4-Attachment B.pdf

Scope of Work Attachment B

#SB26-4 Pest Control Services

1. Purpose

The purpose of this State of Utah Cooperative Contract is to provide a multiple contract portfolio for Pest Control Services to Eligible Users in the State of Utah. This includes the State of Utah’s government departments, institutions, agencies, political subdivisions (e.g., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, agencies of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts. This contract does not guarantee any sales.

2. Background and Anticipated Services

a. Background: Current State Cooperative Contracts for Pest Control Services are heavily relied upon by multiple Agencies, Divisions, and Schools for the professional services and solutions offered. The total contract usage from 2021-2025 was $1.5 Million. Below are the percentage of users of the current contracts over the past four years.

General Pest Control Contracts Usage State Agencies 47 % Higher Education 35 % K-12 Schools 15 % Other Eligible Users 3 % Wildlife and Bird Control Contracts Usage State Agencies 48 % K-12 Schools 40 % Higher Education 11 % Other Eligible Users 1 %

b. Anticipated Services: Contractors will offer general pest extermination, bird deterrents, wildlife control, and all pest control-related solutions. Awarded Contractors must be properly licensed and permitted to provide all necessary labor, equipment, chemicals, and supplies to create a pest-controlled environment. These services include one or both categories listed below. Any awarded contract may be modified to incorporate new technology or technological upgrades related to the Scope of Work throughout the term of the contract.

Category #1 General Pest Control General Pest (beetles, spiders, earwigs, roaches, ants, box elder bugs, basic rodent, etc.), Termite & Mosquito

Category #2 Wildlife and Bird Control Wildlife (raccoon, squirrel, bats, rattlesnakes, etc.), Bird Deterrent Solutions

3. Scope of Work

A. Category Requirements

Category #1 General Pest Control

1) The Contractor’s staff on-site, administering chemicals, must be licensed for the commercial application of pesticides by the Utah Department of Agriculture and Food, and the Company must currently be licensed and/or permitted correctly to offer all services. Proof of Licensure will be required before contracts are awarded.

2) The Contractor must only use pesticides registered by the Environmental Protection Agency, The Utah Department of Agriculture and Food, and other governmental agencies having authority in this field.

3) The Contractor must adhere to all pesticide label requirements, laws, and regulations in accordance with the Utah Pesticide Control Act (Utah Code Annotated: Title 4 Chapter 14) and Utah Pesticide Control Rule (R68-7).

4) The Contractor must be able to provide Material Safety Data Sheets (MSDS) for each chemical used.

Category #2 Wildlife and Bird Control

5) Wildlife Pest and Bird Control staff must have a Utah Certificate of Registration (COR) from the Division of Wildlife Resources (DWR) to possess, trap, or remove wildlife.

6) Proof of Certificate will be required before contracts are executed.

7) The Contractor must have the proper authorization and documents (State and/or Federal) to quote any services that are requested to trap, handle, and move protected species or active nests of native birds.

8) Jurisdictional Management Differentiation: Contractors must differentiate between species under State (DWR) authority and those under Federal (USFWS) authority (listed below).

9) Federal Management and Permitting: The collection, possession, or importation of the following species is prohibited without first obtaining a Utah COR, a federal permit from the U.S. Fish and Wildlife Service (USFWS), and an entry permit from the Department of Agriculture and Food (if importing):

a. State Managed Species (DWR Authority): Includes resident game and non-game species such as Raccoons, Squirrels, Rattlesnakes, Coyotes, and Black Bears. Control of these species is governed by Utah Administrative Code R657.

b. Federally Managed Species (USFWS Authority): Includes all species protected under the Migratory Bird Treaty Act (MBTA) and the Endangered Species Act (ESA).

c. Migratory Birds: Native birds (e.g., Hawks, Owls, Swallows, Waterfowl) and their active nests and any species of migratory birds protected under the Migratory Bird Treaty Act.

d. ESA-Listed Species: Species such as the Utah Prairie Dog or Mojave Desert Tortoise and any species determined by the USFWS to be endangered or threatened pursuant to the federal Endangered Species Act.

10) Permit Compliance: Lethal control, trapping, or nest relocation of Federally managed species requires a Federal Depredation Permit in addition to state authorization. Invasive species such as European Starlings, House Sparrows, and Rock Pigeons are not federally protected and may be managed under state and local regulations.

B. Ordering and Quotes

1) Contractor’s entire catalog of goods and services, that relate to the scope of work and category awarded, is available under this contract.

2) Before requested services begin, the Contractor must submit a scope of work or itemized service/pricing list to the Eligible User for approval. This submission must include service labor rates, any contractual discounts, the contract number, and completion/delivery date agreement, and all parties’ signatures.

3) Eligible Users do not need the Division of Purchasing to be involved with purchases from these contracts.

C. Customer Service and Accounts

1) The Contractor must ensure a Company Representative can respond to inquiries within 24 business hours and assign one person to handle all concerns related to returns, quality, and orders from this contract.

2) Contractor must not require the Eligible User to sign any agreement or application that contains additional terms and conditions.

4. Pricing Information

1) Percentage Discounts:

a. The Contractor may offer a percent (%) discount from general public pricing on any of their goods or services, in which case, the % discount is for the life of the contract and is considered a minimum discount. A source must always be available for the Eligible Users to verify % discounts. No price increase amendment is needed, as general public pricing is used.

b. New, relevant, and additional products or services, along with their associated pricing, may be added anytime to the contract through the Division of Purchasing without requiring a formal amendment process.

2) Price Adjustments:

a. If a percentage discount (4.1above) on products and services is not offered, then a formal pricing sheet is required, all pricing and rates are guaranteed for at least 12 months, and the prices listed are considered maximum pricing. After the price guarantee period is over, the Contractor may submit a formal request to Amend the contract pricing if the following conditions are met:

i. The request is made at least 30 days in advance.

ii. The price adjustment must not produce a higher profit margin than the original contract pricing

iii. The request includes a thorough market analysis (e.g. data from the Producer Price

Index) or documentation with objective data from the Contractor’s suppliers of materials or products pricing adjustments.

b. New, relevant, and additional products or services, along with their associated pricing, may be added quarterly to the contract through the Division of Purchasing and will require a formal amendment process.

3) Mileage Fees: The Contractor may only assess mileage as travel charges to an Eligible User when the designated job site is located more than 40 miles from the Contractor’s nearest business location. Mileage rates, if applicable, must be clearly identified on the Cost Sheet and quote provided to the Agency prior to the commencement of services. Distances under 40 miles are considered inclusive of the standard service labor rates.

The Division of Purchasing Contract Manager has the right to approve or deny any price adjustment requests.