HomeMy WebLinkAboutContracts & Agreements_106-2016 AGREEMENT FOR NON-PROFESSIONAL SERVICES
This agreement for the provision of farming services ("Agreement") is made and entered
into this 24th day of May, 2016 ("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 "Pavy" 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 retains Contractor to perform farming services at Community Facility
District 2004-1 specified by City's Quality of Life Department(the"Services").
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses
required for the performance of the Services, and shall not be debarred pursuant to Labor
Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are more particularly described in
Exhibit"A,"which is attached hereto and incorporated herein by this reference.
2.2 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, and 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 perform 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.
2.3 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.
2.4 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 18I5. 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 I775
and 1.813.
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2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 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.
2.8 Contractor shall guarantee the Services against defective materials or workmanship for a
period of (1) year from the date of City's issuance of a Notice of Completion for the
Services, except where longer warranty periods are specifically provided by manufacturer of
equipment installed in connection with the provision of the Services. During the (1) one
year warranty period, should Contractor fail to remedy defective material and/or
workmanship, or to make replacements within five (5) days after written notice by City, it is
agreed that City may make such repairs and replacement and the actual cost of the required
labor and materials shall be chargeable to and payable by Contractor or his surety.
All work which has been rejected by City, shall be remedied, or removed and replaced by
the Contractor at its own expense. Any defective material or workmanship which may be
discovered before final acceptance of the Services or within (1) one year from the
completion date specified in the Notice of Completion, shall be corrected immediately by
Contractor at its own expense notwithstanding that such defects may have been overlooked
in previous inspections and estimates. Failure to inspect work at any stage shall not relieve
the Contractor from any obligation to perform sound and reliable work as herein described.
It is Contractor's responsibility to deliver at the time of final acceptance a completed project
that complies in all details with this Agreement.
City will endeavor to locate any errors or defective materials or workmanship and call them
to the attention of Contractor prior to subsequent work being performed. However, City is
under no obligation to do so and shall not be held liable because errors or defective material
or workmanship by Contractor are not discovered prior to subsequent work.
Nothing in this section shall be construed to limit the rights of City to immediately correct
conditions which may be unsafe or which may pose a public health nuisance. Should said
conditions later be found to be caused by defective material and/or workmanship, Contractor
and its surety shall reimburse City for costs reasonably incurred while attending the
situation.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written
"Notice to Proceed."
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3.2 The term of the Agreement shall be for a period of two (2) years commencing on the
Effective Date of this Agreement.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor Ten Thousand Four Hundred Eighty Two Dollars each year for
a period of two (2) years for a the total sum of Twenty Thousand Nine Hundred Sixty
Four Dollars ($20,964).
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt
and approval of Contractor's invoice, by warrant payable to Contractor.
4.3 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:
City: Contractor:
Christopher Boatman Larry Jacinto
Quality of Life Department Larry Jacinto Farming, Inc.
City of Redlands P.O Box 275
35 Cajon Street, Suite 222 Mentone, California 92374
P.O. Box 3005 (mailing)
Redlands, CA 92373
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 All insurance required by this Agreement shall be maintained by Contractor throughout
Contractor's performance of the Services, and shall be primary with respect to City and
non-contributing to any insurance or self-insurance maintained by City.
5.2 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 that Contractor is self-insured or exempt from the workers' compensation laws of
the State of California. Contractor shall provide City with Exhibit B" entitled "Workers'
Compensation Insurance Certification," which is attached hereto and incorporated herein
by this reference prior to performance of the Services.
5.3 Contractor shall secure and maintain in force throughout its performance of the Services
comprehensive general liability insurance, with carriers acceptable to City, with
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minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggrezn
gate for public liability, property damage and personal injury.
City shall be named as an additional insured and the insurance policy shall include a
provision prohibiting modification of coverage limits or cancellation of the policy except
upon thirty (30) days prior written notice to City. A certificate of insurance and
endorsements shall be delivered to City prior to commencement of the Services.
5.4 Contractor shall secure and maintain in force throughout its performance of the Services
business automobile liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit for bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles
used for the Services, hired and non-owned vehicles, and employee non-ownership
vehicles. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the
policy except upon thirty (30) days prior written notice to City. A certificate of insurance
and endorsements shall be delivered to City prior to commencement of the Services.
5.5 Contractor shall indemnify, hold harmless and defend City and its elected 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 or intentionally wrongful act or omission of Contractor, and its officers,
employees and agents, in performing the Services.
5.6 Contractor is expressly prohibited from assigning any of the work associated with the
Services without the prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Contractor shall add the assignee as an
additional insured to its insurance policies and provide City with the insurance
endorsements prior to any work being performed by the assignee. Assignment does not
include printing or other customary reimbursable expenses that may be provided for in
this Agreement.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 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 recover its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints
and negatives, desizn
gns and specifications, cost estimates, and other documents developed
by Contractor for the Services shall become the property of City and shall be delivered to
City upon completion of the Services.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with
respect to the performance of the Services and not an employee of City. All personnel
employed by Contractor to perform the Services are for its account only, and in no event
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shall Contractor or any 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. Nothing in this
Agreement shall be considered to create the relationship of employer and employee
between the Parties.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon
two (2) calendar days prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services and (2) deliver or otherwise make available to City, copies
of any data, design calculations, drawings, specifications, reports, 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 any
work completed up until notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and
any prior negotiations, proposals and agreements relating to the subject matter hereof are
superseded by this Agreement. Any amendment to this Agreement shall be in writing
and approved by City and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of'the Parties have signed in
confirmation ation of this Agreement.
ry
CITY OF REDI ANDS LARRY .1,AIN F/A16ING
By
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ATTEST:
Sam Ir ,Flrr-, C,jfy Clerk
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EXHIBIT A
SCOPE OF SERVICES
Scope of Services with task specific duty requirements for
Community Facilities District 2004-1 Citrus Belt Maintenance.
DEFINITIONS
I. REMOVAL AND REPLACEMENT OF DEAD CITRUS TREES
Sick or Dead trees must be removed as needed.
2. IRRIGATION MAINTENANCE & REPAIR
Establish time settings and intervals of irrigation water application for each value of all irrigation zones
pertaining to each location. Make changes when necessary to correspond to variable seasons and or climate
changes. Check for coverage and plugged heads. Correct conditions of over or under watering as may be
determined by scheduled visits. Repair and/or replacement for any work done on damaged and/or missing
irrigation parts exceeding a cost of $500.00 shall be submitted to the City of Redlands Quality of Life
Department for approval prior to work being done or parts being purchased. Any replacement parts pertaining
to the irrigation system shall be the same make to match with existing components specific to the location; i.e.
Hunter, Rain Bird, Superior, Sch 40 PVC fittings and pipe, etc. Citrus trees are to be watered 24 hours every
three weeks.
3. WEED CONTROL (CHEMICAL TREATMENT,MANUAL REMOVAL)
The contractor shall monitor and provide continuous weed control and shall take timely measures to treat them
with appropriate herbicide application. Applicator shall take appropriate measures and precautions while
applying various pesticides and/or herbicides to meet with all county rules and regulations.
4. PEST CONTROL
Contractor shall monitor and provide rodent and pest control primarily for gopher and ground squirrel
abatement. Contractor shall use Fumitoxin or Strychnine to effectively treat all pest/rodent infestation
problems.
5. CITRUS TREE MAINTENANCE
Minimal pruning shall be done only to enhance natural growth. Tree pruning shall be done by a licensed
contractor with the appropriate certifications for pruning. Trimming shall be done per the City of Redlands
standards; suckers removed as needed. Fallen limbs and other such tree care emergencies shall be done on an as
needed basis.
S. FERTILIZATION
Fertilization a will be conducted twice yearly unless otherwise directed by City Staff.
9. ASIAN CITRUS PSYLLID
Treat for Asian Citrus Psyllid at least twice per year.
EXHIBIT "B"
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
✓ I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against Iiability 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 7ce
jury under the laws of the State of California that the information and
representations made in ficateare true and correct.
Larry Jacinto Date:
By:
Larry Jac" to