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HomeMy WebLinkAboutContracts & Agreements_194-2025NPS-2.2 (2/22) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of as -needed Citrus Grove Farming Services ("Agreement") is made and entered in this 7th day of October, 2025 ("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 the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform as -needed Citrus Grove Farming services for City (the "Services"). The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 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 — RESPONSIBILITIES OF CONTRACTOR 2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 1 1Acmo\Agreemerts\Lany Jacinto Farming Inc.-FY2526-041 v2.doc-jl NPS-2.2 (2/22) 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. 2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services. 3.2 City designates Tabitha Crocker, Director, 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. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term"). The City and Contractor shall have the option to mutually extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, where City shall providing written notice to and receive written acceptance from the Contractor at least thirty (30) days prior to the expiration of the Initial Tenn or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of this Agreement. 4.1 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 The compensation for Contractor's performance of the Services shall not exceed the amount of [Seven Hundred Fifty -Eight Thousand Nine Hundred Dollars] ($758,900.) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of [Seven Hundred Seventy Eight Thousand Eight Hundred and fifty Six Hundred 2 1:\cnao\Agreements\Larry Jacinto Fanning Inc.-FY2526-041 v2.doe-jl NPs-2.2 (222) Dollars] ($778,856.) for the first Extended Term and [Seven Hundred Seventy Eight Thousand, Eight Hundred Fifty Six Dollars] ($778,856.) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of [Two Million Three Hundred Sixteen Thousand, Six Hundred and Twelve Dollars (2,316,612.). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "C," titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference. In the event of significant market price increases of necessary labor, fuel, or materials, Contractor may request City approve a cost modification based off documented evidence of these cost increases. 5.2 Contractor shall submit monthly 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 performed, the number of hours spent and by whom. 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 or electronic mail transmission (including PDF), 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: CITY City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 CONTRACTOR Larry Jacinto, President Larry Jacinto Farming, Inc. PO Box 275 Mentone, CA 92359 LJacinto@LJacinto.com 909-794-2276 909-389-9541 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage 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. 1:\emo\Agreements\Laity Jacinto Farming Inc.-FY2526-041 v2.doc-jl NPS-2.2 (2/22) A. 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 that Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. 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. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; 4 11emo\Agreements\Larry Jacinto Farming Inc.-FY2526-041 v2.doc-jl NPS-2.2 (2/22) (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 malting 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 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. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any 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. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, 5 E\cn o\Agreements\Larry Jacinto Fanning Inc.-FY2526-041 v2.doc-jl NPS-2.2 (2/22) estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. CITY �O/F�RED_LAND By`N '� ` Mario Sauc d� o, Mayor ATTEST: 7e Donaldson, pity Clerk 6 1Acmo\Agreements\Larry Jacinto Farming Inc.-FY2526-041 v2.doc-jl NPS-2.2 (2/22) EXHIBIT "A" SCOPE OF SERVICES ➢ RODENT CONTROL: Provide labor required to irradicate rodents from citrus groves. ➢ COMMERCIAL FERTILIZER APPLICATION: Analyze soil and trees to provide and apply appropriate fertilizer based on need. ➢ CHEMIGATION LABOR: Pesticide/Fertilizer application via irrigation injection. Analyze soil and trees to apply necessary pesticides and fertilizers via injection through the irrigation system. ➢ HERBICIDE APPLICATION: Provide labor, supervision, and equipment necessary to apply pre and post emergent herbicides to prevent weed growth in the groves. ➢ THRIP SPRAY: Provide labor, supervision, and equipment necessary to effectively control thrips in the groves. ➢ GIBBERELLIC ACID APPLICATION: Provide labor supervision, and equipment necessary to apply gibberellic acid to regulate fruit growth and maturation. ➢ FROST CONTROL: Provide labor, supervision, and equipment necessary for the application of appropriate chemicals to reduce frost exposure of groves. ➢ ACP TREATMENT: Provide labor, supervision, and equipment necessary for the required treatment against the Asian Citrus Psyllid. ➢ PCA REPORTING: Provide required PCA reporting on behalf of the City of Redlands. ➢ HEDGING & TOPPING: Hedge and/or top the citrus trees to maintain the most efficient size and shape for maximized production by use of a mechanical hedger/topper machine (cost to include operator). ➢ BRUSH CHOPPING: Chopping of brush as needed by use of mechanical chopping machine (cost to include operator). ➢ MANUAL GROVE FARM LABOR: As needed for weeding, irrigation repairs, brush stacking, suckering, etc. as needed to maintain the groves. ➢ SPECIALIZED MANUAL FARM LABOR: As needed for irrigation repairs and skirting and other pruning activities requiring a specialized skill set. • GROVE FARM LABOR INCLUDING THE OPERATION OF POWER EQUIPMENT: When operating small power equipment such as chainsaw, string trimmer, skirting clippers, etc. ➢ CHEMICALS & MATERIALS: To be billed at cost plus the agreed upon percentage markup. 7 I'.\cmo\AgreementsTarry Jacinto Farming Inc: FY252G-041 Y2.doo-jl THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT "B" This bond was issued in two (2) original counterparts rrrs-2.2 (2/22) Bond No.101498184 Premium: $5,528.00 Whereas, the City of Redlands, State of California, and Larry Jacinto Farming, Inc. (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to provide Citrus Farming Services (the "Work"), which said agreement, dated October 7„ 2025, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Written dollar amount* Dollars ($758,900.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. *Seven Hundred Fifty -Eight Thousand Nine Hundred and 001100 It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on September 24th , 2025. (Seal and Notarial Acknowledgment of Surety) (SEAL) Merchants Bonding Oompany (Mutual) (Surety) BY: (Signature) Dwight Reilly, Attorney -in -Fact Address: 6700 Westown Parkway West Des Moines IA 50266 Telephone(800) 678-8171 8 I:\cmo\Agreements\Larry Jacinto Farming, Inc.-FY2526-041.dcc-jl ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 09/24/2025 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureA � t`/�`°.�`���(r) (Seal) Melissa Ann Vaccaro SI MEUWAANNVACCARO COMM.#2401942 m K s' Notary Public-Oalifornla 0 ORANGE COUNTY u „ My Comm. Expires May 12, 2026 e DH�,r Bond No. 101498184 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the Slate of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Adrian Langrell; Arturo Ayala; Ben Stang; Benjamin Wolfe; Chelsea Liberatore; Daniel Huckabay; Dwight Reilly; Frank Morons; Magdalena R Wolfe; R Nappi; Robert Wood; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 25th day of August , 2025 MERCHANTS BONDING COMPANY (MUTUAL) oR ��p400Nfigd �, 1.�opptNbF�,` MERCHANTS NATIONAL BONDING, INC. AOH9p A y o ai YL y o 4 0� a° Q�iFogy y . MERCHANTS NATIONAL INDEMNITY COMPANY n� 3933 $ 2003 j.Q �j V'`yr�, ` caa:• b�`.Y .bah �A`•• ggt By STATE OF IOWA COUNTY OF DALLAS as. On this 25th day of August 2025 , before me appeared Larry Taylor, to me personally known, who being by me duly swam did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their.respective Boards of Directors. ,4 s� Penni Mitter 2canmr5�n Nmmbj 787952 a MY LOmmissronfixPiresa_ ddrWY 2k 3QR7 (Expiration of notary's commission Notary Public does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF - ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness WhI creof, I have hereunto set my hand and affixed the seal of the Companies on this 24th day of September , 2025 O'sy1Na 00 A S10N Ll iy , 9r �P q4 e a \o!u. 'Vol+ •22Vo9M 1933 r'v. 2D0$ Secretary POA 0018 (5/25) NPS-2.2 (2/22) EXHIBIT "C" ("Fee Schedule/ Price and Fee Bid") YEAR ONE Item No. Brief Description Quantity Hourly or Acre Rate.'- Total Price in Figures Al Rodent Control 300 Hours $ 60.00 $18,000.00 A2 Commercial Fertilizer Application 200 Hours $135.00 $27,000.00 A3 Chemigation Labor (Pesticide/Fertilizer Application via irrigation injection) 300 Hours $150.00 $45,000.00 A4 Herbicide Application 400 Acres $150.00 $60,000.00 A5 Thrip Spray 200 Acres $225.00 $45,000.00 A6 Gibberellic Acid Application 50 Acres $190.00 $ 9,500.00 A7 Frost Control 200 Acres $220.00 $44,000.00 A8 ACP Treatment 200 Acres $205.00 $41,000.00 A9 PCA Reporting (monthly) 2400 Acres $ 14.00 $33,600.00 A10 Hedging and/or Topping of Citrus Trees w/Mechanical Hedger/Topper (with operator) 300 Hours $195.00 $58,500.00 All Brush Chopping with Mechanical Chopping Machine (with operator) 300 Hours $185.00 $55,500.00 Al2 Manual Grove Farming Labor 300 Hours $ 60.00 $18,000,00 A13 Specialized Manual Grove Farming Labor 300 Hours $ 68.00 $20,400.00 A14 Power Equipment Operation Grove Farming Labor 300 Hours $ 78.00 $23,300.00 A15 Materials Mark Up $200,000.00 %30 $ 260,000.00 TOTAL FOR YEAR ONE $ 758,900.00 9 I:\cmo\Agrccmcnts\Larry Jacinto Farming Inc.-FY2526-041 v2.doc-jl NPS-2.2 (2122) YEAR TWO Item No. Brief Description Quantity Hourly or Acre Rate Total Price in Figures Al Rodent Control 300 Hours $ 62.40 $18,720.00 A2 Commercial Fertilizer Application 200 Hours $140.40 $28,080.00 A3 Chemigation Labor (Pesticide/Fertilizer Application via irrigation injection) 300 Hours $156.00 $46,800.00 A4 Herbicide Application 400 Acres $156.00 $62,400.00 A5 Thrip Spray 200 Acres $234.00 $46,800.00 A6 Gibberellic Acid Application 50 Acres $197.60 $ 9,880.00 A7 Frost Control 200 Acres $228.80 $45,760.00 A8 ACP Treatment 200 Acres $213.20 $42,640.00 A9 PCA Reporting (monthly) 2400 Acres $ 14.56 $34,944.00 A10 Hedging and/or Topping of Citrus Trees w/Mechanical Hedger/Topper (with operator) 300 Hours $202.80 $60,840,00 All Brush Chopping with Mechanical Chopping Machine (with operator) 300 Hours $192.40 $57,720.00 Al2 Manual Grove Farming Labor 300 Hours $ 62.40 $18,720.00 A13 Specialized Manual Grove Farming Labor 300 Hours $ 70.72 $21,216.00 A14 Power Equipment Operation Grove Farming Labor 300 Hours $ 81.12 $24,336.00 A15 Materials Mark Up $200,000.00 % 30 $ 260,000.00 TOTAL FOR YEAR TWO $ 778,856.00 10 I:\cmo\Agreements\Larry Jacinto Farming Inc.-FY2526-041 v2.doc-1 NPS-2,2 (222) YEAR THREE Item No. Brief Description Quantity Hourly or Acre Rate Total Price in Figures Al Rodent Control 300 Hours $ 62.40 $18,720.00 A2 Commercial Fertilizer Application 200 Hours $140.40 $28,080.00 43 Chemigation Labor (Pesticide/Fertilizer Application via irrigation injection) 300 Hours $156.00 $46,800.00 A4 Herbicide Application 400 Acres $156.00 $62,400.00 A5 Thrip Spray 200 Acres $234.00 $46,800.00 A6 Gibberellic Acid Application 50 Acres $197.60 $ 9,880.00 A7 Frost Control 200 Acres $228.80 $45,760.00 A8 ACP Treatment 200 Acres $213.20 $42,640.00 A9 PCA Reporting (monthly) 2400 Acres $ 14.56 $34,944.00 A10 Hedging and/or Topping of Citrus Trees w/Mechanical Hedger/Topper (with operator) 300 Hours $202.80 $60,840.00 All Brush Chopping with Mechanical Chopping Machine (with operator) 300 Hours $192.40 $57,720.00 Al2 Manual Grove Farming Labor 300 Hours $ 62.40 $18,720.00 A13 Specialized Manual Grove Farming Labor 300 Hours $ 70.72 $21,216.00 A14 Power Equipment Operation Grove Farming Labor 300 Hours $ 81.12 $24,336.00 A15 Materials Mark Up $200,000.00 % 30 $ 260,000.00 TOTAL FOR YEAR THREE $ 778,856.00 11 I:\cmo\Agreements\Larry Jacinto Farming Inc.-FY2526-041 v2.doc-jl NPS-2.2 (2/22) EXHIBIT "D" 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. CHECI{ ONE —ZI 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 § 1861). 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 this certificate are true and correct. LARRY JACINTO FARMINQ, INC. Date: 4all�0 12 1:5emo41greements%any Jacinto Farming ❑rc.-FY2526-041 v2.doc-jl