HomeMy WebLinkAboutContracts & Agreements_2-2017AGREEMENT FOR IRRIGATION AND CITRUS PLANTING SERVICES
This agreement for the provision of irrigation and citrus tree planting of the Riverview
Citrus Grove ("Agreement") is made and entered in this 3rd day of January, 2017 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City)" and Larry Jacinto
Farming, Inc. ("Contractor"). City and Contractor are sometimes individually referred to herein as
a "Party" and, together, as "Parties." In consideration of the mutual promises contained herein,
City and Contractor agree as follows:
ARTICLE I — ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform irrigation and citrus tree planting services for
the City's Riverview Citrus Grove located at Orange Street and Riverview Street in the
City of Redlands (the "Services"),
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONTRACTOR
2.1 The irrigation and citrus tree planting services which Contractor shall perform are more
particularly described in Contractor's Scope of Services for "Planting and Irrigation of
West Riverview Citrus Grove" project ("Services") which are attached hereto as Exhibit
"A," and incorporated herein by this reference.
2.2 Contractor shall perform if needed, additional services necessary for the irrigation and
planting of West Riverview Citrus Grove. The scope of services shall include disking the
soil, rough grading, planting of 600 new trees, and installing a new and efficient irrigation
system.
2.3 Contractor shall comply with applicable federal, state and local laws and regulations in the
performance of this agreement including, but not limited to State prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Chris Boatman, as City's representative with respect to performance of the
Services, and such person shall have the authority to transmit instructions, receive
information, interpret and define City's policies and decisions with respect to performance
of the Services.
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ARTICLE 4 -- PERFORMANCE OF SERVICES
4.1 The Services shall commence within six (6) months of the Effective Date of this
Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor's performance of the Services shall not exceed the
amount of $70,300 for the term of the agreement as specified in Exhibit "B" which is
attached hereto and incorporated herein by this reference.
5.2 Contractor shall submit invoices to City describing the Services performed during the
preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were perforated, the number of hours spent and by whom,
and a description of reimbursable expenses related to the project. City shall pay Contractor
no later than thirty (30) days after receipt and approval by City of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first
class, certified, registered or express mail; in each case properly posted and fully prepaid
to the appropriate address set forth below, or such other address as a Party may provide
notice in accordance with this section:
C
Chris Boatman
Quality of Life Director
City of Redlands
35 Cajon Street, Suite 222
P.O. Box 3005 (mailing)
Redlands, CA 92373
Contractor
Larry Jacinto
President
Larry Jacinto Farming, Inc.
955 Wabash Ave.
Redlands, CA 92374
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration
of its performance of the Services. Contractor shall not perform any Services unless and
until the required insurance listed below is obtained by Contractor. Contractor shall provide
City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (30) days prior written notice
to City.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to City
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(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City or
for any subdivision thereof.
B. Does not serve in a staff capacity with City and, in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same duties
for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302.
7.3 In the event City officially determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Contractor in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole risk.
8.4 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall have
control over the conduct of Contractor or Contractor's employees, except as herein set
forth. Contractor shall supply all necessary tools and instrumentalities required to perform
the Services. Assigned personnel employed by Contractor are for its account only, and in
no event shall Contractor or personnel retained by it be deemed to have been employed by
City or engaged by City for the account of, or on behalf of City. Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent, nor shall Contractor have any authority, express or implied, to bind City to any
obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however, this Agreement
may be terminated by City, in its sole discretion, by providing not less than ten (10) days
prior written notice to Contractor of City's intent to terminate; this Agreement may be
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in
confirmation of this Agreement.
CITY OF REDLANDS COT
By. By:
Mayor
ATTEST:
JOKne Donaldson, City Clerk
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EXHIBIT "A"
Scope of Services
Light grading, planting of six hundred (600) Washington Navel orange trees and installation of drip
irrigation lines at the West Riverview Grove in Redlands, California, located at the end of Riverview Dr.,
and adjacent to Orange St.
The work generally includes, but is not limited to:
• Purchasing of Washington Navel Orange Trees from a City -approved citrus nursery with a one-
year guarantee after written acceptance from City
• Rough Grading and Soils Testing
• Weed removal
• Planting +- Six Hundred (600) Washington Navel Orange trees
• Drip irrigation installation per specifications
• Maintenance for a period of 30 days after trees are planted with written acceptance from City
• Provide tree wraps, ridomil and lorsban granulars down the tree, wrap on each new tree
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
{a} By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
{b} By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
V/ I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 186 1).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in thi�rtificate are true and correct.
Larry Jacinto F
Date: 12-1—liv
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