Final Contract.pdf

3099 E. Washington Ave. PO Box 7925 Madison, WI 53707 Phone: (608) 240-5000 doc.wi.gov

C O N T R A C T

Services/ Commodity: Pest Control Services

Contract Period: The Contract shall commence and be effective as of the date when all parties hereto have affixed their respective signatures below and shall continue in effect for a period of three years from that date with two 1-year renewal options through November 30, 2025 by mutual agreement between the Contractor and the Department of Corrections.

Reference Number: CAW7952

Contract Number: 410014-M21-CAW7952-PIG-01

I. DEFINITIONS:

Agency: Office, department or agency or other body in state government created by the constitution or any law, including the legislature and the courts but not including an authority.

Clean invoice: Invoice completed according to terms of the contract and Section 11 of the Standard Terms and Conditions.

Contractor: Successful vendor or provider awarded the contract.

County: A region created by territorial division for the purpose of local government.

DAI: Division of Adult Institutions, administers all adult state correctional incarceration facilities with administrative offices at DOC Central Offices, 3099 E Washington Ave., Madison, WI 53704.

DJC: Division of Juvenile Corrections, operates two juvenile correctional institutions and supervises some delinquent youth in the community with administrative offices at DOC Central Office, 3099 E. Washington Ave., Madison, WI 53704

DOA: Department of Administration has statutory authority [WI Stats. Chapter 16] to define, regulate and delegate all aspects of procurement of services and commodities for state agencies.

DOC: Wisconsin Department of Corrections, also referred to as the department or the DOC headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI 53704.

IPM: IPM is a coordinated approach to pest control to integrate pest management planning with preventive maintenance on using the least toxic material possible by the most cost-effective means.

Prison: A correctional institution where persons are confined after being convicted of a crime.

State: State of Wisconsin.

Subcontractor: Subcontractor is a person who is awarded a portion of an existing contract by a principal or general contractor.

Third Party: Refers to a person or entity who is not a party to this contract.

Vendor: An awarded bidder which supplies a service or commodity to the Department of Corrections.

II. RELATIONSHIP BETWEEN PARTIES

A. December 1, 2020 November 30, 2023 with two 1-year renewals by and between the State of Wisconsin Department of Corrections, whose principal business address is 3099 East Washington Ave., P.O. Box 7925, Madison, WI 53707- Wil- Kil Pest Control, 2803 Capital Dr., Suite 3, Sun Prairie, WI 53590 in effect with automatic renewals for the next two consecutive years (December 1, 2023 November 30, 2025) unless terminated by either party as described in Section XI.

B. The DOC employee responsible for administration of this Contract will be Colleen Ward, Procurement Specialist Senior 3099 East Washington Ave., P.O. Box 7925, Madison, WI 53707-7925. In the event that the Contract Administrator is unable to administer this agreement, DOC will contact Contractor and designate a new Contract Administrator.

III. CONTRACT AUTHORITY

This Contract is entered under the authority of Wis. Stats.16.75 and Wis. Adm. Code Chapter Adm. 10.

Contract # CAW7952

IV. STATEMENT OF DELIVERABLES

A. The Contractor shall provide all professional pest control/elimination services including labor, materials, pesticides, tools, equipment, transportation, insurance, permits and fees necessary to accomplish pest inspection and control service program (on a monthly basis), using Integrated Pest management (IPM) procedures, for the control of cockroaches, ants, silverfish, Asian beetles, rats, mice, bats, flies, wasps, hornets, spiders, and other such vermin. The purpose of this pest control program is to limit the necessity for use of chemicals in controlling the above-mentioned pests.

B.

C. The contractor shall provide free callback pest control applications for emergency treatment at no cost to the State, which may arise between scheduled visits. This shall apply if a pest problem is not controlled after an application has been made, and if requests are for control or extermination of pests or rodents listed in the contract. Maximum response time for call back service shall be 24 hours of notice to service requests.

D. All technicians/applicators must be State of Wisconsin certified for commercial application of pesticides. Chemicals used shall be EPA approved and meet all applicable EPA, FDA and USDA safety regulations and standards. The State desires that the amount and toxicity of chemicals used shall be the minimum required for adequate pest control and that all applications minimize potential danger to people adequate pest control and that all applications minimize potential danger to people and damage to the facility/premises. Contractor shall provide each location with Safety Data Sheets for each of the chemicals used on the premises.

E.

shall be numbered and shall state where they are located. Traps shall be cleaned as necessary. Poisonous rodent bait shall not be deployed anywhere on the grounds without expressed consent of the Facility Manager or other authorized staff at each facility.

F. Contractor shall check and record the chemicals used in logbooks where they are utilized. Contractor must alert the authorized staff to any sanitation deficiencies. The deficiencies must be noted on the logbook. Service slips must be signed by the Building and Grounds Superintendent building staff and one copy left with them.

G. Exterior spraying should include only those areas specified by authorized staff. There should be no routine spraying of materials or preventative use of rodenticide. Control should be maintained with the use of such items as exterior permanent stations, snap traps, gel-based bait material.

H. Contractor is responsible for removing from the premises grain baits, glue boards and any other items that are not needed to support ongoing service. Method of live and dead animal removal techniques and equipment will be discussed at each facility as needed. This includes but is not limited to mice, rats, raccoons, squirrels, opossum, bats, etc.

I. No baseboard spraying shall be used in food service areas. Crack, crevice and void treatment are the only permissible treatments in food service areas. No exposed grain baits are to be used in building exteriors. No rodenticides to be used in food service areas.

J. The Contractor shall provide a cost breakdown for additional treatment(s) due to unusual or compelling circumstances of pest control outside of the monthly service and return visits. Such services shall be made promptly within the next business day when requested by a designated representative of the facility.

K. The Contractor shall comply with all local, State, or other legal requirements for safe use of equipment and chemicals, compliance with Federal Occupational and Health Safety Administration (OSHA) standards and requirements. No work shall be performed in any manner or location that many endanger health and safety.

L. The DOC reserves the right to negotiate with the Contractor for additional services to the Contract as needed. DOC is under no obligation to accept the additional services from the Contractor.

V. CONTRACT DOCUMENTS

Form DOA- -for Procu forth in either Form DOA-3054 or Form DOA-3681 differs or conflicts with this Contract, the term, condition, or Contract provision determined by the DOC to be the more favorable to the DOC in any given situation shall govern and control. Copies of Forms DOA-3054 and DOA-3681 are available upon request from the DOC Procurement Office.

VI. CONTRACT REVISIONS / ADDENDUMS

Any subsequent addendum to this contract must be in writing and signed by the parties.

VII. GENERAL SERVICE PROVISIONS

A. The Contractor must complete or currently have on file a facility self-survey and a program and policy self-evaluation to address compliance with the Americans with Disability Act of 1990 (P.L. 101-336), as amended by the ADA Amendments Act of 2008 (P.L. 110-325) including any regulation, title or Act amendments thereto existing now and as further amended. During the course of the Contract, the Contractor must take action to comply with the facility, program and employment provisions of the Americans with Disability Act. Contractors may obtain information on the Americans with Disability Act by contacting the Director, Office of Diversity and Employee Services, Wisconsin Department of Corrections, 3099 E. Washington Ave., P.O. Box 7925, Madison, WI 53707.

B. Contractor may not subcontract, refer to outside/community resources, or assign any part or obligations of this

Contract without the prior written consent of DOC. If DOC approves, Contractor is responsible for having subcontracts in place to provide service to the subcontracted agencies under this Contract. Contractor retains responsibility for fulfillment of all terms and conditions of this Contract when it enters into sub contractual agreements.

C. This Contract and the performance of the parties' obligations hereunder will be governed by and construed and enforced in accordance with the laws of the State of Wisconsin, other than any conflict-of-laws provisions thereof that would otherwise require the application of the law of any other jurisdiction. Contractor consents to personal jurisdiction in the State of Wisconsin. The venue for any action hereunder shall be in Dane County, Wisconsin.

D. No waiver by either party of any default hereunder shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Contract.

E. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and said provision shall continue to apply to the extent allowed by said court or, if not so allowed, be deemed severed from this Contract entirely.

F. Contractors are prohibited from responding to legal or legislative matters as a representative of DOC. All legal or legislative i an appropriate response.

G. The parties hereto agree that Contractor, its officers, agents, and employees, in the performance of this Contract shall act in the capacity of an independent Contractor and not as an officer, employee, or agent of the DOC. Contractor agrees to take such steps as may be necessary to ensure that each of its subcontractors will be deemed to be an independent Contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of DOC. Furthermore, neither DOC nor Contractor will represent itself as the agent or legal representative of the other or as partner or joint venturers for any purpose whatsoever, and neither shall have any right to create or assume any obligations of any kind, express or implied, for or on behalf of the other in any way whatsoever.

H. Any and all notices or other communications necessary or desirable to be given hereunder will be deemed given and received when personally delivered, delivered prepaid same-day or overnight delivery service, proof of delivery requested, or deposited in U.S. certified or registered mail, postage prepaid, return receipt requested, addressed as follows:

(i) If to DOC:

Wisconsin Department of Corrections Colleen Ward, Procurement Specialist Senior 3099 E. Washington Ave.

P.O. Box 7925 Madison, WI 53707

(ii) If to Contractor:

Wil-Kil Pest Control Jerry Bradley 2803 Capital Dr., Suite 3 Sun Prairie WI 53590

VIII. PAYMENT TERMS AND INVOICING

Contractor will be paid for services as detailed in Exhibit 1. Invoices must be sent to each individual institution or facility for services provided and indicated on their purchase order. No invoices should be sent to DOC Central Office as a single point of payment, since this is the responsibility of each institution business office to pay for their own services.

The DOC must meet a statutory mandate to pay or reject invoices within 30 days of receipt by DOC Account Payable. Before payment is made, DOC must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that contractor invoices be clean and complete in conformity with the instructions below. All invoices must be itemized showing:

Contractor name Remit to address Service location(s) Product description/services provided Purchase order number (purchase orders will be provided to the Contractor by each institution/facility) Dates and approximate time of service Prices per the Contract

Invoices shall be submitted on a monthly basis for services provided.

ten notice to the Contractor of the deficiency. If the Contractor fails to correct the deficiency by the identified date, the DOC may, m availing Contractor of other legal or equitable remedies.

IX. REPORTING AND AUDITING

A. Contractor shall comply with the reporting and auditing requirements of DOC including, without limitation, the requirement that Contractor retain all documents applicable to the Contract for a period of not less than six (6) years after the final Contract payment is made. Any required reports shall be forwarded to the Contract Administrator according to the schedule of DOC. If Contractor does not submit the forms as required, DOC may cease all payments for Services to Contractor under this Contract.

B. DOC may require, at its discretion that Contractor provide an audit covering all DOC funds paid pursuant to the

Contract. In the event that Contractor fails to comply with a DOC audit request including all follow-up requests for information pertaining to said audit, DOC reserves the right t completing the same will be charged back to Contractor. Contractor agrees to retain and make available to DOC all program and fiscal records until the audit and, if necessary, subsequent audit resolution processes have been completed.

C. Contractor agrees to inform DOC within three (3) working days of any inquiry from outside entities regarding a participant, former participant or the program provided under this Contract. This includes requests for information from the media, legislature, local officials, neighbors and participant's family members. Nothing in this Contract prohibits the Contractor from freely communicating with any entity regarding the program or participants to the extent allowed by confidentiality requirements.

X. INSURANCE REQUIREMENTS

Throughout the term of this Contract and any renewal periods, Contractor shall maintain insurance in the types and with the limits outlines below. Policies must be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin with a minimum AM Best Company rate of A-, and signed by an authorized agent. The Contractor shall provide a Certificate of Insurance to the Contract Manager, prior to the Contract start date or the commencement of services.

Statutory Requirements $100,000 each accident $500,000 disease-policy liability limit $100,000 disease-policy liability limit for each employee

Commercial General Liability $1,000,000 each occurrence of bodily injury and property damage $1,000,000 general aggregate, including product liability and completed operations

Automobile Liability (covering all owned, non-owned and hired vehicles)

$1,000,000 per occurrence combined single limit for liability and property damage

The certificate holder: Wisconsin Dept. of Corrections 3099 E. Washington Ave.

Madison, WI 53707

Prior to the expiration date of each policy, the Contractor will provide a renewal certificate evidencing continued insurance coverage. Renewal certificates may be emailed to DOCPurchasingHelpDesk@wisconsin.gov . Please reference the solicitation number or contract number in your email.

XI. CANCELLATION AND TERMINATION

This Contract may be terminated or cancelled under any of the conditions included in this Section.

A. TERMINATION FOR CONVENIENCE

written notice to the Contractor.

In the event of a termination for convenience, the Contractor shall be entitled to receive compensation for completed services rendered under the Contract.

B. TERMINATION FOR CAUSE

If the Contractor breaches this Contract, the DOC shall provide the Contractor written notice of the breach and a discretion for repeated breaches and may result in immediate termination of the Contract.

The Contractor may terminate this Contract, with cause, by notifying DOC in writing within thirty (30) days after

. The notice shall include a complete description of the noncompliance. If the DOC does not, within forty-five (45) days after its receipt of the noncompliance, then the Contractor may terminate the Contract by providing DOC written notice ninety (90) days in advance of the intended date of termination.

C. CONTRACT CANCELLATION

1. DOC reserves the right to cancel this Contract in whole or in part without penalty, and without notice, if the

Contractor:

a. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;

b. Makes an assignment for the benefit of creditors;

c. Fails to maintain and keep in force all required insurance, permits and licenses as provided in this

Contract;

d.

Information; or

e. Performs in a manner that threatens the health or safety of a State employee, offender, citizen, or customer.

2.

notice, if the Contractor:

a. Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes;

b. Incurs a delinquent Wisconsin tax liability;

c. Fails to submit a non-discrimination or affirmative action plan as required;

d. Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the

Wisconsin

e. Becomes a state or federally debarred Contractor.

XII. EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT

A. The contents of this contract (including all attachments) and additional terms agreed to, in writing, by DOC and the Contractor shall become part of the contract.

B. The following priority for contract documents will be used if there are conflicts or disputes:

State of Wisconsin Standard Terms and Conditions State of Wisconsin Supplemental Standard Terms and Conditions Final Signed Contract including amendments Official State of Wisconsin Purchase Order Exhibit 1 - Price Sheet for Contract CAW-7952 DOC Rider; and Other exhibits/attachments

In WITNESS THEREOF, the undersigned authorized officers have subscribed their names on behalf of the parties to this Contract.

Kevin Jeffery, Wil-Kil Pest Control Date

Kevin A. Carr, Secretary Date