08 - Calculation of Premium CA 00 0110 13 - Business Auto Coverage Form CA 01 21 10 13 - Limited Mexico Coverage CA 0143 05 17 - California Changes IL 02 70 09 12 - California Changes - Cancellation and CA 23 94 10 13 - Silica or Silica Related Dust Exclusion IL N 119 10 15 - California Auto Body Repair Consumer Bill of MCA85100817 -CA - Mercury Broadening Endorsement MCA650CW1215 - Transportation Network and Livery MCANONFAC0516 - Permanently Attached Non - Factory MCA20760112 - Exclusion of Named Driver CA 2154 10 13 - California Uninsured Motorists Coverage - MDS030817 -CA Page 1 of 4 04/24/2020 12:01 AM PT DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF m 0 a 0 0 N 0 Policy Number: BA040000014095 Effective Date: 04/24/2020 MERCURY INSURANCE ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos ". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage. Coverages Coverage Premium Symbol The Most We Will Pay For Any One Accident Or Loss 1 $1,000,000 CSL Liability $4,405 i Medical Payments i Uninsured Motorists Bodily 2 $1,000,000 CSL $512 Injury Uninsured Motorists Rejected Property Damage Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Deductible Shown in ITEM THREE For Each Covered Comprehensive 7 Auto, But No Deductible Applies To Loss Caused By Fire $132 Or Lightning. See ITEM FOUR For Hired Or Borrowed Autos. Actual Cash Value Or Cost Of Repair, Whichever Is Less, Specified Causes of Loss Minus Deductible Shown in ITEM THREE For Each Covered Auto For Loss Caused By Mischief Or Vandalism. See ITEM FOUR For Hired Or Borrowed Autos. Actual Cash Value Or Cost Of Repair, Whichever Is Less, Collision 7 Minus Deductible Shown in ITEM THREE For Each Covered $183 Auto. See ITEM FOUR For Hired Or Borrowed Autos. Premium For ITEM FOUR (Hired Auto Coverage) $100.00 Premium For ITEM FIVE (Non- Ownership Liability) $174.00 Premium For Endorsements $175.00 Miscellaneous Fees and Expense California Consumer Services and Fraud Program Fees $5.28 $5,686.28 Total Policy Premium MDS030817 -CA Page 2 of 4 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF Policy Number: BA040000014095 Effective Date: 04/24/2020 MERCURY INSURANCE ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN Covered Auto No. Description Body Type VIN Garaging Loss Payee City ST Zip Code 1 1997 FORD RANGER Light Trucks 1FTCR10U9VU864777 Lake Elsinore CA 92530 2 2004 FORD RANGER Light Trucks 1FTZR44U94PA39782 Lake Elsinore CA 92530 3 2000 FORD RANGER -V6 Pickup 1FTYR14V5YPA98529 Lake Elsinore CA 92530 3 $1,475 $172 Covered Auto No. Radius (In Miles) Vehicle Use Business Use *Stated Amount Non - Factory Equipment Limit Loss Payee 1 Up to 100 Miles Business Service Auto No. Liability Premium Payments Premium Damage 2 Up to 100 Miles Business Service $1,465 1 $170 3 Up to 100 Miles Business Service $1,465 $0 $170 1 1 $500 $132 3 $1,475 $172 * Stated Amount coverage lists your vehicle's actual cash value, including the actual cash value of any Non - Factory Equipment permanently attached to the vehicle that you disclose to us, and is the most we will pay for a loss. Non - Factory Equipment coverage is subject to a sub -limit shown on the Declarations. Be sure to check the Stated Amount and Non - Factory Equipment sub -limit at every renewal in order to receive the best value from your Mercury Business Auto policy. Covered Auto No. Specified Causes Of Loss COVERAGES, PREMIUMS, LIMITS, AND DEDUCTIBLES (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM Deductible Premium TWO column applies instead.) Covered Limit Per Occurrence Auto Medical UM Bodily Injury UM Property Comprehensive Auto No. Liability Premium Payments Premium Damage 2 $1,635.00 Premium Premium Deductible Premium 1 $1,465 1 $170 3 3 2 $1,465 $170 1 1 $500 $132 3 $1,475 $172 Covered Auto No. Specified Causes Of Loss Collision CDW Premium Roadside Assistance Deductible Premium Deductible Premium Limit Per Occurrence Premium 1 2 $1,635.00 2 $500 $183 1 1 3 3 $1,647.00 Covered Auto No. Rental Reimbursement Auto Loan /lease Gap Premium Audio Visual & Data Equipment Total Vehicle Premium Maximum Payment Each Covered Auto Premium Limit Premium 1 $1,635.00 2 1 1 1 1 $1,950.00 3 $1,647.00 MDS030817 -CA Page 3 of 4 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF Policy Number: BA040000014095 Effective Date: 04/24/2020 TOTAL PREMIUMS MERCURY INSURANCE Liability $4,405 Medical Payments FRANCES MCDONOUGH Uninsured Motorists Bodily Injury $512 Uninsured Motorists Property Damage DENNIS WILSON Collision Deductible Waiver Comprehensive $132 Specified Causes of Loss Collision $183 Roadside Assistance Rental Reimbursement Loan /Lease Gap Audio, Visual and Data Electronic Equipment ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS m Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent 0 from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by N motor carriers of property or passengers. 0 0 Estimated Liability Coverage Physical Damage Coverage Total ITEM Annual FOUR Cost Of Hire Premium Limit Of Insurance Premium Premium Actual Cash Value Or Cost Of Repair, If Any $100 Whichever Is Less, Minus $500 Deductible $100 For Each Covered Auto. I _L ITEM FIVE SCHEDULE FOR NON - OWNERSHIP LIABILITY Number Of Employees (Including Volunteers) 0 -10 ADDITIONAL INFORMATION Discounts • Auto Pay - EFT Discount • Multi -Line Total ITEM FIVE Premium $174 Driver Information Listed Drivers Excluded Drivers FRANCES MCDONOUGH GEORGE MCDONOUGH JANINE MCDONOUGH DENNIS WILSON Other Endorsements Broadening Endorsement MDS030817 -CA Page 4 of 4 Premium $175 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF Policy .Number.: BA040000014095 Effective Date: 04/10/2020 MERCURY INSURANCE ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN Covered Auto No. Description Body Type VIN Garaging Loss Payee City ST Zip Code 1 1997 FORD RANGER Light Trucks 1FTCR10U9VU864777 Lake Elsinore CA 92530 2 2004 FORD RANGER Light Trucks 1FTZR44U94PA39782 Lake Elsinore CA 92530 3 2000 FORD RANGER -V6 Pickup 1FTYR14V5YPA98529 Lake Elsinore CA 92530 Covered Auto No. Radius (In Miles) Vehicle Use Business Use *Stated Amount Non - Factory Equipment Limit Loss Payee 1 Up to 100 Miles Business Service 1 2 Up to 100 Miles Business Service 2 3 Up to 100 Miles Business Service $0 3 * Stated Amount coverage lists your vehicle's actual cash value, including the actual cash value of any Non - Factory Equipment permanently attached to the vehicle that you disclose to us, and is the most we will pay for a loss. Non - Factory Equipment coverage is subject to a sub -limit shown on the Declarations. Be sure to check the Stated Amount and Non - Factory Equipment sub -limit at every renewal in order to receive the best value from your Mercury Business Auto policy. COVERAGES, PREMIUMS, LIMITS, AND DEDUCTIBLES (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies instead.) Auto Medical UM Property Comprehensive Auto No. Premium I Covered Liability Premium Payments I UM Bodily injury Damage Premium Premium Deductible Premium 1 $1,920 $170 2 $1,920 $170 $500 $132 3 $1,933 $172 Covered Auto No. Specified Causes Of Loss Collision CDW Premium Roadside Assistance Deductible Premium Deductible Premium Limit Per Occurrence Premium 1 2 $500 $239 3 Rental Reimbursement Audio Visual & Data Equipment Covered Auto Loan /Lease Total Vehicle Auto No. Maximum Payment Gap Premium Premium Each Covered Auto Premium Limit Premium 1 _ $2,090.00 2 $2,461.00 3 $2,105.00 MDS030817 -CA Page 3 of 4 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF a 0 0 M O n N 0 Policy Number: BA040000014095 Effective Date: 04/10/2020 ,AoMERCURY INSURANCE TOTAL PREMIUMS Liability $5,773 Medical Payments Excluded Drivers Uninsured Motorists Bodily Injury $512 Uninsured Motorists Property Damage Collision Deductible Waiver Comprehensive $132 Specified Causes of Loss Collision $239 Roadside Assistance Rental Reimbursement Loan /Lease Gap Audio, Visual and Data Electronic Equipment ITEM FOUR SCHEDULE OF "HIRED OR BORRO'WE'D COVERED AUTO COVERAGE AND PR'E'MIUMS Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Estimated Annual Cost Of Hire If Any ITEM FIVE Number Of Employees (Including Volunteers) Liability Coverage Physical Damage Coverage Premium Limit Of Insurance i Actual Cash Value Or Cost Of Repair, $100 Whichever Is Less, Minus $500 Deductible Fnr Fach Cnvered Auto. SCHEDULE FOR NON - OWNERSHIP LIABILITY 0 -10 ADDITIONAL INFORMATION Discounts • Multi -Line • Auto Pay - EFT Discount Total ITEM FOUR Premium Premium Total ITEM FIVE Premium $174 $100 Driver Information Listed Drivers Excluded Drivers FRANCO ORLANDI GEORGE MCDONOUGH FRANCES MCDONOUGH JANINE MCDONOUGH DENNIS WILSON Other Endorsements Premium Broadening Endorsement $175 MDS030817 -CA Page 4 of 4 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: ROBBINS PEST MANAGEMENT Business Location: 117 S MAIN ST 2 LAKE ELSINORE, CA 92530 Owner Name(s): GEORGE MCDONOUGH ROBBINS PEST MANAGEMENT 16514 MOUNTAIN ST LAKE ELSINORE, CA 92530 -1792 CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 007707 Business Type: SERVICE /PEST CONTROL Issue Date: 7/1/2019 Expiration Date: 6/30/2020 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F EXHIBIT C ORIGINAL AGREEMENT [ATTACHED] EXHIBIT C DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL) Robbins Pest Management, Inc. Pest Control Services This Agreement for Contractor Services (On -Call) (the "Agreement ") is made and entered into as of July 1, 2018 by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Robbins Pest Management, Inc., a Pest Management provider ( "Contractor "). RECITALS A. The City has determined that it requires the following services: monthly interior and exterior pest control services at multiple City building and parks. B. The Contractor has submitted to City a quote, dated 7/1/2018 which is attached hereto as Exhibit A (collectively, the "Contractor's Proposal ") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on -call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 1 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of 12- months commencing on July 1, 2018 and ending on June 30, 2019. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) additional twelve 12 -month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Fifty Thousand dollars ($50,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1 st of a particular year and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be based on the Los Angeles- Riverside - Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5 %). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 2 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 3 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and /or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 4 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 5 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. 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 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount of one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 6 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability under the Commercial General Liability and Automobile liability coverages arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with blanket endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 7 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Robbins Pest Management, Inc. Attn: George D. McDonough 16514 Mountain Street Lake Elsinore, CA 92530 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controllinq Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 8 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non - payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 9 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation DocuSigned by: Sf toy 4, ACity Manager ATTEST: D++ocuSignedd by: jt1�lL /'I. �OrirPiY1. 9CPj&k29C1433— APPROVED AS TO FORM: DocuSigned by: ara. (,uwa Attachments: Exhibit A — Contractor's Proposal Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 "CONTRACTOR" Robbins Pest Management, Inc. a California contractor DocuSigned by: ES6A91 ESSFD445 - By: eorge D. McDonough Its: President Date: 9/14/2018 1 9:43 AM PDT Page 10 DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E226410F .■ CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF IN City of Lake Elsinore 130 S. Main Street Lake Elsinore, Ca 92530 ROBBINS PEST MANAGEMENT INC July 1, 2018 16514 M0UN7AJN STREET L- i ELSIN ? _. CA. 92530 Thank you for giving Robbins Pest Management Inc. the opportunity to submit a bid for pest control services for the below City buildings and City Parks The monthly service fee for each of the below listed buildings is $30.00 each, for interior and exterior treatments. Public Works (Offices and Warehouse) Historical Society Tiny Tots Centennial Station Cultural Center City Hall Community Center Senior Center City Hall Annex City Park Restrooms The monthly service is performed on Saturdays, for the employees safety, and include any additional services during the month if needed. The service is for general pest control (ants, spiders, earwigs, mice, rats etc.). The monthly service fee for each fire station (Mc Vcker, Rosetta Canyon and Canyon Hills) is $35.00 and cover the same general pests. Pest control services for the La Laguna Campground for gophers and squirrels will be performed on a bi- weekly basis for $300.00 per visit. The service covers the entire campground and will prevent the massive destruction seen in 2016. All of the above services will be performed on a same day /next day basis. Pests creating a public safety issue (bees, wasps, fleas, fire ants, squirrels etc.) will be treated within one hour of notice, seven days a week. Services at the City Parks will be priced at $65.00 trip charge, plus $65.00 per hour. We can supply the City for monthly service estimates for each park but recommend a "per call' basis since some parks may not need attention each month. We have been located in Lake Elsinore for nineteen years and are bonded and insured. We also hold a General Pest Control License, an Agricultural QAL license and the required restricted materials permits. DocuSign Envelope ID: 2C2780E2- 75A9- 41F1- 8EC2- 20F5E22641OF Please advise me should require any additional information. Regards, George D. Mc Donough Robbins Pest Management, Inc. (951) 255 -6118 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL) Robbins Pest Management, Inc. Pest Control Services This Amendment No. 1 to Agreement for Contractor Services ( "Amendment No. 1 ") is made and entered into as of July 1, 2019 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Robbins Pest Management, Inc., a Pest Management provider ( "Contractor "). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2018 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed Ten Thousand dollars ($50,000) per fiscal year which included the Campground, Fire Stations, City facilities and City parks. C. The term of the Original Agreement was for twelve (12) months and allows the City to extend the term on a 12 -month basis, not to exceed three (3) additional 12 -month renewals. D. The parties now desire to extend the term of the agreement; amend the scope of services to include Launch Pointe Recreation Destination & RV Park and increase compensation by $5,000 for a not to exceed amount of $55,000 for FY19 -20 as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: Section 1, Scope of Services of there Original Agreement is hereby amended to the following: Contractor shall perform the services and related work as described in Contractor's Proposal (Exhibit A — Original Agreement and Exhibit B — Amendment No. 1). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A — Original Agreement and Exhibit B — Amendment No. 1), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a week, on -call support on an as needed basis. 2. Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2019 and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed two (2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 3. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A to the Original Agreement and Exhibit B to Amendment No. 1). In no event shall Contractor's compensation related to Exhibit A to the Original Agreement and Exhibit B to this Amendment No. 1 exceed Fifty Five Thousand dollars ($55,000) for FY 2019 -2020 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A to the Original Agreement and Exhibit B to Amendment No. 1 shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation DocuSigned by: aAa Ups 'Gr-6RYffW,FCity Manager Date:7/26/2019 1 8:49 AM PDT ATTEST: DocuSigned by: eftWN `clerk APPROVED AS TO FORM: iDocuSigned by: a.v6r& (,ul�oa YASASfap�Q9SAF4�C . Attachments: Exhibit B — Contractor's Proposal Exhibit C — Original Agreement "CONTRACTOR" Robbins Pest Management, Inc. a California contractor DocuSigned by: y:1111141CU61te D. McDonough Its: President Date: 7/24/2019 1 8:52 AM PDT DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 .■ C CONTRACTOR PROPOSAL [ATTACHED] EXHIBIT B DocuSign Envelope ID: 403D1B95 -A5A3- 464E- A22A- F45D3F890959 ROBBMS PEST MANAGEMENT INC. 16514 MOUNTAIN STREET jLww IIri ctIwnRF_ CA 92530 MR. MATT WOODS JUNE 18,2019 LAUNCH POINTE RECREATION LAKE ELSINORE, CA. 92530 DEAR MR. WOODS, AS YOU REQUESTED, THE FOLLOWING IS A BREAKDOWN FOR GENERAL PEST CONTROL SERVICES AT THE LAUNCH POINTE FACILITY QUOTE 06182019 RODENT CONTROL SERVICE (26) $300.00 EACH $7,800 INSECT SPRAYING (26) $280.00 EACH $7,280 ADDITIONAL HOURS (90) $100.00 EACH $9,000 TOTAL $24,080 BOBBINS PEST MANAGEMENT INC.IS FULLY LICENSED, INSURED AND BONDED, COPIES OF ALL CURRENT LICENCES AND INSURANCE POLICIES HAVE BEEN SUBMITTED TO THE LAKE ELSINORE PURCHASING DEPARTMENT. IN ADDITION TO THE REQUIRED GENERAL PEST CONTROL LICENSE, WE ALSO HAVE AN AGRICULTURAL LICENSE WHICH ALLOWS US TO APPLY RESTRICTED MATERIALS TO CONTROL GOPHERS SQUIRRELS, BEES AND FIRE ANTS. PLEASE ADVISE US IF YOU REQUIRE ANY ADDITIONAL INFORMATION. REGARDS, GEORGE D. MC DONOUGH ROBBINS PEST MANAGEMENT INC. DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 EXHIBIT C ORIGINAL AGREEMENT [ATTACHED] EXHIBIT C DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL) Robbins Pest Management, Inc. Pest Control Services This Agreement for Contractor Services (On -Call) (the "Agreement ") is made and entered into as of July 1, 2018 by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Robbins Pest Management, Inc., a Pest Management provider ( "Contractor "). RECITALS A. The City has determined that it requires the following services: monthly interior and exterior pest control services at multiple City building and parks. B. The Contractor has submitted to City a quote, dated 7/1/2018 which is attached hereto as Exhibit A (collectively, the "Contractor's Proposal ") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on -call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 1 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of 12- months commencing on July 1, 2018 and ending on June 30, 2019. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) additional twelve 12 -month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Fifty Thousand dollars ($50,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1 st of a particular year and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be based on the Los Angeles- Riverside - Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5 %). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 2 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 3 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and /or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 4 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 5 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. 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 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount of one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 6 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability under the Commercial General Liability and Automobile liability coverages arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with blanket endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 7 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Robbins Pest Management, Inc. Attn: George D. McDonough 16514 Mountain Street Lake Elsinore, CA 92530 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 8 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non - payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 9 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation DocuSigned by: 179� SfemtoYA@a4, ACity Manager ATTEST: D++ocuSignedd by: jN/}t4Y1. /'I. �04WPiY1. 9Cjt7 ff9C1433... APPROVED AS TO FORM: jDoSgned by: aVWrx , , a i AffOl tf c... Attachments: Exhibit A — Contractor's Proposal Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 "CONTRACTOR" Robbins Pest Management, Inc. a California contractor DocuSigned by: E86A91 E85FD445 . By: eorge D. McDonough Its: President Date: 9/14/2018 1 9:43 AM PDT Page 10 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 ROBBINS PEST MANAGEMENT INC 16514 MOUNTAIN STREET L- i E7..SINORE. CA. 92530 City of Lake Elsinore 130 S. Main Street Lake Elsinore, Ca 92530 July 1, 2018 Thank you for giving Robbins Pest Management Inc. the opportunity to submit a bid for pest control services for the below City buildings and City Parks The monthly service fee for each of the below listed buildings is $30.00 each, for interior and exterior treatments. Public Works (Offices and Warehouse) Historical Society Tiny Tots Centennial Station Cultural Center City Hall Community Center Senior Center City Hall Annex City Park Restrooms The monthly service is performed on Saturdays, for the employees safety, and include any additional services during the month if needed. The service is for general pest control (ants, spiders, earwigs, mice, rats etc.). The monthly service fee for each fire station (Mc Vcker, Rosetta Canyon and Canyon Hills) is $35.00 and cover the same general pests. Pest control services for the La Laguna Campground for gophers and squirrels will be performed on a bi- weekly basis for $300.00 per visit. The service covers the entire campground and will prevent the massive destruction seen in 2016. All of the above services will be performed on a same day /next day basis. Pests creating a public safety issue (bees, wasps, fleas, fire ants, squirrels etc.) will be treated within one hour of notice, seven days a week. Services at the City Parks will be priced at $65.00 trip charge, plus $65.00 per hour. We can supply the City for monthly service estimates for each park but recommend a "per call' basis since some parks may not need attention each month. We have been located in Lake Elsinore for nineteen years and are bonded and insured. We also hold a General Pest Control License, an Agricultural QAL license and the required restricted materials permits. DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 Please advise me should require any additional information. Regards, r George D. Mc Donough Robbins Pest Management, Inc. (951) 255 -6118 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 CERTIFICATE OF LIABILITY INSURANCE DATEIMINOW, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIQNAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME; Sonia Rosales Pipeline Insurance General Agency - San Diego PN 0045 A1C, Nn w): 619884 FAX NoI: 1330 Orange Ave. AODRE8s: srosales @pipelineinsurance.com Suite 321 INSURERISI AFFORDING COVERAGE NAIC # Coronado CA 92118 INSURER A : SECURITY NATL INS CO 19879 INSURED INSURER B: Robbins Pest Management, Inc INSURER C: 117 S Main Street INSURER D: INSURER E: LAKE ELSINORE CA 92530 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cU 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 ACaR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 02/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heather Buchanan NAME, Pacific Alliance Insurance Brokerage ENE (877)505 -5310 FAx Firth pIC, Ne License #OH27230 E-MAIL hbuchananapacallins.com ADDRESS: P 0 BOX 3947 INSURER(S) AFFORDING COVERAGE NAIC 0 Fresno CA 93650 INSURER A : Markel Insurance Company 38970 INSURED INSURER B: Robbins Pest Management Inc INSURER C : 16514 Mountain St INSURER D : INSURER E; Lake Elsinore CA 92530 INSURER F : COVERAGES CFRTIFfCATF NIItIMRFR- 19 -20 GUPOLL RFVISIAN NIINIRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. City Of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. fLTR TYPE OF INSURANCE INSD WVD POLICY NUMBER NIM/DDY� POLICY IYYYY LIMITS AUTHORIZED REPRESENTATIVE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR IIEZ -ry e EACH OCCURRENCE $ 2,000,000 PREMISES Eaoocurrence $ 100,000 `X( MEDEXP (An onewson) $ 5,000 Herbicide/PesticideApplicator PERSONAL &ADV INJURY $ 2,000,000 A PCG2002817604 03/13/2019 03/13/2020 GGEEN'LAGGREGATE LIMITAPPLIES PER: POLICY ❑ PRI F—] JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP /OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COM9INEDSiNGLE LIMIT Ea accid $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS H BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY r PROPERTY DAMAGE Peraccfdent $ i $ I - UMBRELLA LU1B OCCUR HCLAIMS-MADE - EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DID RETENTION $ $ _ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L EACH ACCIDENT $ (Mandatory in NH) If yes, describe under E L DISEASE - FA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as additional insured with respects to the General Liability per the attached endorsement MGL1220 0415. cni Irm j%tr- r1%JLur_n UANULLLA11UN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 120 S. Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore CA 92530 IIEZ -ry e ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 403DI B95 -A5A3- 464E- A22A- F45D3F890959 MERCURY Policy Number: BA040000014095 4/ INSURANCE Effective Date: 04/10/2019 0 0 0 m 0 ro N O 0 TOTAL PREMIUMS Liability $5,436 Medical Payments Uninsured Motorists Bodily Injury $510 Uninsured Motorists Property Damage Collision Deductible Waiver Comprehensive Premium Limit Of Insurance $242 Specified Causes of Loss Collision $551 Roadside Assistance If Any Rental Reimbursement Whichever Is Less, Minus $500 Deductible Loan /Lease Gap $100 Audio, Visual and Data Electronic Equipment ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Estimated Annual Cost Of Hire Liability Coverage Physical Damage Coverage Total ITEM FOUR Premium Premium Limit Of Insurance Premium DENNIS WILSON Actual Cash Value Or Cost Of Repair, If Any $100 Whichever Is Less, Minus $500 Deductible $100 For Each Covered Auto. ITEM FIVE SCHEDULE FOR NON - OWNERSHIP LIABILITY Number Of Employees (Including Volunteers) I Total ITEM FIVE Premium 0 -10 ADDITIONAL INFORMATION Discounts • Multi -Line • Auto Pay - EFT Discount $174 Driver Information Listed Drivers Excluded Drivers FRANCES MCDONOUGH GEORGE MCDONOUGH JANINE MCDONOUGH DENNIS WILSON STEVEN INGRAM Other Endorsements Premium Broadening Endorsement $175 MCADS030817 -CA Page 4 of 4 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 Policy Number: BA040000014095 Effective Date: 04/10/2019 'AMERCURY oo," INSURANCE ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN Covered Auto No. Description Body Type VIN Garaging City ST Zip Code 1 1997 FORD RANGER Light Trucks 1FTCR10U9VU864777 Lake Elsinore CA 92530 2 2004 FORD RANGER Light Trucks 1FTZR44U94PA39782 Lake Elsinore CA 92530 3 2007 FORD RANGER REGULAR Light Trucks 1FTYR10U97PA92616 Lake Elsinore CA 92530 F-_ Covered Auto No. Radius (In Miles) Vehicle Use Business Use *Stated Amount Non - Factory Equipment Limit Loss Payee 1 Up to 100 Miles Business Service $1,982.00 2 2 Up to 100 Miles Business Service $2,398.00 3 3 Up to 100 Miles Business Service $2,359.00 F-_ * Stated Amount coverage lists your vehicle's actual rash VaIUP., Incluaing the actual casn value or any won- ractory rquipmenL permanency attached to the vehicle that you disclose to us, and is the most we will pay for a loss. Non - Factory Equipment coverage is subject to a sub -limit shown on the Declarations. Be sure to check the Stated Amount and Non - Factory Equipment sub -limit at every renewal in order to receive the best value from your Mercury Business Auto policy. COVERAGES, PREMIUMS, LIMITS, AND DEDUCTIBLES (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies instead.) Covered Auto Medical UM Bodily Injury UM Property Comprehensive Liability Premium Payments Damage Auto No. Premium Premium Premium Deductible Premium 1 $1,812 $170 2 $1,812 $170 $500 $127 3 $1,812 $170 $500 $115 Specified Causes Of Loss Collision CDW Roadside Assistance Covered - Auto No. Deductible Premium Deductible Premium Premium Limit Per Premium Occurrence 1 2 $500 $289 3 $500 $262 I Covered Auto No. Rental Reimbursement Auto Loan /Lease Audio, Visual, & Data Equipment Gap Premium Limit Premium Total Vehicle Premium Maximum Payment Each Covered Auto Premium 1 $1,982.00 2 $2,398.00 3 $2,359.00 MCADS030817 -CA Page 3 of 4 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 Policy Number: BA040000014095 Effective Date: 04/10/2019 0 0 N 0 MERCURY INSURANCE ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos ". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage. Coverages Coverage Limit Premium Symbol The Most We Will Pay For Any One Accident Or Loss $5,436 Liability 1 $1,000,000 CSL Medical Payments $1,000,000 CSL Uninsured Motorists Bodily 2 $510 Injury Rejected Uninsured Motorists Property Damage ry Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Deductible Shown in ITEM THREE For Each Covered Comprehensive 7 Auto, But No Deductible Applies To Loss Caused By Fire $242 Or Lightning. See ITEM FOUR For Hired Or Borrowed Autos. Actual Cash Value Or Cost Of Repair, Whichever Is Less, Specified Causes of Loss Minus Deductible Shown in ITEM THREE For Each Covered Auto For Loss Caused By Mischief Or Vandalism. See ITEM FOUR For Hired Or Borrowed Autos. Actual Cash Value Or Cost Of Repair, Whichever Is Less, Collision 7 Minus Deductible Shown in ITEM THREE For Each Covered $551 Auto. See ITEM FOUR For Hired Or Borrowed Autos. Premium For ITEM FOUR (Hired Auto Coverage) $100.00 $174.00 Premium For ITEM FIVE (Non- Ownership Liability) Premium For Endorsements $175.00 Miscellaneous Fees and Expense California Consumer Services and Fraud Program Fees $5.28 MCADS030817 -CA Page 2 of 4 Total Policy Premium I $7,193.28 DocuSign Envelope ID: 403D1 B95 -A5A3- 464E- A22A- F45D3F890959 MERCURY Policy Number: BA040000014095 / INSURANCE Effective Date: 04/10/2019 Renewal Declarations BUSINESS AUTO DECLARATIONS For resolving issues or other information you can contact your agent or Mercury using the below phone numbers: Issued By: California Automobile Insurance Company P.O. Box 10730 Santa Ana, CA 92711 -0730 Billing: (888) 637 -2176 Claims: (800) 503 -3724 ITEM ONE Agent: R. DAVID BULEN INSURANCE# P.O. BOX 115 LAKE ELSINORE, CA 92531 Agent Number: 044032 Agent Phone: (951) 674 -0675 GENERAL INFORMATION Named Insured: ROBBINS PEST MANAGEMENT, INC Mailing Address: 117 S Main St, Ste A Lake Elsinore, CA 92530 -4172 Policy Period: From 04/10/2019 to 04/10/2020 at 12:01 AM Standard Time at your mailing address Business Type: Pest Control Business Category: Services Form of Business: Corporation Total Policy Premium: $7,193.28 This policy may be subject to final audit. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. ENDORSEMENTS ATTACHED TO THIS POLICY IL 00 17 1198 - Common Policy Conditions MCA20760112 - Exclusion of Named Driver IL 00 2109 08 - Nuclear Energy Liability Exclusion CA 2154 10 13 - California Uninsured Motorists Coverage - IL 00 03 09 08 - Calculation of Premium CA 00 0110 13 - Business Auto Coverage Form CA 01 21 10 13 - Limited Mexico Coverage CA 0143 05 17 - California Changes IL 02 70 09 12 - California Changes - Cancellation and CA 23 94 10 13 - Silica or Silica Related Dust Exclusion IL N 119 10 15 - California Auto Body Repair Consumer Bill of MCA85100817 -CA - Mercury Broadening Endorsement MCA650CW1215 - Transportation Network and Livery MCANONFAC0516 - Permanently Attached Non - Factory MCADS030817 -CA Page 1 of 4 04/10/2019 12:01 AM PT DocuSign Envelope ID: 403D1B95 -A5A3- 464E- A22A- F45D3F890959 BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: ROBBINS PEST MANAGEMENT Business Location: 117 S MAIN ST 2 LAKE ELSINORE, CA 92530 Owner Name(s): GEORGE MCDONOUGH ROBBINS PEST MANAGEMENT 16514 MOUNTAIN ST LAKE ELSINORE, CA 92530 -1792 CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 007707 Business Type: SERVICE /PEST CONTROL Issue Date: 7/1/2019 Expiration Date: 6/30/2020 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL) Robbins Pest Management, Inc. Pest Control Services This Agreement for Contractor Services (On -Call) (the "Agreement ") is made and entered into as of July 1, 2018 by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Robbins Pest Management, Inc., a Pest Management provider ( "Contractor "). RECITALS A. The City has determined that it requires the following services: monthly interior and exterior pest control services at multiple City building and parks. B. The Contractor has submitted to City a quote, dated 7/1/2018 which is attached hereto as Exhibit A (collectively, the "Contractor's Proposal ") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on -call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 1 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of 12- months commencing on July 1, 2018 and ending on June 30, 2019. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) additional twelve 12 -month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Fifty Thousand dollars ($50,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1 st of a particular year and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be based on the Los Angeles- Riverside - Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5 %). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 2 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 3 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and /or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 4 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 5 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. 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 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount of one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 6 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability under the Commercial General Liability and Automobile liability coverages arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with blanket endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 7 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Robbins Pest Management, Inc. Attn: George D. McDonough 16514 Mountain Street Lake Elsinore, CA 92530 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 8 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non - payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 Page 9 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation DocuSigned by: 179� SfemtoYA@a4, ACity Manager ATTEST: D++ocuSignedd by: jN/}t4Y1. /'I. �04WPiY1. 9Cjt7 ff9C1433... APPROVED AS TO FORM: jDoSgned by: aVWrx , , a i AffOl tf c... Attachments: Exhibit A — Contractor's Proposal Robbin Pest Management, Inc. City of Lake Elsinore 7/1/2018 "CONTRACTOR" Robbins Pest Management, Inc. a California contractor DocuSigned by: E86A91 E85FD445 . By: eorge D. McDonough Its: President Date: 9/14/2018 1 9:43 AM PDT Page 10 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 ROBBINS PEST MANAGEMENT INC 16514 MOUNTAIN STREET L- i E7..SINORE. CA. 92530 City of Lake Elsinore 130 S. Main Street Lake Elsinore, Ca 92530 July 1, 2018 Thank you for giving Robbins Pest Management Inc. the opportunity to submit a bid for pest control services for the below City buildings and City Parks The monthly service fee for each of the below listed buildings is $30.00 each, for interior and exterior treatments. Public Works (Offices and Warehouse) Historical Society Tiny Tots Centennial Station Cultural Center City Hall Community Center Senior Center City Hall Annex City Park Restrooms The monthly service is performed on Saturdays, for the employees safety, and include any additional services during the month if needed. The service is for general pest control (ants, spiders, earwigs, mice, rats etc.). The monthly service fee for each fire station (Mc Vcker, Rosetta Canyon and Canyon Hills) is $35.00 and cover the same general pests. Pest control services for the La Laguna Campground for gophers and squirrels will be performed on a bi- weekly basis for $300.00 per visit. The service covers the entire campground and will prevent the massive destruction seen in 2016. All of the above services will be performed on a same day /next day basis. Pests creating a public safety issue (bees, wasps, fleas, fire ants, squirrels etc.) will be treated within one hour of notice, seven days a week. Services at the City Parks will be priced at $65.00 trip charge, plus $65.00 per hour. We can supply the City for monthly service estimates for each park but recommend a "per call' basis since some parks may not need attention each month. We have been located in Lake Elsinore for nineteen years and are bonded and insured. We also hold a General Pest Control License, an Agricultural QAL license and the required restricted materials permits. DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 Please advise me should require any additional information. Regards, r George D. Mc Donough Robbins Pest Management, Inc. (951) 255 -6118 3 /7 /7nlR 7-RA AM TnRurAnne RPrvinpR —> 919512457379 DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 ACv�OW may. CERTIFICATE OF LIABILITY INSURANCE GATE (MMIDD/YYYY) oaro2/2o1a THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heather Buchanan NAME: Pacific Alliance Insurance Brokerage PHONE (877)505 -5310 FAX No No a E -MAIL hbuchanan@pacallins.com ADDRESS: License 9OH27230 INSURER(S) AFFORDING COVERAGE NAIC M P O Box 3947 INSURER A: Markel Insurance Company 38970 Fresno CA 93650 INSURED INSURER B: S 2,000,000 INSURER C : n Robbins Pest Management Inc INSURER D: 16514 Mountain St INSURER E PREMISE: fa occurven"I S 100,000 INSURER F' CLAIMS MADE OCCUR Lake Elsinore CA 92530 COVERAGES CERTIFICATE NUMBER: 18 -19 GL /Poll REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - INSR LTR TYPE OF INSURANCE INSD MIND POLICY NUMBER POLICY EFF MMWNVYYY POLICYF.XP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 n PREMISE: fa occurven"I S 100,000 CLAIMS MADE OCCUR MEDEXP(Anyoneperson) E 5,000 X. Herbicide /Pesticide Applicator PERSONAL EADVINJURY y 2,000,000 A PCG2002817603 03/1312018 03/1312019 GEN'LACCREGArE LIMITAPPLIES PER: GENERAL. AGGREGATE S 2,000,000 PRODUCTS - COMP /OP AGG S 2,000,000 ❑ ❑ POLICY JE(T LOC S OTHEM AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea auide nt 5 BODILY INJURY (Per person) S ANYAUTO BODILY INJURY (Per accident) S OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE ip, r actidenf S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY S UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE S I EXCESS LIAB CLAIMS -MADE DED I I RETENTION S S WORKERS COMPENSATION PER OTFb STATUTE ER AND EMPLOYERS' LIABILrrY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ­__1 N1A E L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E L, DISEASE - EA EMPLOYEE S If yes, describe under DESCRIPTION OF OPERATIONS below E -L. DISEASE - POLICY LIMIT S _T_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more space Is required) Certificate holder is included as additional insured with respects to the General Liability per the attached endorsement MGL1220 0415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 S- Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore CA 92530 I ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 08/06/2018 MON 10:36 FAX 951 674 2375 Bulen DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 0001 /001 ACQRE), CERTIFICATE OF LIABILITY INSURANCE Ill DATE 10612 IY YYY) 08/06!201 B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME, Anna Uera R. David Bulen Insurance Agency PHONE (951) 674 -0675 FAX (951) 674 -2375 P.O. Box 115 EMAIL onna@l,len.com AODRESS: INSURERS AFFORDING COVERA GE NAIC0 INSURERA, CALIFORNIAAUTOMOBILE INS CO 38342 Lake Elsinore CA 92531 -0115 INSURED INSURER B : State Compensation Ins Fund 35076 INC ROBBINS PEST MANAGEMENT INSURER C: 117 S Main St INSURER D: INSURER E: $ Ste A INSURER F Lake Elsinore CA 92530-4172 COVERAGES CERTIFICATE NUMBER: CLI85224606 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LT# TYPE OF INSURANCE S POLICY NUMBER POLICY EFF MMIDDIYYYY POLICYEXP MIODIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR M MEM 3 a ncc $ MED EXP(Anyone person)$ PERSONAL &ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE $ POLICY 1:1 PR0. F—] LOC PRODUCTS - COMPIOPAGG $ OTII[F'� AUTOMOBILE LIABILITY COMBINE D SI NGLE U M IT £e accidcm $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OW'JEG SCHEDULED AUTOS ONLY AUTOS BAC40000014095 04/10 /2018 04/10/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE PRr2 =1111 $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Broadened Coverage $ UMBRELLA LIAB HCLAIM$-MAOF OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAO DIED I I RETENTION $ $ _ _ 90231132017 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN .ANY PROPRIETORIPARTNER/EXECUTNE OFFICEPJMEMBEREXCLUDED? ❑ (Mandatory in NH) NIA 09/0512017 09/05!2018 X S7ATUT)= ER E L. EACH ACCIDENT $ 1'000' OOD E L- DISEASE - EA EMPLOYEE $ 1000' 000 If yes, descibe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (ACORD 101. Additional Remarks Schedule. maybe attached ifm ore space is required) Evidence of Insurance `30 -day notice of cancellation, except for 10-day notice of cancellation for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION ® 1988- 2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 S. Main Street AUTHORI2ED REPRESENTATIVE Lake Elsinore CA 92530 ® 1988- 2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD n A..., 1 C 1 C n1 •n'2 .. C....:.. 0.... ,. I.... DocuSign Envelope ID: FDCAA86F- 6080- 48AO- BAB4- 66BBD6EC05A3 323 - 262 -8061 p.2 N DATE tMMMW"VT) iC -- CERTIFICATE OF LIABILITY INSURANCE 5115/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT. AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW - THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(es) must have ADDITIONAL INURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the pogcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Roo of such endolaement(s). PRODUCER I Na11F. Sonia Rosales Pipeline Insurance General Agency - San Diego 1224 1 01 Street Suite 202 Coronado INSURED Robbins Pest Management, Inc 117 S Main Street 6198840045 INSURER(S) AFFOROINO COVERAGE CA 92118 INSURER A : Security National 11Is=ru;e Company INSURER B : INSURER C, INSURER D: NSURER E: LAKE ELSLVORE CA 92530 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TOCERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, MNAIC! 19879 L7Fi TYPE OF INSURANCE INBd yyVD POL.ICV NUM13ER (III11rDDuYY1'Y) (iSIW WYYYY) UMlis EACH OCCURRENCE cam mERCIAL GENERA LLIABLRY AGGREGATE S DED I I RETENTIONS EACH OCCURRENCE 5 A Ci.AIMS -MADE F-JOCCUR NIA SWC119614D 05/05.2018 05105!2019 X STAnHE I Eft PREMISES (Eaoaunancel $ ■ 1.000.000 MEDEXP( Any avrPerson) S E.LDISEASE- ?OLICYLIMff IS 1. PERSONAL 6 ADV INJURY S GENL AGGREGATE UMrrAPPLIESPER: GENERALAGGREGATE $ PRODt1CTS - CONPKJP AGG $ PCLICY aJECT EI LOC ROTHER: 5 BILE UABIUITY Eaeeci ) BODILY INJURY (Pa person) AUTO BODILY 1KRMY (Per accident) S ED SCHEDULED TAN OS ONLY I !AUTOS ED I ^I NON OWNED OS ONLY AUTOS ONLY (Per arcidela DESCRIPTION OFOPEIRAT1ONSI LOCATIONS I VEHICLE 9 (ACORD1Br,AddMionMfto srkaschoMe meybean@~Nrroeapaceismquko l SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXpinATIOri DATE THEREOF, NOTICE WILL BE DELIVERED W Robbins Pest Management, Inc ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATRIE 117 S Main Street A►waA+d0- Alee�4 0F09370 LAKE ELSTNORE, CA 92530 919BB -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/13) The ACORO name and logo are registered marks of ACORD UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE % AGGREGATE S DED I I RETENTIONS 5 A ORKERSCOMPENSATiIC14 AP40EMPLOYERS'UABLITY YIN �lY PP.DPRIETE]PJF'ARTNERrEXECUTIVE ❑ RCERWENIBEREXCLUDED7 Mdstary In NIQ Myyaaanss cw�oo under ERrrICN OF OPERA -IONS below NIA SWC119614D 05/05.2018 05105!2019 X STAnHE I Eft EL EACH ACCIDENT ■ 1.000.000 EL DISEASE - EA EMPLOYEE i 1,000,000 E.LDISEASE- ?OLICYLIMff IS 1. DESCRIPTION OFOPEIRAT1ONSI LOCATIONS I VEHICLE 9 (ACORD1Br,AddMionMfto srkaschoMe meybean@~Nrroeapaceismquko l SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXpinATIOri DATE THEREOF, NOTICE WILL BE DELIVERED W Robbins Pest Management, Inc ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATRIE 117 S Main Street A►waA+d0- Alee�4 0F09370 LAKE ELSTNORE, CA 92530 919BB -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/13) The ACORO name and logo are registered marks of ACORD DocuSign Envelope ID: FDCAA86F- 6080- 48A0- BAB4- 66BBD6EC05A3 BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: ROBBINS PEST MANAGEMENT Business Location: 117 S MAIN ST 2 LAKE ELSINORE, CA 92530 Owner Name(s): GEORGE MCDONOUGH ROBBINS PEST MANAGEMENT 16514 MOUNTAIN ST LAKE ELSINORE, CA 92530 -1792 CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 007707 Business Type: SERVICE /PEST CONTROL Issue Date: 7/1/2018 Expiration Date: 6/30/2019 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE