Agenda packet — El Centro City Council, June 4, 2024 (part 1 of 2)

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, JUNE 4, 2024
City Hall Regular Meeting 11:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by June 4, 2024.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=81801520480 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Sylvia Marroquin City Manager: Cedric Ceseña
Interim Mayor ProTem:Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Edgard Garcia
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:

Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.

Agenda City Council of the City of El Centro June 4, 2024 City of El Centro Page 2

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

EXISTING LITIGATION
Closed Session pursuant to Govt. Code Section 54956.9(d)(1): Aaron Reel v.

City of El Centro (case update).

ANTICIPATED LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation by the City pursuant to Govt. Code Section 54956.9(d)(2) - 2 cases.

CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 054-310-037.

Agency negotiators: City Manager and Community Services Director Negotiating party: Rove Engineering
Under negotiation: price and terms

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

Agenda City Council of the City of El Centro June 4, 2024 City of El Centro Page 3
ROLL CALL BY CITY CLERK:

PLEDGE OF ALLEGIANCE:

INVOCATION:
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION:
6:10-6:15 (TIME MAY VARY) PUBLIC COMMENTS:

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:25 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Certificate of Recognition - El Centro FFA Agriculture Communications State Champion Team.
6:25-6:30 CONSENT AGENDA (ITEMS 2-6):

2. Approval of City Council Minutes of May 21, 2024 and Adjourned Regular meeting of May 23, 2024.

3. Authorize the City Clerk to notify each City Agency to review their code and submit a notice that either amendments are required or no amendments are necessary.

4. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF EL CENTRO, CALIFORNIA, A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER AND STATE LAW.

5. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF EL CENTRO, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF IMPERIAL TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024,

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO ELECTIONS CODE §10403.

6. Approval of Request for Proposal for Routine Janitorial Maintenance for Parks and Other Public Areas.

Agenda City Council of the City of El Centro June 4, 2024 City of El Centro Page 4
6:30-6:40 PUBLIC HEARING:

7. Public Hearing to Consider the Approval of a Rate Increase for the Collection, Transportation, Recycling, Processing, and Disposal of Solid Waste.

PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING RESOLUTION NO. 23-60 AND ESTABLISHING RATES

FOR THE INTEGRATED WASTE MANAGEMENT SERVICES INCLUDING BUT NOT

LIMITED TO THE COLLECTION, TRANSPORTATION, RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2024-2025.
6:40-7:30 NEW BUSINESS:

8. Budget Workshop Fiscal Year 2025 - General Fund.

PRESENTATION: Karla Chaparro, Director of Finance
RECOMMENDATION:

For Discussion

9. Discussion and Necessary Action to Approve Bid Documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins and Authorize the Community Services Department to go out for Bid.

PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Approve Bid Documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins and Authorize the Community Services Department to go out for Bid.

10. Discussion and Update Regarding Security Services at Bucklin Park.

PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Approve unarmed security guard at Bucklin Park.

Agenda City Council of the City of El Centro June 4, 2024 City of El Centro Page 5

11. Authorizing the Acceptance of Grant Funds from the Board of State and Community Corrections (BSCC).

PRESENTATION: Chief Robert Sawyer
RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS

FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) IN THE AMOUNT NOT TO EXCEED $28,083.31.

12. Funding from the Department of Homeland Security allocated for the 2021 Operation Stonegarden.

PRESENTATION: Chief Robert Sawyer
RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED FROM THE

DEPARTMENT OF HOMELAND SECURITY FOR OPERATION STONEGARDEN 2021.

13. Discussion and Any Necessary Action Regarding the Approval of a Project List for Fiscal Year 2024-2025 Funded by SB1: Road Repair and Accountability Act.

PRESENTATION: Abraham Campos, PE - Public Works Director / City Engineer
RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT.

14. Discussion and any necessary action regarding the cancellation or reduction of Council meetings during the summer months.

PRESENTATION: Sylvia Marroquin, Mayor
RECOMMENDATION:

Direction from City Council regarding the cancellation or reduction of Council meetings during the summer months.

Agenda City Council of the City of El Centro June 4, 2024 City of El Centro Page 6
LEGISLATIVE ACTION:

INFORMATIONAL ITEMS:

15. Old City Library Electrical Emergency Repairs.

16. Received and referred to Community Development Department, Application for Alcoholic Beverage License-Volcano Asian Restaurant InSoo Kang 445 E.

Main St., El Centro, CA 92243-2619.

17. Received and referred to Community Development Department, Application for Alcoholic Beverage License-Cinemark USA, Inc. Cinemark El Centro 3651 S. Dogwood Rd. El Centro, CA 92243-9682.
7:30-8:00 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
8:00-8:10 CITY MANAGER REPORT:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6409) DOC ID: 6409
Certificate of Recognition - El Centro FFA Agriculture
Communications State Champion Team
1 Packet Pg. 7
City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6411) DOC ID: 6411
Approval of City Council Minutes of May 21, 2024 and
Adjourned Regular Meeting of May 23, 2024.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of May 21, 2024 and Adjourned Regular meeting of May 23, 2024.

ATTACHMENTS:
· 05-21-2024 Regular CC Minutes (DOCX)
· 5-23-2024 Adj. Regular Meeting CC Minutes (PDF)
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Book 37

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, MAY 21, 2024, 6:00 PM

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, May 21, 2024 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña
ABSENT: City Attorney Martyn Evans (arrived at meeting via Zoom @ 6:30 pm) Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia and Invocation was given by Council Member Carter.

PUBLIC COMMENTS
Public comments were received by Veronica Zamora, Scott Devoy and Roger Samra.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR
* Item #2 Moved-Up by Mayor.
*2. Public Works Department Public Works Week Presentation – Abraham Campos, Public Works Director / City Engineer.

1. National Public Works Week – May 19-25, 2024, proclamation received by Abraham Campos, Public Works Director / City Engineer.

CONSENT AGENDA (ITEMS 3-9)
Moved by Carter, second by Cardenas-Singh, approving consent items # 3-9.

3. Approval of Warrant Registers for the Month of April 2024.

4. Approval of Payroll Registers for the Month of April 2024.

5. Approval of Treasurer’s Report for the Month of April 2024.

6. Approval of City Council Minutes of April 29, 2024, Special Meeting of May 7, 2024 and May 7, 2024.

7. Adoption of Resolution No. 24-37, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LEGACY RANCH) FOR FISCAL YEAR 2024/2025.

8. Adoption of Resolution No. 24-38, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF A SERVICE TRUCK FOR FACILITY MAINTENANCE DIVISION BASED UPON INFORMAL BIDS.

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Attachment: 05-21-2024 Regular CC Minutes (6411 : Approval of City Council Minutes) Book 37

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9. Adoption of Resolution No. 24-39, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF SUBPOENAS FOR CERTAIN RECORDS RELATED TO A PENDING INVESTIGATION.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

PUBLIC HEARINGS

10. This was the date and time set for a public hearing for the purpose of approving the Engineer’s Report Regarding Buena Vista Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2024/2025. Presentation by Karla Chaparro, Finance Director.

Mayor Marroquin declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Moved by Oliva, second by Garcia, adoption of Resolution No. 24-40, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, APPROVING THE ENGINEER’S REPORT

REGARDING BUENA VISTA LANDSCAPING AND LIGHTING DISTRICT AND AUTHORIZING

THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2024/2025.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

11. This was the date and time set for a public hearing for the purpose of approving the Engineer’s Report Regarding Legacy Ranch Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2024/2025. Presentation by Karla Chaparro, Finance Director.

Mayor Marroquin declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed. Council member Cardenas-Singh and Council Member Oliva had questions on the increase which Ms.

Chaparro addressed.

Moved by Garcia, second by Oliva, adoption of Resolution No. 24-41, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, APPROVING THE ENGINEER’S REPORT

REGARDING LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT AND

AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2024/2025.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

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Attachment: 05-21-2024 Regular CC Minutes (6411 : Approval of City Council Minutes) Book 37

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12. This was the date and time set for a public hearing for the purpose of approving the Engineer’s Report Regarding El Centro Town Center Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2024/2025. Presentation by Karla Chaparro, Finance Director.

Mayor Marroquin declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Moved by Oliva, second by Carter, adoption of Resolution No. 24-42, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, APPROVING THE ENGINEER’S REPORT

REGARDING EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT AND

AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2024/2025.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

NEW BUSINESS

13. Presentation by Adriana Nava, Community Services Director, rescinding Resolution No. 22-30 and approving the change of specific language.

Moved by Oliva, second by Cardenas-Singh, adoption of Resolution No. 24-43, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO RESCINDING RESOLUTION NO. 22-20

AND APPROVING THE CHANGE OF SPECIFIC LANGUAGE REGARDING THE PERSON

AUTHORIZED TO EXECUTE THE REQUIRED DOCUMENTS PERTAINING TO

APPLICATION FOR FUNDING SUBMITTED TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

14. Presentation by Adriana Nava, Community Services Director, discussion and necessary action of the approval of amendment #1 to the Agreement for Reoccurring Services with Catholic Charities for the Working Hands Workforce Development program.

Moved by Cardenas-Singh, second by Oliva, approval of Amendment No. 1 to the Agreement for reoccurring services with Catholic Charities for the Working Hands Workforce Development Program.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

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Attachment: 05-21-2024 Regular CC Minutes (6411 : Approval of City Council Minutes) Book 37

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15. Presentation by Cedric Ceseña, City Manager, request of Letter of Opposition received from the Small Business Development Center in Opposition to Proposed State Budget Cuts to Small Business Technical Assistance Program (TAP) and Capitol Infusion Program (CIP) at Go-Biz.

Moved by Oliva, second by Cardenas-Singh, ratify letter of opposition requested by the Small Business Development Center.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

LEGISLATIVE
None

INFORMATIONAL ITEMS

16. Received Old City Library Electrical Emergency Repairs report.

17. Received and referred to Community Development Department, Application for Alcoholic Beverage License – Sushi & Noodle Dava, Inc. 800 N. Imperial Ave., El Centro, CA 92243-1916.

18. Received and referred to Community Development Department, Application for Alcoholic Beverage License – Perlita’s Mexican Food LLC., 1649 W. Main St., El Centro, CA 92243-2212.

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.

CITY MANAGER REPORT
Reported on activities.

ADJOURNMENT
With no further business to be discussed, it was moved by Cardenas-Singh, second by Oliva at 7:02 p.m. to adjourn the meeting to Thursday, May 23, 2024 at 4:00 P.M. in the RDA Conference Room.

Motion unanimously carried. All Members present.
__________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor

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Attachment: 05-21-2024 Regular CC Minutes (6411 : Approval of City Council Minutes) Book 37

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ADJOURNED REGULAR MEETING

EL CENTRO CITY COUNCIL

RDA CONFERENCE ROOM
1249 MAIN STREET, EL CENTRO, CA
THURSDAY, MAY 23, 2024 4:00 P.M.

The El Centro City Council met in adjourned regular session on Thursday, May 23, 2024 at 4:03 p.m. in RDA Conference Room, 1249 Main Street, El Centro, California.

PRESENT: Council: Cardenas-Singh, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council Member: Oliva
Closed Session Public Comment
No comments

CITY COUNCIL CLOSED SESSION
Moved by Cardenas-Singh, second by Carter, to adjourn into closed session for:

EXISTING LITIGATION
Closed Session pursuant to Govt. Code Section 54956.9(d)(1): Aaron Reel v. City of El Centro.

TRADE SECRETS
The City Council will recess to closed session pursuant to Govt. Code Section 37606.1 for the purpose of discussion and/or deliberation of reports involving hospital trade secret(s) as defined therein which it would, if prematurely disclosed create a substantial probability of depriving the hospital of a substantial economic benefit including hospital facilities.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action.

ADJOURNMENT
With no further business to be discussed the meeting adjourned at 5:35 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Sylvia Marroquin, Mayor

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Attachment: 5-23-2024 Adj. Regular Meeting CC Minutes (6411 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Conflict of Interest
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6268) DOC ID: 6268
Discussion and any necessary action regarding the 2024
Conflict of Interest Code Biennial Notice.

CITY MANAGER’S RECOMMENDATION:

Authorize the City Clerk to notify each City Agency to review their code and submit a notice that either amendments are required or no amendments are necessary.

FISCAL IMPACT:

None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

The Political Reform Act requires every local government agency to review their conflict of interest biennially to determine if it accurate or if changes are needed.

DISCUSSION:

Upon review, should any conflict of interest codes require changes, notification that amendments are needed will be submitted to the City Council by October 1, 2024. Any changes to the code must be approved by City Council within 90 days of notification.

CONCLUSION:

Staff recommends City Council authorize the City Clerk to notify each City Agency to review their Conflict of Interest Code and return the completed 2024 Local Agency Biennial Notice to the City Clerk.

ATTACHMENTS:
· 2024 Local Agency Notice (PDF)
· 2024 Local Agency Notice Instructions (PDF)
3 Packet Pg. 14
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

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2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

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Attachment: 2024 Local Agency Notice (6268 : Biennial Review of Conflict of Interest Code) [email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2024 • Page 1 of 1

FAIR POLITICAL PRACTICES COMMISSION
2024 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

By July 1, 2024: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.

By October 1, 2024: The biennial notice must be filed with the agency’s code reviewing body.

The FPPC has prepared a 2024 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.

The Local Agency Biennial Notice is not forwarded to the FPPC.

If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.

If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website.

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Attachment: 2024 Local Agency Notice Instructions (6268 : Biennial Review of Conflict of Interest Code) City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Elections
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
RESOLUTION (ID # 6266) DOC ID: 6266
Resolution calling for the holding of a General Municipal Election to be held on November 5, 2024.

CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO, CALIFORNIA, A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF

CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER AND STATE LAW.

FISCAL IMPACT:

The November 8, 2022 election cost was $27,538.41.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

Pursuant to Ordinance No. 17-04, the City of El Centro consolidated with the County of Imperial statewide election held on the first Tuesday after the first Monday in November of each even-numbered year.

The upcoming City of El Centro General Municipal Election is scheduled for November 5, 2024 for the purpose of electing three (3) members to the El Centro City Council, each for a term of four (4) years to the seats now held by Edgard Garcia, Martha Cardenas Singh and Sylvia Marroquin.

DISCUSSION:

Procedures for conducting a General Municipal Election are established by law. To begin the election process for the upcoming General Municipal Election, it is necessary for the City Council to adopt a resolution calling and giving notice of a general municipal election to be held in the City of El Centro on November 5, 2024 and adopt a resolution requesting the Board of Supervisors of the County of Imperial to consolidate a general municipal election with the statewide election same date. (ID# 6267) Section 15651 of the Elections Code provides that determination of a tie vote of an office in an election shall be either by lot or by the conduct of a special runoff election.

Pursuant to Resolution No. 05-100 adopted by the El Centro City Council on September 21, 2005, tie votes will be determined by lot in accordance with provisions of Section 4 Packet Pg. 17
Resolution (ID # 6266) Meeting of June 4, 2024
15651(a). Said Resolution 05-100 will remain in effect unless repealed by the City Council.

On April 1, 2009, Resolution No. 09-17 was adopted providing for regulations for candidates for elective office, pertaining to candidate statements. Said resolution will remain in effect unless repealed by the City Council.

CONCLUSION:

Staff is asking Council to consider for adoption the proposed resolutions (1) calling and giving notice of the holding of a general municipal election on Tuesday, November 5, 2024 and (2) requesting the Board of Supervisors of the County of Imperial to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024 with the statewide election to be held on the same date (ID # 6267).

ATTACHMENTS:
· General Municipal Election (DOCX)
4 Packet Pg. 18
03/2024/cdz/A24-0056/Reso/MunicipalElection
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024

FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED

BY THE PROVISIONS OF THE CHARTER AND STATE LAW
WHEREAS, under the provisions of the Charter of the City of El Centro, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of three (3) Municipal Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That pursuant to the requirements of the Charter, there is called and ordered to be held in the City of El Centro, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing three (3) members of the City Council for the full term of four (4) years to the seats now held by Edgard Garcia, Martha Cardenas Singh and Sylvia Marroquin.

2. That the ballots to be used at the election shall be in form and content as required by law.

3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Imperial Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code §10242, except as provided in Elections Code § 14401.

5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Imperial Registrar of Voters,

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Packet Pg. 19
Attachment: General Municipal Election (6266 : Resolution Calling for a November 5, 2024 General Municipal Election) 03/2024/cdz/A24-0056/Reso/MunicipalElection
the City Council, in accordance with the Election §15651(a), shall set a date and time and place and summon the candidates who have received the votes to appear and will determine the tie by lot.

8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED AND ADOPTED by the City Council of the City of El Centro at a regular meeting thereof held on day of , 2024.

CITY OF EL CENTRO
By
Sylvia Marroquin, Mayor
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth Martyn-Evans, City Attorney

STATE OF CALIFORNIA)
COUNTY OF IMPERIAL) §

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 24- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

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Packet Pg. 20
Attachment: General Municipal Election (6266 : Resolution Calling for a November 5, 2024 General Municipal Election) City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Elections
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
RESOLUTION (ID # 6267) DOC ID: 6267
Resolution requesting the Board of Supervisors of the
County of Imperial to consolidate a General Municipal
Election to be held on November 5, 2024 with the Statewide Election.

CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF IMPERIAL TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO ELECTIONS CODE §10403
***PLEASE REFER TO RELATED ID# 6266 FOR COMPLETE STAFF REPORT ATTACHMENTS:
· Consolidation of Election (PDF)
5 Packet Pg. 21
03/2024/cdz/A24-0056/Reso/ICBOSConsolidateGeneral
MunicipalElection 1
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF IMPERIAL TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO ELECTIONS CODE §10403
WHEREAS, the City Council of the City of El Centro called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of three (3) seats on the City Council which seats are those currently held by Edgard Garcia, Martha Cardenas Singh and Sylvia Marroquin; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Imperial canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That pursuant to the requirements of Elections Code §10403, the Board of Supervisors of the County of Imperial is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of three (3) members of the City Council for the seats set out above..

2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.

4. That the City of El Centro recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

5. That the City Clerk is hereby directed to file a certified copy of this resolution with

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Attachment: Consolidation of Election (6267 : Request Consolidation of Election) 03/2024/cdz/A24-0056/Reso/ICBOSConsolidateGeneral
MunicipalElection 2
the Board of Supervisors and the County Election Department of the County of Imperial.

6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of El Centro at a regular meeting held on the day of , 2024.

CITY OF EL CENTRO
By _____________________________
Sylvia Marroquin, Mayor
ATTEST:

By: ______________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By: ______________________________
Elizabeth Martyn Evans City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________________
Norma Wyles, City Clerk

5.a
Packet Pg. 23
Attachment: Consolidation of Election (6267 : Request Consolidation of Election) City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Authorization
Prepared By: Javier Villaverde
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6379) DOC ID: 6379
Approval of Request for Proposal for Routine Janitorial Maintenance for Parks and Other Public Areas.

CITY MANAGER’S RECOMMENDATION:

Approval of Request for Proposal for Routine Janitorial Maintenance for Parks and Other Public Areas.

FISCAL IMPACT:

The services performed under this maintenance contract will be paid for out of the General Fund from Parks Division.

The new contract amount is unknown, but it is anticipated it will be greater than the current contract due to the addition of work locations and increase of work performed.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation and Life Long Learning - Offer opportunities for recreation and life long learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.

Goal #5: City Beautification, Engagement and Civic Pride - Enhance the quality of life in El Centro by promoting community engagement and investing in new opportunities that foster civic pride and city beautification through community accountability.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Due diligence will be conducted after bids are received.

BACKGROUND:

The City's Routine Janitorial Maintenance Contract for Parks and other Public Areas has expired and is in need of renewal. Per the City's Purchasing and Contracting Methods Guidelines, a formal bid process will be utilized for the procurement of a company to perform the maintenance work.

DISCUSSION:

The contract will include routine janitorial services at the following locations:

City Parks: Bucklin, Frazier, Debbie Pittman, Carlos Aguilar, Swarthout, McGee, Stark, Sunflower, Skate and Dog Park.

Transit Facilities: El Centro Transit Center at 7th and State and Town Square CONCLUSION:

Staff recommends that the City Council approve the Request for Proposal for Routine Janitorial Maintenance Contract.

ATTACHMENTS:
· 00075625 RFP Janitorial Services - June 2024 (PDF)
6 Packet Pg. 24
Action Item (ID # 6379) Meeting of June 4, 2024
· Vendor Agreement 05-2024 (PDF)
6 Packet Pg. 25
1 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities

REQUEST FOR PROPOSALS
Routine Janitorial Maintenance
for Parks and other Public Areas
RELEASE DATE:

Contact Information:

City of El Centro
Community Services Department
1249 W. Main Street
El Centro, CA 92243
Phone Number: (760) 337-4543
Adriana Nava, Community Services Director
DUE DATE:

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Packet Pg. 26
Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 2 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities

CITY OF EL CENTRO

REQUEST FOR PROPOSALS FOR ROUTINE JANITORIAL AND MAINTENANCE FOR

PARKS AND OTHER RECREATION FACILITIES
I. REQUEST FOR PROPOSAL
The City of El Centro (hereinafter called ‘City’) is seeking qualified janitorial and maintenance firms (hereinafter called ‘Contractor’) to submit a proposal to provide janitorial and maintenance for parks and other public areas on a scheduled basis. The scope of the work, the content of the proposal, and the selection process are described in this ‘Request for Proposal’ (hereinafter called ‘RFP’). The scope of work is described in detail in Exhibit ‘A’. The City wishes to enter into an agreement with the successful Contractor as soon as an agreement is approved by the City.

II. BACKGROUND
The City of El Centro is located in Imperial County, approximately 10 miles north of the border with Mexico and 117 miles east of San Diego. The City of El Centro has a current population of 43,881 per the 2022 census. The City is a Charter City and operates under the council-manager form of government. The City is intersected by State Route 86, which is maintained by Caltrans, including its signal lights.

The City maintains and operates parks, park restrooms, ramada/snack areas, park areas, snack bars, and playgrounds at the following facilities:

Bucklin Park, Carlos Aguilar Park, McGee Park, Sunflower Park, Swarthout Park, Stark/Manzano/Rosas Park, Bark Park Dog Park, Debbie Pittman Park, Frazier Field, Transfer Terminal, Town Square, and Skate Park.

III. SCOPE OF SERVICES AND COSTS
The scope of the work includes the routine, custodial scheduled maintenance of parks, parks restroom, ramada/snack areas, playgrounds, and recreation facilities as set out in Exhibit “A,” attached and incorporated. The scope of work is limited to routine janitorial maintenance (such as washing, cleaning, dusting, and trash pickup) and does not include the repair, installation, construction or demolition of public facilities. Exhibit A also should contain the cost for each item of the scope of work/overall daily/weekly/monthly cost.

Contractor must be able to represent it is skilled to perform the services and duties requested hereunder, and City relies upon the skills and knowledge of Contractor. Contractor shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California TERM: The work would be for a term of five (3) years, with two (2) one (1) year term extensions.

6.a
Packet Pg. 27
Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 3 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities IV. INSURANCE
A. The successful Contractor must be able to meet, at a minimum, the insurance requirements set out as Exhibit “C” to the sample form of agreement and summarized as follows.

B. Insurance Requirements. Contractor shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a Best' rating of no less than A: VII. Contractor shall provide the following scope and limits of insurance:
(i) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001.
(b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including Code 1 "any auto" and endorsement CA0025, or equivalent forms subject to the written approval of the City. (c) Workers’ Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all employees providing services on behalf of the Contractor and all risks to such persons under this Agreement.
(ii) Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(a) Commercial General Liability: Commercial General Liability Insurance, with minimum limits of at least $2,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits.
(b) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
(c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
(iii)
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

6.a
Packet Pg. 28
Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 4 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

B. Other Provisions. Insurance policies shall contain the following provisions:
(i) All Policies. No insurance policy shall be suspended, or canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City Clerk, City of El Centro, 1275 W. Main Street, El Centro CA 92243. Contractor agrees to provide City with thirty (30) days prior written notice of any reduction in coverage or limits, and/or the suspension or voiding of any coverage required herein. Notice shall be sent pursuant to subsection (1) above. (ii) General Liability and Automobile Liability Coverage’s. (a) City, its officers, agents, and employees are to be covered as additional insured as respects: premises owned, occupied or used by Contractor, or automobiles owned, leased or hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees.
(b) Contractor's insurance coverage shall be primary insurance as respect to City, its officers, officials, and employees. Any insurance maintained by City, its officers, officials, or employees shall apply in excess of, and not in contribution with, Contractor's insurance.
(c) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) Waiver of subrogation in favor of the City.
(iii) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, and employees for losses arising from work performed by Contractor for City.

C. Other Requirements. The Contractor selected shall deposit with City, at or before the effective date of the Agreement, endorsed certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its

6.a
Packet Pg. 29
Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 5 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
(i) Contractor shall furnish certificates and endorsements from each sub-Contractor identical to those Contractor provides.
(ii) Any deductibles or self-insured retentions must be declared to and approved by City. (iii) City shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of City, the insurance provisions in this contract, form, and amount are insufficient, an increase may be required to provide adequate protection. City's requirements shall be reasonable and based on available insurance coverage, but shall be designated to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. (iv) The procurement of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder or other requirements of the Agreement.

D. Indemnification: In addition to liability insurance, the following indemnification is required:

Contractor shall indemnify, protect, defend and hold harmless the City and its officers, employees, agents, and volunteers against any and all claims or actions arising from any claim, demand or judgment for personal injury, wrongful death and/or property damage arising out of Contractor's alleged negligent acts, errors or omissions and for any claim therefore, including City's attorney fees. The provisions of this section shall not be deemed satisfied by the requirements of liability insurance required by the Agreement.

V. CONFLICT OF INTEREST: LEVINE ACT DISCLOSURE
Along with its response to this RFP, the Contract must complete the provisions of Exhibit _____, the Levine Act certification, regarding a possible conflict of interest from contributions to any member of the City Council.

VI. TENTATIVE RFP DATES:

Below is the anticipated schedule for this project:

Schedule Date
Request for Proposal Posting/Mailing
Mandatory field visit
Written Question Deadline
Submittal Deadline
Tentative Interview (if necessary)
Tentative Final Selection/Negotiation
Tentative City Council Award
Tentative Contract Effective Date

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Packet Pg. 30
Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 6 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities VII. SUBMITTAL GUIDELINES AND REQUESTED INFORMATION
Four (4) hard copies of the proposal shall be submitted in a sealed envelope with the caption Request For Proposals For Routine Janitorial Maintenance and addressed to:

All proposals must be delivered by the deadline date to:

City of El Centro
Attention: Community Services Department
Adriana Nava, Director
1249 West Main Street
El Centro, CA 92243
RE: Janitorial Maintenance for Parks and other Public Areas Inaseparateenvelope,submitahardcopyFeeScheduletothesame addressandbythesamedateina sealedenvelopemarked:

FeeProposalforRoutine Janitorial Maintenance for
Parks and other Public Areas
Attn: Adriana Nava, Community Services Director
**All submitted documents are public documents, will become part of the City's official files and will not be returned.**
All proposals shall be received by 5:00 p.m., ___________2024. Emails and facsimiles will not be accepted. Inquiries regarding this Request for Proposals should be directed to Adriana Nava, Community Services Director at [email protected] prior to _________________________.

The proposal will be used to evaluate the firm’s capability. Therefore, it should be complete and accurate. The proposal should include, at a minimum, the following information:
• A letter of introduction that summarizes the key points of the proposal and includes the name, address, and phone number of the person who is authorized to represent the firm. • Company and Organization. General company information including number of employees, location of company headquarters and branch offices, number of years in business and organization, disciplines and staffing. Identify the branch office for this project and related experience in the area.
• Overall approach to providing maintenance services including understanding of work, work plan, company capabilities.
• Equipment and Resources. Provide a listing of equipment and related resources that will be available in delivering the maintenance services being requested. • List of the municipalities the firm has provided similar services including date of service, scope, and contact information (name, position, and telephone number). • Resumes of key personnel who will be assigned to this project. • List of references.

The Contractor’s proposed fee schedule for the work shall be submitted in a separate sealed envelope accompanying the proposal marked “Proposed Fee Schedule.” Fees quoted will apply to the term of the Agreement and any extension thereof.

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 7 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities VIII. CONTRACTOR SELECTION
The City’s Parks and Recreation staff will evaluate the proposals. The City may interview the top Contractors whose qualifications most closely match the requirements of this Request for Proposal and the needs of the City. Staff will rank the Contractors and submit its recommendation to the City Council. At a public meeting, the City Council will make the final decision and enter into an Agreement prepared by the City for the desired work. That Agreement will include a detailed scope of work and a payment for services schedule based upon the proposal. The Contractor will be required to execute the Agreement in the form attached to this RFP as Exhibit “B”.

All costs for preparing the proposals are the sole responsibility of the Contractor. The City reserves the right to reject any or all proposals, to request additional information for clarification, to accept or negotiate modifications to any proposal following the deadline for receipt of the proposal and to waive any irregularity if such serves the best interest of the City.

IX. SELECTION CRITERIA
The City may use the following criteria in the selection of the Contractor.

1. Understanding of Work

2. Work Plan

3. References from municipal contracts

4. Capabilities of company and proposed staff

5. Cost
The City may require Contractors to participate in additional rounds of refining submittals prior to the ultimate selection. These rounds could encompass revisions to the submittal criteria. Fees will be reviewed and negotiated following the selection of the qualified firm.

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 8 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities EXHIBIT “A” - SCOPE OF WORK

MAINTENANCE SERVICES AND COSTS
Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Bucklin
Park
Location:
1350 S. 8th
Street
2 5 1 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas seven (7) days a week,
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
playground, parking lots, and around
trash cans.
• Weekly power washing of sidewalks by
the playground, by parking lots, snack
areas, Pavilion and Pavilion area walls,
and playgrounds to remove stains and
gum as needed.
• Sweep and/or cleaning of ramada and
playground areas.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
• All restrooms shall be opened by the
Contractor’s staff no later than 6:00 a.m.
daily unless otherwise instructor by the
Parks Supervisor.
• Weekly Power wash by the Veterans
Memorial including the bridge area.

Quarterly cleaning of pavers with pressure
washer.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 9 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Frazier
Park
Location:
1150 N. 6th
Street
1 0 0 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas six (6) days a week
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
dugouts and around trash cans.
• Weekly power washing of sidewalks, and
snack areas to remove stains and gum as
needed.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Debbie
Pittman
Park
Location:
1997
Orange
Avenue
1 1 0 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas six (6) days a week,
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
dugouts and around trash cans.

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 10 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities • Weekly power washing of sidewalks,
snack areas and ramada to remove stains
and gum as needed.
• Sweep and/or cleaning of ramada
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Carlos
Aguilar
Park
Location:
1575 Pico
Avenue
1 2 1 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas seven (7) days a week,
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
sidewalks, playground, parking lots, and
around trash cans.
• Weekly power washing of sidewalks,
snack areas and playgrounds to remove
stains and gum as needed.
• Sweep and/or cleaning of ramada and
playground areas.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 11 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Swarthout
Park
Location:
4th &
Euclid
1 2 1 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas six (6) days a week,
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
playground, basketball court area, and
around trash cans.
• Weekly power washing of sidewalks,
snack areas and playgrounds to remove
stains and gum as needed.
• Sweep and/or cleaning of ramada and
playground areas.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
*(Note) City will provide all toiletry items
for restocking and other necessary
cleaning supplies to company
Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
McGee
Park
Location:
375 S. First
Street
1 1 1 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas seven (7) days a week
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 12 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities playground, and around trash cans.
• Weekly power washing of sidewalks,
snack areas and playgrounds (excluding
basketball court) to remove stains and
gum as needed.
• Sweep and/or cleaning of ramada and
playground areas.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Stark
Field Park
Location:
830 S. 4th
Street
1 2 1 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas six (6) days a week,
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
playground, trash enclosure, parking lots,
dugouts (Manzano and Rosas Field) and
around trash cans.
• Weekly power washing of sidewalks,
snack areas and playgrounds to remove
stains and gum as needed.
• Sweep and/or cleaning of ramada and
playground areas.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
*(Note) City will provide all toiletry items
for restocking and other necessary
cleaning supplies to company

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 13 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Sunflower
Park
Location:
350 N.

Lotus
Avenue
1 1 1 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas six (6) days a week,
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
dugouts and around trash cans.
• Weekly power washing of sidewalks and
snack areas to remove stains and gum as
needed.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Skate
Park
1 2 1 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas seven (7) days a week
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
playground, and around trash cans.
• Weekly power washing of sidewalks,
snack areas and playground to remove

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 14 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities stains and gum as needed.
• Sweep and/or cleaning of ramada and
playground areas.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
• Open Skate Park daily at 8:00 am
• All restrooms shall be opened by the
Contractor’s staff no later than 8:00 a.m.
daily unless instructed otherwise by
Parks Supervisor.

Monthly cleaning of pavers with pressure
washer.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
Park Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Dog Park 1 1 • Report any and all suspicious or illegal activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas seven (7) days a week
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas,
parking lots, around trash enclosure and
around trash cans.
• Pick up and dispose of dog waste daily
around park area, sidewalks, restroom,
parking lot, and dog waste stations.
• Weekly power washing of sidewalks and
ramada areas to remove stains and gum
as needed.
• Sweep and/or cleaning of ramada areas.
• As needed, restocking of paper items,
doggy waste bags, soap, and other

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 15 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities restroom sanitary items.
• Open Dog Park daily at 8:00 am
• All restrooms shall be opened by the
Contractor’s staff no later than 8:00 a.m.
daily.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
Facility Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Transfer
Terminal
1 0 0 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.
• Service the areas seven (7) days a week
unless otherwise noted.
• Daily cleaning of sinks, toilets, urinals,
floors and walls of restrooms and
surrounding area including, daily wet
mopping and floor squeegee to assure
non-slip surface and floor drying before
public use.
• Daily dumping of trash cans.
• Trash pick-up daily in facility area,
parking lots, around trash enclosure and
around trash cans.
• Weekly power washing of sidewalks to
remove stains and gum as needed.
• Sweep and/or cleaning of facility areas.
• As needed, restocking of paper items,
soap, and other restroom sanitary items.
• All restrooms shall be opened by the
Contractor’s staff no later than 6:00 a.m.
daily.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
Facility Restroom
Facility(s)
Ramadas
/Snack
Playgrounds Scope Description
Price
Town
Square
0 0 0 • Report any and all suspicious or illegal
activities in City facilities immediately to
Parks Supervisor or his designee.

6.a
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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 16 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities • Service the areas seven (7) days a week
unless otherwise noted.
• Daily dumping of trash cans.
• Trash pick-up daily in facility area and
around trash cans.
• Weekly power washing of sidewalks to
remove stains and gum as needed.
• Sweep and/or cleaning of facility areas.
*(Note) City will provide all toiletry items
for restocking and other necessary cleaning
supplies to company
X. SCOPE OF WORK
GENERAL: The Contractor shall be experienced in cleaning of park facilities and restrooms, trash removal and graffiti maintenance practices and techniques, and shall provide the skilled, uniformed, and sufficient number of workers, with adequate equipment, to perform the scope of services throughout the year.

The work to be performed shall include all items listed in this scope of work, including:
• Report any and all suspicious or illegal activities in City facilities immediately to Parks Supervisor or his designee.
• Service the areas seven (7) days a week, unless otherwise noted. • Daily cleaning of: sinks, toilets, urinals, floors, restrooms walls and of the surrounding areas including, daily wet mopping and floor squeegeed (to ensure a non-slip surface) and dried before public use.
• Daily cleaning of sinks, toilets, urinals, floors and walls of restrooms and surrounding area including, daily wet mopping and floor squeegee to assure non-slip surface and floor drying before public use.
• Daily dumping of trash cans.
• Trash pick-up daily in park areas, playground, and around trash cans. • Initial power washing of sidewalks, snack areas, snack area walls, and playgrounds to remove stains and gum as needed. Subsequently a weekly washing of sidewalks, and playgrounds with water can be maintained.
• Sweep and/or cleaning of ramada and playground areas. • As needed, painting graffiti markings.
• As needed, restocking of paper items, soap, and other restroom sanitary items. • All restrooms shall be opened by the Contractor’s staff no later than 6:00 a.m. daily. • Quarterly cleaning of pavers with pressure washer.

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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) 17 | P a g e 05/2024/cdz/A24-0090/RFP/JanitorialSrvsParkRecFacilities The Contractor shall provide regular inspection of area for graffiti or vandalism. If found, the on-site supervisor will contact a designated Parks representative to report such findings.

The Contractor must also dispose on days of scheduled maintenance, by whatever means appropriate, all debris and trash in and around dumpsters on site provided by the City for City jobs only. -END OF SCOPE OF WORK6.a
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Attachment: 00075625 RFP Janitorial Services - June 2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 5/24-cdz Page 1 of 15 Vendor Agreement

VENDOR AGREEMENT
This Vendor Agreement (“Agreement”) is made and effective as of [Date] (the “Effective Date”), by and between the City of El Centro (“City”), a municipal corporation and charter city, and [Name] (“Vendor”).

RECITALS
A. City has conducted a request for proposal to identify an experienced and qualified vendor to provide services; and
B. Vendor was the successful proposer; and
C. City and Vendor now enter into this Agreement to confirm the provisions of such services on the term and conditions set out herein.

AGREEMENT
I. SERVICES
Vendor will provide the work and services listed in Exhibit A, attached and incorporated (the “Scope of Services”) Vendor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional, and satisfactory manner.

II. TERM
Unless terminated earlier as provided herein below, the Agreement will continue in full force and effect from the Effective Date for a three-yearperiod through Upon mutual written agreement, the term of this Agreement may be extended annually for an additional two-year period as the parties agree. All days set out herein are calendar days unless otherwise provided.

III. COMPENSATION
A. Vendor’s Fee
For services rendered pursuant to this Agreement, Vendor will be paid in accordance with the Compensation Schedule attached hereto and incorporated as Exhibit B; provided, however, that in no event will the total amount of money paid to Vendor, for services initially contemplated by this Agreement, exceed the sum of [Amount] ($ .00) (“Agreement Sum”) per year, unless otherwise first approved in writing by City. Should this Agreement be renewed, the Vendor’s fee may be adjusted upon the written agreement of the parties.

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 05/22 Page 2 of 15 Vendor Agreement
B. Schedule of Payment
Provided the Vendor is not in default under the terms of this Agreement, upon presentation of an invoice, Vendor will be paid the fees described as provided herein above. Payment on undisputed items will be due within 45- days after the date of the invoice.

IV. TERMINATION OF AGREEMENT
A. City may, at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving written notice of termination upon the Vendor at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City terminates a portion of this Agreement, such termination shall not void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Vendor the actual cost of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Vendor will submit an invoice to the City as provided herein above.

V. FORCE MAJEURE
If either party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform but there shall be no monetary adjustment.

VI. CITY REPRESENTATIVE
City ’s Public Works Director or designee (City’s Representative) shall represent City in all matters pertaining to the administration of this Agreement, with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by City under this Agreement, those actions will be taken by the City Representative unless otherwise stated. The City ’s Manager the right to designate another City Representative at any time, by providing notice to Vendor.

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 05/22 Page 3 of 15 Vendor Agreement
VII. VENDOR REPRESENTATIVE(S)
Vendor’s [Name(s)] is/are designated as being the principal(s) and representative(s) of Vendor authorized to act on its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement. Vendor shall not change the designated representatives without prior written consent of the City.

VIII. BUSINESS LICENSE
The Vendor must obtain a City business license prior to the start of work under this Agreement, unless Vendor is qualified for an exemption.

IX. OTHER LICENSES AND PERMITS
Vendor warrants that it has all professional, contracting, and other permits and licenses required to undertake the work contemplated by this Agreement.

X. VENDOR’S RECORDS
Records of the Vendor’s time pertaining to the services and records of accounts between the City and the Vendor will be kept on a generally recognized accounting basis. Vendor will also maintain all other records, including without limitation invoices, correspondence, specifications, drawings, progress reports, and the like, relating to the Vendor’s services. All records will be available to City during normal working hours. Vendor will maintain these records for three (3) years after final payment.

XI. RETENTION OF FUNDS
Vendor authorizes City to deduct from any amount payable to Vendor (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Vendor’s acts or omissions in performing or failing to perform Vendor’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Vendor, or any indebtedness exists that appears to be the basis for a claim, City may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of City to exercise the right to deduct or to withhold will not, however, affect the obligations of Vendor to insure, indemnify, and protect City as elsewhere provided in this Agreement.

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 05/22 Page 4 of 15 Vendor Agreement
XII. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of City will be personally liable to Vendor, in the event of any default or breach by the City or for any amount that may become due to Vendor under this Agreement.

XIII. INDEPENDENT CONTRACTOR
A. Vendor is and shall at all times remain as to the City a wholly independent contractor. Vendor’s employees performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its employees or agents are in any manner employees or agents of the City. Vendor shall not incur nor have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.

B. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Vendor and/or its employees for performing work or services hereunder for City.

City shall not be liable for compensation or indemnification to Vendor for injury or sickness to its employee(s) arising out of performing work or services hereunder.

XIV. SUBCONTRACTORS
Before Vendor retains or hires a subcontractor to provide any work, labor, or services relative to this Agreement, Vendor must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to City;
B. Present to the City the form of subcontract that will be used with the subcontractor for City ’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained herein of this Agreement and must specifically name the City as an indemnified party; and C. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the City as an additional insured as required by this Agreement, unless such requirement is waived in writing by the City as provided herein below.

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 05/22 Page 5 of 15 Vendor Agreement
XV. INDEMNIFICATION
Vendor shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, including the City ’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the City Indemnitees or at the City ’s option reimburse the City Indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Vendor and City, as to whether liability arises from the sole negligence or willful misconduct of the City or its officers, employees, or agents, Vendor will be obligated to pay for City ’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent or to have acted with willful misconduct. Vendor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

XVI. INSURANCE
Without limiting Vendor’s indemnification of City, and prior to commencement of work, Vendor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to City.

General liability insurance. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Vendor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 05/22 Page 6 of 15 Vendor Agreement
(IF NEEDED) Umbrella or excess liability insurance. Vendor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Vendor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Other provisions or requirements
Proof of insurance. Vendor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein.

Insurance certificates and endorsements must be approved by City ’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Vendor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Vendor, their agents, representatives, employees, or subconsultants.

Primary/non-contributing. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 05/22 Page 7 of 15 Vendor Agreement
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City ’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City ’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) Rev. 05/22 Page 8 of 15 Vendor Agreement
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Vendor’s insurers are unwilling to provide such notice, then Vendor shall have the responsibility of notifying the City immediately in the event of Vendor’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Vendor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought into or involved in the services by Vendor (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Vendor. Vendor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Vendor’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City , Vendor may still be able to utilize the Subcontractor provided Vendor shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Vendor, but in all other terms consistent with the Vendor’s requirements under this Agreement. This provision does not relieve the Vendor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its Subcontractors. This provision is intended solely to provide Vendor with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Vendor under this Agreement given the limited scope of work or services provided by the Subcontractor. Vendor agrees that upon request, all agreements with Subcontractors, and others engaged in the services, will be submitted to City for review.

City ’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance

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required by giving the Vendor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Vendor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

XVII. CONFLICT OF INTEREST
No officer or employee of the City may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

Contractor shall complete and submit to City the Levine Act Statement, attached and incorporated as Exhibit C to this Agreement.

XVIII. NOTICE
All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:

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A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

Addresses for purpose of giving notice are as follows:

To CITY: City of El Centro Department
With a copy to City Clerk, City of El Centro
1275 Main St.

El Centro, CA
To VENDOR: [NAME]
Attention: [NAME]
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement. Any change in address or fax number that is not provided to the other party will not void delivery

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of any notice under this Agreement, and delivery to the last known address or fax number shall be deemed sufficient for notice under this Agreement.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either City or Vendor without the prior written consent of the other.

XX. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of City and Vendor as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.

XXI. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.

XXII. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.

XXIII. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

XXIV. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in a court of competent jurisdiction within the county in which City is located.

XXV. COMPLIANCE WITH STATUTES AND REGULATIONS
Vendor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

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XXVI. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.

XXVII. ATTORNEY’S FEES
Except as provided for herein above, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post-judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVIII. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.

XXIX. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the Vendor warrant: (i) the Vendor is duly organized and existing under the appropriate state laws; (ii) they are duly authorized to execute this Agreement on behalf of the Vendor; (iii) by so executing this Agreement, the Vendor is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Vendor is bound.

By VENDOR: [Name]
(Signature)
(Typed Name)
(Title)

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CITY OF EL CENTRO
A Municipal Corporation and Charter City
Mayor/City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

By City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Levine Act

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EXHIBIT A

SCOPE OF SERVICES
[ATTACH VENDOR’S PROPOSAL OR AGREED UPON SCOPE OF SERVICES]

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EXHIBIT B

COMPENSATION

SCHEDULE
[ATTACH DOCUMENT WITH SCHEDULE OR OUTLINE
COMPENSATION]

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EXHIBIT C

LEVINE ACT CERTIFICATION
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

City of El Centro Council Members as of the date of this RFP/Agreement:

Martha Cardenas-Singh
Sonia Carter
Edgard Garcia
Silvia Marroquin
Tomas Oliva

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City of El Centro Council Member in the 12 months preceding the date of the issuance of this RFP? _____YES NO
If yes, please identify the Council Member:

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any City of El Centro Council Member in the three months following the award of the contract? _____YES NO
If yes, please identify the Council Member:

Answering yes to either of the two questions above does not preclude City of El Centro from awarding a contract to your firm. It does, however, preclude the identified Council Member from participating in the contract award process for this contract.

DATE (SIGNATURE OF AUTHORIZED OFFICIAL)
(TYPE OR WRITE APPROPRIATE NAME, TITLE)
(TYPE OR WRITE NAME OF COMPANY)
01/2024

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Attachment: Vendor Agreement 05-2024 (6379 : RFP Routine Janitorial Maintenance for Parks and other Public Areas) City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Public Hearing
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6259) DOC ID: 6259
Public Hearing to Consider the Approval of a Rate Increase for the Collection, Transportation, Recycling, Processing, and Disposal of Solid Waste
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING RESOLUTION NO. 23-60 AND ESTABLISHING RATES FOR THE

INTEGRATED WASTE MANAGEMENT SERVICES INCLUDING BUT NOT LIMITED TO THE

COLLECTION, TRANSPORTATION, RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2024-2025.

FISCAL IMPACT:

Summary of Rates Adjustments by service Category as shown on Attachment 1 (Based on Staff’s and HF&H Consultant’s review of CR&R request).

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 2, Environmental Sustainability & Infrastructure. Action 2.9, Ensure compliance with State and solid waste and recycling requirements.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

CR&R is currently under a contract with the City.

BACKGROUND:

Contract History:
· On March 20, 2007, the City entered into a Franchise Agreement for Integrated Solid Waste Management Services with CR&R. These services include, but are not limited to, residential automated curbside collection, multi-family and commercial refuse and recyclable bin collection and roll off refuse and recyclable material processing and collection. CR&R commenced services to the City on July 1, 2007.
· Various amendments and annual rate increases occurred between 2007 and 2021 as shown in "Exhibit A - Contract History" attached to this agenda. · On April 5, 2022, through Resolution 22-33, Council approved an amended and restated agreement with CR&R that consolidated all prior contract amendments and enabled implementation of programs to achieve compliance with AB 1826 and SB 1383. The amended contract commenced on May 1, 2022 and expires on June 30, 2027. This Resolution did not authorized any rate increases that required proposition 218 approval.
· On June 21, 2022, through Resolution 22-59, Council declared the results of the 7 Packet Pg. 59
Action Item (ID # 6259) Meeting of June 4, 2024
property owner protest ballot proceeding (Prop 218) conducted for the increase of residential and commercial/multifamily solid waste rates, commencing in fiscal year 2022/2023 and the subsequent four fiscal years, making findings and approving such rates and certain related actions. The process further authorizes City Council to adjust customer rates starting July 1, 2023 through June 30, 2027. The rates may be adjusted by employing the rate adjustment methodology specified in Article 6 of the Agreement for each respective rate year up to a maximum of 4% per year.

Rate Adjustment Methodology:

The maximum rates that CR&R can charge its customers are comprised and derived from the following cost component categories: “labor”, “fuel”, “equipment”, “insurance”, “disposal”, and “all other”. These cost component categories are based on published price indices, as designated and approved by contract. Annual rate adjustments are based on the percent change in the index for each of the aforementioned cost component categories. However, effective July 1, 2023, the maximum rate increase from year to year is limited to 4% per Resolution 22- 59 and pursuant to the requirements of Proposition 218.

In addition, each of these cost components are weighted differently depending upon the service category (i.e. two categories: 1) carts and bins and 2) roll-off boxes), resulting in different rate adjustments for each service category. Disposal costs are adjusted by the actual change in the tipping fee CR&R pays at the landfill.

Per section 6.3 of the agreement:
"Adjustment to the maximum rates is subject to the approval of the City Council at a public hearing, although the City Council's discretion shall be limited to determining, based on substantial evidence, whether the requested maximum rate adjustment meets the requirements as set forth herein"
Rate Increases:

1. April 5, 2022, Resolution 22-33. City Council approved the amended and restated agreement which included a rate increase to commence July 1, 2022 to June 30, 2023. Residential rates increased by 11.2%

2. June 6, 2023, Resolution 23-60. City Council approved CR&R's second request for rate increase to commence July 1, 2023. Residential rates increased by 4%
DISCUSSION:

In accordance with Section 6.3 of the Agreement, CR&R submitted an annual rate adjustment request in writing prior to the March 30 contract established deadline. The prior rate increase occurred in 2023. There were no rate increases for FY 2016, 2017 and 2018. The request was submitted on March 26, 2024 by CR&R for the July 1, 2024 through June 30, 2025 rate, as such, the new rate increase would be effective July 1, 7 Packet Pg. 60
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2024 and appear to residents in their mail early August as part of their July water/sewer/trash invoice.

The City contracted HF&H to review the rate increase request and supporting documentation and HF&H recommended a revision to CR&R's proposal due to a difference in the index value. The update did not result in a change to the calculated rate adjustment being proposed.

HF&H provided CR&R their rate adjustment calculations and on April 29, 2024, CR&R submitted an updated proposal to reflect the minor adjustment to the index value noted during HF&H's review. CR&R revised proposal is hereto attached as attachment

2. RESIDENTIAL RATE HISTORY
Summary of Rate Adjustment by Service Category
(Starting July 1, 2024)
Service Category Requested by CR&R As Calculated by HF&H Cart and Bin Service 2.5% 2.5%
Roll-off Box Service 3.5% 3.5%
Based on HF&H Consultant’s review of CR&R request, staff requests the annual rate increase as calculated by HF&H be approved. Staff further requests that the new rates as identified by HF&H’s report be incorporated in the proposed 2024-2025 rate schedule as presented by CR&R.

Notice of this public hearing was published on May 24, 2024 in English and Spanish. 7 Packet Pg. 61
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Staff requests Council open a public hearing, and after considering input, find that based on substantial evidence as submitted by CR&R and verified by HF&H’s independent review, that the rate increase request meets the requirements of Contract Section 6.3 for rate increases and proceed to adopt the here proposed Resolution.

CONCLUSION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING RESOLUTION NO. 23-60 AND ESTABLISHING RATES FOR THE

INTEGRATED WASTE MANAGEMENT SERVICES INCLUDING BUT NOT LIMITED TO THE

COLLECTION, TRANSPORTATION, RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2024-2025
ATTACHMENTS:
· Resolution No. 24 - w. Exhibits 00075572 052024 (PDF) · Attachment 1 - Proposed New Trash Rates 2024-2025 (PDF) · Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (PDF) · Attachment 3 - Notice of Public Hearing 00075517 (English) (PDF) · Attachment 4 - Notice of Public Hearing (Spanish) 052024 (PDF) 7 Packet Pg. 62
04/2024/cdz/A24-0061/Reso/CR&RRateIncrease2024-2025
RESOLUTION NO. 24 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING RESOLUTION NO. 23-60 AND ESTABLISHING RATES FOR

THE INTEGRATED WASTE MANAGEMENT SERVICES INCLUDING

BUT NOT LIMITED TO THE COLLECTION, TRANSPORTATION,

RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR
FISCAL YEAR 2024-2025
WHEREAS, Chapter 12 of the Code of the City of El Centro, California (the “City”) provides that the monthly rates for the collection of solid waste, green waste and recyclables (“integrated waste management services”) shall be adopted by resolution of the City Council of the City of El Centro, California (the “City Council”); and WHEREAS, the City Council approved an Integrated Waste Management Services Agreement with CR&R Incorporated, an active California corporation, (“CR&R”) on April 18, 2007, which Agreement was amended and restated on April 5, 2022 to address numerous changes in the State law governing integrated waste management services and solid waste collection rates, among other things (the “Franchise Agreement”); and
WHEREAS, in accordance with State law and specifically the requirements of Proposition 218, the City Council conducted a mail ballot proceeding to obtain approval of solid waste collection rates for solid waste collection services for the first five-year (5-year) period of the Agreement commencing July 1, 2022 through June 30, 2027; and WHEREAS, the rates for solid waste collection now may be adjusted by employing the rate adjustment methodology specified in Article 6 of the Franchise Agreement for each respective rate year up to a maximum of four percent 4% per year; and WHEREAS, CR&R may request that rates to be adjusted annually under section 6.3.1 of the Franchise Agreement by following the procedures of Section 6.4 “Method of Adjustments” of the Franchise Agreement; and
WHEREAS, upon the City’s receipt of such request, it is reviewed by HF&H Consultants, LLC, an independent consultant retained by the City to determine that such increase meets the requirements of the Franchise Agreement; and
WHEREAS, adjustments to the rates are subject to approval by City Council at a noticed public hearing; and
WHEREAS, City Council discretion is limited by the Franchise Agreement to determine, based on substantial evidence and as provided by HF&H, whether the requested rate adjustment meets the requirements of Section 6.4 “Method of Adjustments”; and

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WHEREAS, rates were last set out beginning July 1, 2023 pursuant to Resolution No. 23- 60; and
WHEREAS, CR&R now has requested that the City approve a 2.5% annual increase to the solid waste disposal service charges for residential and commercial cart and bin services pursuant to Section 6 of the Franchise Agreement, effective July 1, 2024; and WHEREAS, CR&R also has requested that the City approve a 3.5% annual increase to the solid waste disposal service charges for roll-off box services pursuant to Section 6 of the Franchise Agreement, effective July 1, 2024; and
WHEREAS, such rates have been reviewed and determined to be supported by the necessary documentation by HF&H Consultants, LLC based upon the factors and percentages set out in Section 6 of the Franchise Agreement; and
WHEREAS, timely notice of the public hearing and the rate increase has been provided in English and Spanish by publication in a newspaper of general circulation; and WHEREAS, on June 4, 2024, the City Council conducted a duly noticed public hearing on the proposed annual rate increase for the integrated waste management services including but not limited to collection, transportation, recycling, processing and disposal of solid waste within the City at which all those wishing to be heard appeared and were heard; and WHEREAS, after notice and hearing; based upon the report of the consultant, the City Council finds that said rates meet the requirements for increase and further are reasonably related to the costs of providing and maintaining integrated waste management services and are within the rates approved by the Council in the Franchise Agreement; and WHEREAS, it is in the best interests of the City to adjust said rates and charges as set forth herein below.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the rates, fees and charges for the collection, transportation, recycling, processing and disposal of solid waste shall be as set forth in the following exhibits which are attached hereto and made a part hereof.

Exhibit 1 – Solid Waste Collection Rate Schedule, July 1, 2024 to June 30, 2025 Rates.

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Exhibit 2 – Calculation of July 1, 2024 Rate Adjustment, Single Family & Commercial Rate Calculation/ Roll-Off Rate Calculation.

3. That the effective date of the new rate schedule will be July 1, 2024.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2024.

CITY OF EL CENTRO
By _____________________
Sylvia Marroquin, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 24- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

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Attachment: Resolution No. 24 - w. Exhibits 00075572 052024 (6259 : CR&R routine rate increase 2024/2025) EXHIBIT 3A
Effective Rates as of July 1, 2024
Residential and Commercial: 2.5%
Rolloff Service 3.5%
Rolloff Tonnage 3.9%
Cart Service - one each refuse, recycling, and green waste cart 24.47 $ per month Additional Refuse Cart $ per month 15.28
Additional Recycling Cart at 50% of extra refuse rate 7.65 $ per month Additional Orgaincs Waste Cart at 50% of extra refuse rate 7.65 $ per month Additional Overage pickup for Automated Cart Customers 7.65 $ per month Additional Bulky item pickups (in excess of three per year) 30.62 $ per month Used Oil/Filter Collection per Eligible Home 0.06 $ per month Total w Used Oil
First Unit $ per month 24.47 $ 24.53
Units 2-15 $ per month 14.92 $ 14.98
Units 16-30 $ per month 13.44 $ 13.50
Units 31-50 $ per month 12.00 $ 12.06
Units 51-75 $ per month 11.02 $ 11.08
First Unit $ per month 24.47 $ 24.53
Units 2-5 $ per month 12.72 $ 12.78
Units 6-10 $ per month 12.00 $ 12.06
Units 11-20 $ per month 11.51 $ 11.57
Units 21-30 $ per month 11.02 $ 11.08
Units 31-50 $ per month 10.03 $ 10.09
Units 51-100 $ per month 9.54 $ 9.60
123 4 56
96-gallon $ 42.69 $ 72.14 $ 101.55 $ 131.02 $ 160.45 $ 189.86 $ 22.08 2 cubic yard $ 108.92 $ 197.23 $ 285.53 $ 373.86 $ 462.16 $ 550.51 $ 29.08 3 cubic yard $ 123.63 $ 226.68 $ 329.70 $ 432.73 $ 535.76 $ 638.82 $ 33.04 4 cubic yard $ 138.35 $ 256.12 $ 373.86 $ 491.61 $ 609.34 $ 727.08 $ 38.64 5 cubic yard $ 259.06 $ 384.19 $ 516.63 $ 649.12 $ 781.59 $ 914.05 $ 44.84 6 cubic yard $ 307.64 $ 447.44 $ 594.65 $ 741.83 $ 889.01 $ 1,036.21 $ 51.59 123 4 56
4 yard compactor $ 234.67 $ 448.71 $ 662.75 $ 876.82 $ 1,090.86 $ 1,304.90 $ 144.44 2 yard compactor $ 178.88 $ 323.50 $ 468.29 $ 613.13 $ 757.97 $ 902.83 $ 47.69 1 2 3 4 5 6 EXTRA PU
35 Gal Food $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 60 Gal Food $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 2 cubic yard $ 172.49 $ 344.97 $ 517.49 $ 689.98 $ 862.47 $ 1,034.94 $ 89.27 1 2 3 4 5 6 EXTRA PU
90 Gal Green (MF) $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 300 Gal Green (MF) $ 128.09 $ 256.17 $ 384.27 $ 512.37 $ 640.45 $ 768.52 $ 66.29 Residential Service Rate
Apartment Houses, Courts and Similar Dwellings Rate
Trailer Courts and Mobile Home Parks Rate
Bin and Commercial Cart Rates
MSW Service
Container Size
Monthly Rate (Based on pickups per week) Rate per Extra P/U
Compactor Service
Container Size
Monthly Rate (Based on pickups per week)
Organics Service
Container Size
Monthly Rate
Multi-Family Organics
Container Size
Monthly Rate
Exhibit 1
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated April 29, 2024 2-<<2>>

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96-gallon $ 32.02 $ 54.11 $ 76.16 $ 98.27 $ 120.34 $ 142.40 $ 16.56 2 cubic yard $ 81.69 $ 147.92 $ 214.15 $ 280.40 $ 346.62 $ 412.88 $ 21.81 3 cubic yard $ 92.72 $ 170.01 $ 247.28 $ 324.55 $ 401.82 $ 479.12 $ 24.78 4 cubic yard $ 103.76 $ 192.09 $ 280.40 $ 368.71 $ 457.01 $ 545.31 $ 28.98 Rate
Standard Roll-Off Box - Rate per pull $ 273.11
Compactor Roll-Off Box - Rate per Pull (excluding rental) $ 364.68 COD Roll-off 10 or 40-yard (up to 10 tons) - C&D Processing $ 1,090.51 COD Roll-off 10 or 40-yard (up to 10 tons) - Landfill $ 963.84 Tonnage Charge, per ton (refuse) $ 69.34
Tonnage Charge, per ton (construction and demolition debris) $ 82.06 Recyclable Material Roll-Off Service 150% of Pull Rate
Overweight per Ton Charge (per ton beyond 10 tons/load) 150% of Gate Rate Roll-Off Box Rental Charge - per day for each day beyond 14 days $ 22.88 Dry Run - pickup of empty roll-off box $ 152.59
Blocked Pickup $ 76.28
Overweight compactor transportation fee $ 599.01
Compactor Cleaning Service $ 391.55
Including all fees retained by, or paid to, City.

COD Roll-off Box Customers may be requested to pre-pay the Standard Roll-Off Box Pull Rate plus the per ton rate for up to ten (10) tons, with unused payment (the per ton payment for tons over actual tons collected) refunded within thirty (30) days of pull.

Rate Per
Service
Temporary Bin Services:
3 cubic yard bin, per dump $ 73.57
4 cubic yard bin, per dump $ 88.30
6 cubic yard bin, per dump $ 132.47
Bin rental (when less than one dump each 14 day period) $ 44.17 Blocked pickup $ 51.53
Locking Bins - monthly service charge:
1x week $ 7.36
2x week $ 14.71
3x week $ 22.08
4x week $ 29.46
5x week $ 36.79
6x week $ 44.17
Other Commercial
Services:

Rate per
Service
Commercial Bulky Item Pickup $ 29.46
Extra Bin Cleanings (beyond one free per year) $ 58.88
Bin Overflow Charge (after Customer has been notified of charge) $ 66.26 Contamination Charge, per occurrence $ 57.02
Commercial Setup Fee, per occurrence $ 28.52
Commercial CUB, Bin Delivery Fee, per occurrence $ 34.21 Commercial Cart Delivery Fee, per occurrence $ 28.52
Bin Redelivery Fee – Stop Service, per occurrence $ 34.21 Cart Replacement Fee – (Customer Damaged or Stolen) $ 59.22 Bulk Compost (per ton) $ 26.65
Other Residential
Services:

Rate per
Service
Cart Redelivery Fee – Stop Service, per occurrence $ 28.52 Cart Replacement Fee – After 1 free per 12-month period (Customer Damaged or Stolen) 59.22 $ Service Category
Comm Recy Service
Container Size
Monthly Rate (75% of MSW as of 7/1/23)
Roll-Off Box Charges
Exhibit 1
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated April 29, 2024 2-<<2>>

7.a
Packet Pg. 67
Attachment: Resolution No. 24 - w. Exhibits 00075572 052024 (6259 : CR&R routine rate increase 2024/2025) A BC
Line Adjustment Factor Index Old Index Value (P) New Index Value 0 1 Labor (1) 171.662 185.067 7.8% PRELIM - DEC
2 Fuel (2) 419.191 342.052 -18.4% PRELIM - DEC
3 Equipment (3) 158.288 161.416 2.0% PRELIM - DEC
4 Insurance (4) 147.526 152.197 3.2% PRELIM - DEC
5 Disposal (5) 300.113 311.907 3.9% FINAL - DEC
6 All Other (5) 300.113 311.907 3.9% FINAL - DEC
(F) Final Index Value
DEF
Line
Adjustment Factor Index Initial Cost Component
(6)
Cost Factor Category
Weighted as % of
Component Total (7)
Percent Change in
Index from Column
(C)
Total Weighted
Change
7 Labor (1) $ 882,878 23.46% 7.81% 1.80%
8 Fuel (2) $ 221,575 9.03% -18.40% -1.70%
9 Equipment (3) $ 558,424 10.52% 1.98% 0.20%
10 Insurance (4) $ 20,726 2.89% 3.17% 0.10%
11 Disposal (5) 851,240 31.47% 3.93% 1.20%
12 All Other (5) $ 1,217,334 22.63% 3.93% 0.90%
13 Total $ 3,752,176 100.00% 2.50%
Maximum allowed per contract 4.00%
G HIJ
Line Rate Category Existing Customer Rate
Total Weighted
Percentage Change
(Row 13 Column F)
Rate Increase or
Decrease
(Column G x Column
H)
Adjusted Monthly
Rate (Column G +
Column I)
14 Standard Service $ 23.87 2.5% $ 0.60 $ 24.47
15 Second Unit $ 14.56 2.5% $ 0.36 $ 14.92
16 Trailer Court 2nd unit $ 12.41 2.5% $ 0.31 $ 12.72
17 Extra Refuse Cart $ 14.92 2.5% $ 0.37 $ 15.29
18 Overage Pickup $ 7.46 2.5% $ 0.19 $ 7.65
19 3 yard bin, 1 pickup/wk $ 120.61 2.5% $ 3.02 $ 123.63 20 3 yard bin, 2 pickup/wk $ 221.14 2.5% $ 5.53 $ 226.67 21 3 yard bin, 3 pickup/wk $ 321.66 2.5% $ 8.04 $ 329.70 K LMNO
Line
Adjustment Factor Index Cost Component
(Column D)
Percentage Change
as Applied to Rate
Adjustment (Column
E)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100% for Future
Adjustments
22 Labor (1) 23.460% 7.809% 1.832% 25.292% 24.65%
23 Fuel (2) 9.030% -18.402% -1.662% 7.368% 7.18%
24 Equipment (3) 10.520% 1.976% 0.208% 10.728% 10.46%
25 Insurance (4) 2.890% 3.166% 0.092% 2.982% 2.91%
26 Disposal (5) 31.470% 3.930% 1.237% 32.707% 31.88%
27 All Other (5) 22.630% 3.930% 0.889% 23.519% 22.92%
28 Total 100.0% 102.60% 100.0%
Prior Notes - same as Exhibit
(1) Producer Price Index, PCU562111562111,Solid Waste Collection (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.

December Final
Step Five: Re-weight Cost Components
El Centro
2024 Rate Adjustment
Single Family & Commercial Rate Calculation
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply Percentage Change to Rates
Exhibit 2
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-1

7.a
Packet Pg. 68
Attachment: Resolution No. 24 - w. Exhibits 00075572 052024 (6259 : CR&R routine rate increase 2024/2025) ABC
Line Adjustment Factor Index Old Index Value New Index Value 0 1 2 Labor (1) 171.66 185.07 7.8%
3 Fuel (2) 419.19 342.05 -18.4%
4 Equipment (3) 158.29 161.42 2.0%
5 Insurance (4) 147.53 152.20 3.2%
6 All Other (5) 300.11 311.91 3.9%
7 Tonnage Charge (5) 300.11 311.91 3.9%
DEF
Line
Adjustment Factor Index Initial Cost
Component (6)
Cost Factor
Category Weighted
as % of Component
Total (6)
Percent Change in
Index from Column
(C)
Total Weighted
Change
8 0
9 Labor (1) $ 88,288 44.6% 7.8% 3.5%
10 Fuel (2) $ 22,157 9.0% -18.4% -1.6%
11 Equipment (3) $ 55,842 9.5% 2.0% 0.2%
12 Insurance (4) 2,073 2.9% 3.2% 0.1%
13 All Other (5) $ 121,733 34.1% 3.9% 1.3%
14 Service Component Rate $ 290,094 100.0% 3.5%
15 Tonnage Charge (5) 100.00 100.0% 3.9% 3.9%
Maximum allowed per contract 4.0%
GH I J
Line Rate Category Existing Customer
Rate
Total Weighted
Percentage Change
(from Column F, Line
13)
Rate Increase or
Decrease (Column G
x Column H)
Adjusted Monthly
Rate (Column G +
Column I)
16 Standard Roffoff Box $ 263.87 3.5% $ 9.24 $ 273.11
17 Compactor Rolloff Box $ 352.35 3.5% $ 12.33 $ 364.68 18 Tonnage Charge (refuse) $ 66.74 3.9% $ 2.60 $ 69.34
19 Tonnage Charge (C&D debris) $ 78.98 3.9% $ 3.08 $ 82.06 KLMNO
Line
Adjustment Factor Index
Cost
Component(Column
D)
Percentage Change
as Applied to Rate
Adjustment (Column
F)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100%
20 Labor (1) 44.56% 7.81% 3.48% 48.04% 46.44%
21 Fuel (2) 8.95% -18.40% -1.65% 7.30% 7.06%
22 Equipment (3) 9.50% 1.98% 0.19% 9.69% 9.36%
23 Insurance (4) 2.86% 3.17% 0.09% 2.95% 2.85%
24 All Other (5) 34.13% 3.93% 1.34% 35.47% 34.29%
25 Total 100.0% 103.45% 100.00%
Prior Notes - same as Exhibit
(1) Producer Price Index, PCU562111562111,Solid Waste Collection (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.

December Final
Service Component (Pull Rate)
Step Three: Apply percentage change to rates
Step Four: Re-weight service component cost components
El Centro
2024 Rate Adjustment
Rolloff Rate Calculation
Step One: Calculate percentage change in indices
Service Component (Pull Rate)
Step Two: Determine Components
Exhibit 2
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-2

7.a
Packet Pg. 69
Attachment: Resolution No. 24 - w. Exhibits 00075572 052024 (6259 : CR&R routine rate increase 2024/2025) Proposed New Rates
July 1, 2024 – June 30, 2025

7.b
Packet Pg. 70
Attachment: Attachment 1 - Proposed New Trash Rates 2024-2025 (6259 : CR&R routine rate increase 2024/2025) EXHIBIT 3A
Effective Rates as of July 1, 2024
Residential and Commercial: 2.5%
Rolloff Service 3.5%
Rolloff Tonnage 3.9%
Cart Service - one each refuse, recycling, and green waste cart 24.47 $ per month Additional Refuse Cart $ per month 15.28
Additional Recycling Cart at 50% of extra refuse rate 7.65 $ per month Additional Orgaincs Waste Cart at 50% of extra refuse rate 7.65 $ per month Additional Overage pickup for Automated Cart Customers 7.65 $ per month Additional Bulky item pickups (in excess of three per year) 30.62 $ per month Used Oil/Filter Collection per Eligible Home 0.06 $ per month Total w Used Oil
First Unit $ per month 24.47 $ 24.53
Units 2-15 $ per month 14.92 $ 14.98
Units 16-30 $ per month 13.44 $ 13.50
Units 31-50 $ per month 12.00 $ 12.06
Units 51-75 $ per month 11.02 $ 11.08
First Unit $ per month 24.47 $ 24.53
Units 2-5 $ per month 12.72 $ 12.78
Units 6-10 $ per month 12.00 $ 12.06
Units 11-20 $ per month 11.51 $ 11.57
Units 21-30 $ per month 11.02 $ 11.08
Units 31-50 $ per month 10.03 $ 10.09
Units 51-100 $ per month 9.54 $ 9.60
123 4 56
96-gallon $ 42.69 $ 72.14 $ 101.55 $ 131.02 $ 160.45 $ 189.86 $ 22.08 2 cubic yard $ 108.92 $ 197.23 $ 285.53 $ 373.86 $ 462.16 $ 550.51 $ 29.08 3 cubic yard $ 123.63 $ 226.68 $ 329.70 $ 432.73 $ 535.76 $ 638.82 $ 33.04 4 cubic yard $ 138.35 $ 256.12 $ 373.86 $ 491.61 $ 609.34 $ 727.08 $ 38.64 5 cubic yard $ 259.06 $ 384.19 $ 516.63 $ 649.12 $ 781.59 $ 914.05 $ 44.84 6 cubic yard $ 307.64 $ 447.44 $ 594.65 $ 741.83 $ 889.01 $ 1,036.21 $ 51.59 123 4 56
4 yard compactor $ 234.67 $ 448.71 $ 662.75 $ 876.82 $ 1,090.86 $ 1,304.90 $ 144.44 2 yard compactor $ 178.88 $ 323.50 $ 468.29 $ 613.13 $ 757.97 $ 902.83 $ 47.69 1 2 3 4 5 6 EXTRA PU
35 Gal Food $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 60 Gal Food $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 2 cubic yard $ 172.49 $ 344.97 $ 517.49 $ 689.98 $ 862.47 $ 1,034.94 $ 89.27 1 2 3 4 5 6 EXTRA PU
90 Gal Green (MF) $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 300 Gal Green (MF) $ 128.09 $ 256.17 $ 384.27 $ 512.37 $ 640.45 $ 768.52 $ 66.29 Residential Service Rate
Apartment Houses, Courts and Similar Dwellings Rate
Trailer Courts and Mobile Home Parks Rate
Bin and Commercial Cart Rates
MSW Service
Container Size
Monthly Rate (Based on pickups per week) Rate per Extra P/U
Compactor Service
Container Size
Monthly Rate (Based on pickups per week)
Organics Service
Container Size
Monthly Rate
Multi-Family Organics
Container Size
Monthly Rate
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated April 29, 2024 2-<<2>>

7.b
Packet Pg. 71
Attachment: Attachment 1 - Proposed New Trash Rates 2024-2025 (6259 : CR&R routine rate increase 2024/2025) 1 2 3 4 5 6 EXTRA PU
96-gallon $ 32.02 $ 54.11 $ 76.16 $ 98.27 $ 120.34 $ 142.40 $ 16.56 2 cubic yard $ 81.69 $ 147.92 $ 214.15 $ 280.40 $ 346.62 $ 412.88 $ 21.81 3 cubic yard $ 92.72 $ 170.01 $ 247.28 $ 324.55 $ 401.82 $ 479.12 $ 24.78 4 cubic yard $ 103.76 $ 192.09 $ 280.40 $ 368.71 $ 457.01 $ 545.31 $ 28.98 Rate
Standard Roll-Off Box - Rate per pull $ 273.11
Compactor Roll-Off Box - Rate per Pull (excluding rental) $ 364.68 COD Roll-off 10 or 40-yard (up to 10 tons) - C&D Processing $ 1,090.51 COD Roll-off 10 or 40-yard (up to 10 tons) - Landfill $ 963.84 Tonnage Charge, per ton (refuse) $ 69.34
Tonnage Charge, per ton (construction and demolition debris) $ 82.06 Recyclable Material Roll-Off Service 150% of Pull Rate
Overweight per Ton Charge (per ton beyond 10 tons/load) 150% of Gate Rate Roll-Off Box Rental Charge - per day for each day beyond 14 days $ 22.88 Dry Run - pickup of empty roll-off box $ 152.59
Blocked Pickup $ 76.28
Overweight compactor transportation fee $ 599.01
Compactor Cleaning Service $ 391.55
Including all fees retained by, or paid to, City.

Rate per
Service
Cart Redelivery Fee – Stop Service, per occurrence $ 28.52 Cart Replacement Fee – After 1 free per 12-month period (Customer Damaged or Stolen) 59.22 $ Service Category
Comm Recy Service
Container Size
Monthly Rate (75% of MSW as of 7/1/23)
Roll-Off Box Charges
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated April 29, 2024 2-<<2>>

7.b
Packet Pg. 72
Attachment: Attachment 1 - Proposed New Trash Rates 2024-2025 (6259 : CR&R routine rate increase 2024/2025) Proposed New Rates
Calculations
July 1, 2024 – June 30, 2025

7.b
Packet Pg. 73
Attachment: Attachment 1 - Proposed New Trash Rates 2024-2025 (6259 : CR&R routine rate increase 2024/2025) A BC
Line Adjustment Factor Index Old Index Value (P) New Index Value 0 1 Labor (1) 171.662 185.067 7.8% PRELIM - DEC
2 Fuel (2) 419.191 342.052 -18.4% PRELIM - DEC
3 Equipment (3) 158.288 161.416 2.0% PRELIM - DEC
4 Insurance (4) 147.526 152.197 3.2% PRELIM - DEC
5 Disposal (5) 300.113 311.907 3.9% FINAL - DEC
6 All Other (5) 300.113 311.907 3.9% FINAL - DEC
(F) Final Index Value
DEF
Line
Adjustment Factor Index Initial Cost Component
(6)
Cost Factor Category
Weighted as % of
Component Total (7)
Percent Change in
Index from Column
(C)
Total Weighted
Change
7 Labor (1) $ 882,878 23.46% 7.81% 1.80%
8 Fuel (2) $ 221,575 9.03% -18.40% -1.70%
9 Equipment (3) $ 558,424 10.52% 1.98% 0.20%
10 Insurance (4) $ 20,726 2.89% 3.17% 0.10%
11 Disposal (5) 851,240 31.47% 3.93% 1.20%
12 All Other (5) $ 1,217,334 22.63% 3.93% 0.90%
13 Total $ 3,752,176 100.00% 2.50%
Maximum allowed per contract 4.00%
G HIJ
Line Rate Category Existing Customer Rate
Total Weighted
Percentage Change
(Row 13 Column F)
Rate Increase or
Decrease
(Column G x Column
H)
Adjusted Monthly
Rate (Column G +
Column I)
14 Standard Service $ 23.87 2.5% $ 0.60 $ 24.47
15 Second Unit $ 14.56 2.5% $ 0.36 $ 14.92
16 Trailer Court 2nd unit $ 12.41 2.5% $ 0.31 $ 12.72
17 Extra Refuse Cart $ 14.92 2.5% $ 0.37 $ 15.29
18 Overage Pickup $ 7.46 2.5% $ 0.19 $ 7.65
19 3 yard bin, 1 pickup/wk $ 120.61 2.5% $ 3.02 $ 123.63 20 3 yard bin, 2 pickup/wk $ 221.14 2.5% $ 5.53 $ 226.67 21 3 yard bin, 3 pickup/wk $ 321.66 2.5% $ 8.04 $ 329.70 K LMNO
Line
Adjustment Factor Index Cost Component
(Column D)
Percentage Change
as Applied to Rate
Adjustment (Column
E)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100% for Future
Adjustments
22 Labor (1) 23.460% 7.809% 1.832% 25.292% 24.65%
23 Fuel (2) 9.030% -18.402% -1.662% 7.368% 7.18%
24 Equipment (3) 10.520% 1.976% 0.208% 10.728% 10.46%
25 Insurance (4) 2.890% 3.166% 0.092% 2.982% 2.91%
26 Disposal (5) 31.470% 3.930% 1.237% 32.707% 31.88%
27 All Other (5) 22.630% 3.930% 0.889% 23.519% 22.92%
28 Total 100.0% 102.60% 100.0%
Prior Notes - same as Exhibit
(1) Producer Price Index, PCU562111562111,Solid Waste Collection (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.

December Final
Step Five: Re-weight Cost Components
El Centro
2024 Rate Adjustment
Single Family & Commercial Rate Calculation
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply Percentage Change to Rates
Exhibit 3
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-1

7.b
Packet Pg. 74
Attachment: Attachment 1 - Proposed New Trash Rates 2024-2025 (6259 : CR&R routine rate increase 2024/2025) ABC
Line Adjustment Factor Index Old Index Value New Index Value 0 1 2 Labor (1) 171.66 185.07 7.8%
3 Fuel (2) 419.19 342.05 -18.4%
4 Equipment (3) 158.29 161.42 2.0%
5 Insurance (4) 147.53 152.20 3.2%
6 All Other (5) 300.11 311.91 3.9%
7 Tonnage Charge (5) 300.11 311.91 3.9%
DEF
Line
Adjustment Factor Index Initial Cost
Component (6)
Cost Factor
Category Weighted
as % of Component
Total (6)
Percent Change in
Index from Column
(C)
Total Weighted
Change
8 0
9 Labor (1) $ 88,288 44.6% 7.8% 3.5%
10 Fuel (2) $ 22,157 9.0% -18.4% -1.6%
11 Equipment (3) $ 55,842 9.5% 2.0% 0.2%
12 Insurance (4) 2,073 2.9% 3.2% 0.1%
13 All Other (5) $ 121,733 34.1% 3.9% 1.3%
14 Service Component Rate $ 290,094 100.0% 3.5%
15 Tonnage Charge (5) 100.00 100.0% 3.9% 3.9%
Maximum allowed per contract 4.0%
GH I J
Line Rate Category Existing Customer
Rate
Total Weighted
Percentage Change
(from Column F, Line
13)
Rate Increase or
Decrease (Column G
x Column H)
Adjusted Monthly
Rate (Column G +
Column I)
16 Standard Roffoff Box $ 263.87 3.5% $ 9.24 $ 273.11
17 Compactor Rolloff Box $ 352.35 3.5% $ 12.33 $ 364.68 18 Tonnage Charge (refuse) $ 66.74 3.9% $ 2.60 $ 69.34
19 Tonnage Charge (C&D debris) $ 78.98 3.9% $ 3.08 $ 82.06 KLMNO
Line
Adjustment Factor Index
Cost
Component(Column
D)
Percentage Change
as Applied to Rate
Adjustment (Column
F)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100%
20 Labor (1) 44.56% 7.81% 3.48% 48.04% 46.44%
21 Fuel (2) 8.95% -18.40% -1.65% 7.30% 7.06%
22 Equipment (3) 9.50% 1.98% 0.19% 9.69% 9.36%
23 Insurance (4) 2.86% 3.17% 0.09% 2.95% 2.85%
24 All Other (5) 34.13% 3.93% 1.34% 35.47% 34.29%
25 Total 100.0% 103.45% 100.00%
Prior Notes - same as Exhibit
(1) Producer Price Index, PCU562111562111,Solid Waste Collection (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.

December Final
Service Component (Pull Rate)
Step Three: Apply percentage change to rates
Step Four: Re-weight service component cost components
El Centro
2024 Rate Adjustment
Rolloff Rate Calculation
Step One: Calculate percentage change in indices
Service Component (Pull Rate)
Step Two: Determine Components
Exhibit 3
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-2

7.b
Packet Pg. 75
Attachment: Attachment 1 - Proposed New Trash Rates 2024-2025 (6259 : CR&R routine rate increase 2024/2025) Managing Tomorrow’s Resources Today
2081 Business Center Drive, Suite 265 Robert D. Hilton, Emeritus Irvine, California 92612 John W. Farnkopf, PE
Telephone: 949/251-8628 Laith B. Ezzet, CMC
www.hfh-consultants.com Richard J. Simonson
Marva M. Sheehan, CPA
Robert C. Hilton

May 13, 2024
Cedric Cesena, City Manager
Mr. Abraham Campos, Public Works Director/City Engineer City of El Centro
1275 Main Street
El Centro, California 92243
Review of CR&R’s Solid Waste Rate Adjustment Request to be Effective July 1, 2024 Dear Cedric and Abraham:

We have reviewed the solid waste services rate adjustment request submitted to the City of El Centro (City) by CR&R Incorporated (CR&R), dated March 26, 2024 (Exhibit 1), and the updated values resubmitted on April 29, 2024.

Rates are adjusted annually under Section 6.3 of the Amended and Restated Agreement between City of El Centro and CR&R Incorporated for Integrated Solid Wate Management Services (Agreement) based on changes in specified cost components. Such cost components are weighted differently depending on the service categories: 1) single family and commercial rates; and 2) roll-off box service rates, resulting in potentially different rate adjustments for each service category. The per ton disposal components of roll-off box loads are also calculated separately.

Per Section 6.2 of the Agreement, any adjustment may not increase by more than four percent (4%) annually, there shall not be any carryforwards, and there shall be no decreases. The weighted changes calculated for each of the service categories did not exceed the 4% cap in 2024.

The proposed increases are included in the table below.

CR&R’s Proposed Rate Adjustments.

Service Category
Proposed
Change
Residential and Commercial 2.5%
Roll-Off Box – Service/Pull Rate 3.5%
Roll-Off Box- Tonnage Charge 3.9%
During HF&H’s review, we noted the proposed rates were calculated by CR&R utilizing base rates that varied from currently effective rates by $0.01 for 43 service levels. HF&H recommended CR&R update its calculations to utilize the rates from the published rate schedule effective July 1, 2023.

Additionally, the Bureau of Labor Statistics finalized the index used to calculate the Labor service component adjustment since C&R’s initial submittal. HF&H recommended CR&R revise the index value

7.c
Packet Pg. 76
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025)

HF&H CONSULTANTS, LLC
Cedric Cesena
May 13, 2024

Page 2 of 2 ends

to reflect the final index value. This update did not result in a change to the calculated rate adjustment being proposed.

CR&R submitted an updated proposal on April 29, 2024, and HF&H agrees with the revised rates as recalculated by CR&R.

Conclusion - Recommended Next Steps
Based on the analysis and findings described above, we recommend approving the FY 2024-2025 solid waste collection rates re-submitted by CR&R on April 29, 2024, included as Exhibit 2. The rates are supported by the rate adjustment calculations included in Exhibit 3. * * * * *
If you have any questions, please contact Laith at (949) 251-8902 or via email at lezzet@hfhconsultants.com or Lindsey at (949) 251-0231 or [email protected].

Very truly yours,

Laith Ezzet, CMC Lindsey Lagos, CPA
Senior Vice President Project Manager
Enclosures: Exhibit 1 – FY 2024-25 CR&R Rate Adjustment Letter Exhibit 2 – Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated April 29, 2024 Exhibit 3 – FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024

7.c
Packet Pg. 77
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) Exhibit 1
FY 2024-25 CR&R Rate Adjustment Letter
1-1

7.c
Packet Pg. 78
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) EXHIBIT 3A
Effective Rates as of July 1, 2024
Residential and Commercial: 2.5%
Rolloff Service 3.5%
Rolloff Tonnage 3.9%
Cart Service - one each refuse, recycling, and green waste cart 24.47 $ per month Additional Refuse Cart $ per month 15.28
Additional Recycling Cart at 50% of extra refuse rate 7.65 $ per month Additional Orgaincs Waste Cart at 50% of extra refuse rate 7.65 $ per month Additional Overage pickup for Automated Cart Customers 7.65 $ per month Additional Bulky item pickups (in excess of three per year) 30.62 $ per month Used Oil/Filter Collection per Eligible Home 0.06 $ per month Total w Used Oil
First Unit $ per month 24.47 $ 24.53
Units 2-15 $ per month 14.92 $ 14.98
Units 16-30 $ per month 13.44 $ 13.50
Units 31-50 $ per month 12.00 $ 12.06
Units 51-75 $ per month 11.02 $ 11.08
First Unit $ per month 24.47 $ 24.53
Units 2-5 $ per month 12.72 $ 12.78
Units 6-10 $ per month 12.00 $ 12.06
Units 11-20 $ per month 11.51 $ 11.57
Units 21-30 $ per month 11.02 $ 11.08
Units 31-50 $ per month 10.03 $ 10.09
Units 51-100 $ per month 9.54 $ 9.60
123 4 56
96-gallon $ 42.69 $ 72.14 $ 101.55 $ 131.02 $ 160.45 $ 189.86 $ 22.08 2 cubic yard $ 108.92 $ 197.23 $ 285.53 $ 373.86 $ 462.16 $ 550.51 $ 29.08 3 cubic yard $ 123.63 $ 226.68 $ 329.70 $ 432.73 $ 535.76 $ 638.82 $ 33.04 4 cubic yard $ 138.35 $ 256.12 $ 373.86 $ 491.61 $ 609.34 $ 727.08 $ 38.64 5 cubic yard $ 259.06 $ 384.19 $ 516.63 $ 649.12 $ 781.59 $ 914.05 $ 44.84 6 cubic yard $ 307.64 $ 447.44 $ 594.65 $ 741.83 $ 889.01 $ 1,036.21 $ 51.59 123 4 56
4 yard compactor $ 234.67 $ 448.71 $ 662.75 $ 876.82 $ 1,090.86 $ 1,304.90 $ 144.44 2 yard compactor $ 178.88 $ 323.50 $ 468.29 $ 613.13 $ 757.97 $ 902.83 $ 47.69 1 2 3 4 5 6 EXTRA PU
35 Gal Food $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 60 Gal Food $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 2 cubic yard $ 172.49 $ 344.97 $ 517.49 $ 689.98 $ 862.47 $ 1,034.94 $ 89.27 1 2 3 4 5 6 EXTRA PU
90 Gal Green (MF) $ 42.69 $ 85.38 $ 128.09 $ 170.79 $ 213.48 $ 256.17 $ 22.08 300 Gal Green (MF) $ 128.09 $ 256.17 $ 384.27 $ 512.37 $ 640.45 $ 768.52 $ 66.29 Residential Service Rate
Apartment Houses, Courts and Similar Dwellings Rate
Trailer Courts and Mobile Home Parks Rate
Bin and Commercial Cart Rates
MSW Service
Container Size
Monthly Rate (Based on pickups per week) Rate per Extra P/U
Compactor Service
Container Size
Monthly Rate (Based on pickups per week)
Organics Service
Container Size
Monthly Rate
Multi-Family Organics
Container Size
Monthly Rate
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated April 29, 2024 2-<<2>>

7.c
Packet Pg. 79
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) 1 2 3 4 5 6 EXTRA PU
96-gallon $ 32.02 $ 54.11 $ 76.16 $ 98.27 $ 120.34 $ 142.40 $ 16.56 2 cubic yard $ 81.69 $ 147.92 $ 214.15 $ 280.40 $ 346.62 $ 412.88 $ 21.81 3 cubic yard $ 92.72 $ 170.01 $ 247.28 $ 324.55 $ 401.82 $ 479.12 $ 24.78 4 cubic yard $ 103.76 $ 192.09 $ 280.40 $ 368.71 $ 457.01 $ 545.31 $ 28.98 Rate
Standard Roll-Off Box - Rate per pull $ 273.11
Compactor Roll-Off Box - Rate per Pull (excluding rental) $ 364.68 COD Roll-off 10 or 40-yard (up to 10 tons) - C&D Processing $ 1,090.51 COD Roll-off 10 or 40-yard (up to 10 tons) - Landfill $ 963.84 Tonnage Charge, per ton (refuse) $ 69.34
Tonnage Charge, per ton (construction and demolition debris) $ 82.06 Recyclable Material Roll-Off Service 150% of Pull Rate
Overweight per Ton Charge (per ton beyond 10 tons/load) 150% of Gate Rate Roll-Off Box Rental Charge - per day for each day beyond 14 days $ 22.88 Dry Run - pickup of empty roll-off box $ 152.59
Blocked Pickup $ 76.28
Overweight compactor transportation fee $ 599.01
Compactor Cleaning Service $ 391.55
Including all fees retained by, or paid to, City.

Rate per
Service
Cart Redelivery Fee – Stop Service, per occurrence $ 28.52 Cart Replacement Fee – After 1 free per 12-month period (Customer Damaged or Stolen) 59.22 $ Service Category
Comm Recy Service
Container Size
Monthly Rate (75% of MSW as of 7/1/23)
Roll-Off Box Charges
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated April 29, 2024 2-<<2>>

7.c
Packet Pg. 80
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) A BC
Line Adjustment Factor Index Old Index Value (P) New Index Value 0 1 Labor (1) 171.662 185.067 7.8% PRELIM - DEC
2 Fuel (2) 419.191 342.052 -18.4% PRELIM - DEC
3 Equipment (3) 158.288 161.416 2.0% PRELIM - DEC
4 Insurance (4) 147.526 152.197 3.2% PRELIM - DEC
5 Disposal (5) 300.113 311.907 3.9% FINAL - DEC
6 All Other (5) 300.113 311.907 3.9% FINAL - DEC
(F) Final Index Value
DEF
Line
Adjustment Factor Index Initial Cost Component
(6)
Cost Factor Category
Weighted as % of
Component Total (7)
Percent Change in
Index from Column
(C)
Total Weighted
Change
7 Labor (1) $ 882,878 23.46% 7.81% 1.80%
8 Fuel (2) $ 221,575 9.03% -18.40% -1.70%
9 Equipment (3) $ 558,424 10.52% 1.98% 0.20%
10 Insurance (4) $ 20,726 2.89% 3.17% 0.10%
11 Disposal (5) 851,240 31.47% 3.93% 1.20%
12 All Other (5) $ 1,217,334 22.63% 3.93% 0.90%
13 Total $ 3,752,176 100.00% 2.50%
Maximum allowed per contract 4.00%
G HIJ
Line Rate Category Existing Customer Rate
Total Weighted
Percentage Change
(Row 13 Column F)
Rate Increase or
Decrease
(Column G x Column
H)
Adjusted Monthly
Rate (Column G +
Column I)
14 Standard Service $ 23.87 2.5% $ 0.60 $ 24.47
15 Second Unit $ 14.56 2.5% $ 0.36 $ 14.92
16 Trailer Court 2nd unit $ 12.41 2.5% $ 0.31 $ 12.72
17 Extra Refuse Cart $ 14.92 2.5% $ 0.37 $ 15.29
18 Overage Pickup $ 7.46 2.5% $ 0.19 $ 7.65
19 3 yard bin, 1 pickup/wk $ 120.61 2.5% $ 3.02 $ 123.63 20 3 yard bin, 2 pickup/wk $ 221.14 2.5% $ 5.53 $ 226.67 21 3 yard bin, 3 pickup/wk $ 321.66 2.5% $ 8.04 $ 329.70 K LMNO
Line
Adjustment Factor Index Cost Component
(Column D)
Percentage Change
as Applied to Rate
Adjustment (Column
E)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100% for Future
Adjustments
22 Labor (1) 23.460% 7.809% 1.832% 25.292% 24.65%
23 Fuel (2) 9.030% -18.402% -1.662% 7.368% 7.18%
24 Equipment (3) 10.520% 1.976% 0.208% 10.728% 10.46%
25 Insurance (4) 2.890% 3.166% 0.092% 2.982% 2.91%
26 Disposal (5) 31.470% 3.930% 1.237% 32.707% 31.88%
27 All Other (5) 22.630% 3.930% 0.889% 23.519% 22.92%
28 Total 100.0% 102.60% 100.0%
Prior Notes - same as Exhibit
(1) Producer Price Index, PCU562111562111,Solid Waste Collection (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.

December Final
Step Five: Re-weight Cost Components
El Centro
2024 Rate Adjustment
Single Family & Commercial Rate Calculation
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply Percentage Change to Rates
Exhibit 3
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-1

7.c
Packet Pg. 81
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) ABC
Line Adjustment Factor Index Old Index Value New Index Value 0 1 2 Labor (1) 171.66 185.07 7.8%
3 Fuel (2) 419.19 342.05 -18.4%
4 Equipment (3) 158.29 161.42 2.0%
5 Insurance (4) 147.53 152.20 3.2%
6 All Other (5) 300.11 311.91 3.9%
7 Tonnage Charge (5) 300.11 311.91 3.9%
DEF
Line
Adjustment Factor Index Initial Cost
Component (6)
Cost Factor
Category Weighted
as % of Component
Total (6)
Percent Change in
Index from Column
(C)
Total Weighted
Change
8 0
9 Labor (1) $ 88,288 44.6% 7.8% 3.5%
10 Fuel (2) $ 22,157 9.0% -18.4% -1.6%
11 Equipment (3) $ 55,842 9.5% 2.0% 0.2%
12 Insurance (4) 2,073 2.9% 3.2% 0.1%
13 All Other (5) $ 121,733 34.1% 3.9% 1.3%
14 Service Component Rate $ 290,094 100.0% 3.5%
15 Tonnage Charge (5) 100.00 100.0% 3.9% 3.9%
Maximum allowed per contract 4.0%
GH I J
Line Rate Category Existing Customer
Rate
Total Weighted
Percentage Change
(from Column F, Line
13)
Rate Increase or
Decrease (Column G
x Column H)
Adjusted Monthly
Rate (Column G +
Column I)
16 Standard Roffoff Box $ 263.87 3.5% $ 9.24 $ 273.11
17 Compactor Rolloff Box $ 352.35 3.5% $ 12.33 $ 364.68 18 Tonnage Charge (refuse) $ 66.74 3.9% $ 2.60 $ 69.34
19 Tonnage Charge (C&D debris) $ 78.98 3.9% $ 3.08 $ 82.06 KLMNO
Line
Adjustment Factor Index
Cost
Component(Column
D)
Percentage Change
as Applied to Rate
Adjustment (Column
F)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100%
20 Labor (1) 44.56% 7.81% 3.48% 48.04% 46.44%
21 Fuel (2) 8.95% -18.40% -1.65% 7.30% 7.06%
22 Equipment (3) 9.50% 1.98% 0.19% 9.69% 9.36%
23 Insurance (4) 2.86% 3.17% 0.09% 2.95% 2.85%
24 All Other (5) 34.13% 3.93% 1.34% 35.47% 34.29%
25 Total 100.0% 103.45% 100.00%
Prior Notes - same as Exhibit
(1) Producer Price Index, PCU562111562111,Solid Waste Collection (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.

December Final
Service Component (Pull Rate)
Step Three: Apply percentage change to rates
Step Four: Re-weight service component cost components
El Centro
2024 Rate Adjustment
Rolloff Rate Calculation
Step One: Calculate percentage change in indices
Service Component (Pull Rate)
Step Two: Determine Components
Exhibit 3
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-2

7.c
Packet Pg. 82
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) 2/19/24, 5:16 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Special Notices 12/05/2023
Change Output Options:

From: 2014 To: 2024
include graphs include annual averages
Data extracted on: February 19, 2024 (8:16:13 PM)
Consumer Price Index for All Urban Consumers (CPI-U)
Series Id: CUUR0000SA0L1E
Not Seasonally Adjusted
Series Title: All items less food and energy in U.S. city average, all urban consumers, not seasonally adjusted Area: U.S. city average
Item: All items less food and energy
Base Period: 1982-84=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2014 235.367 236.075 236.913 237.509 238.029 238.157 238.138 238.296 238.841 239.413 239.248 238.775 237.897 237.008 238.785 2015 239.248 240.083 241.067 241.802 242.119 242.354 242.436 242.651 243.359 243.985 244.075 243.779 242.247 241.112 243.381 2016 244.528 245.680 246.358 246.992 247.544 247.794 247.744 248.278 248.731 249.218 249.227 249.134 247.602 246.483 248.722 2017 250.083 251.143 251.290 251.642 251.835 252.014 251.936 252.460 252.941 253.638 253.492 253.558 252.169 251.335 253.004 2018 254.638 255.783 256.610 257.025 257.469 257.697 257.867 258.012 258.429 259.063 259.105 259.083 257.565 256.537 258.593 2019 260.122 261.114 261.836 262.332 262.590 263.177 263.566 264.169 264.522 265.059 265.108 264.935 263.211 261.862 264.560 2020 266.004 267.268 267.312 266.089 265.799 266.302 267.703 268.756 269.054 269.328 269.473 269.226 267.693 266.462 268.923 2021 269.755 270.696 271.713 273.968 275.893 278.218 279.146 279.507 279.884 281.617 282.754 283.908 277.255 273.374 281.136 2022 285.996 288.059 289.305 290.846 292.506 294.680 295.646 297.178 298.442 299.315 299.600 300.113 294.307 290.232 298.382 2023 301.962 304.011 305.476 306.899 308.096 308.910 309.402 310.103 310.817 311.380 311.606 311.907 308.381 305.892 310.869 2024 313.623
12-Month Percent Change
Series Id: CUUR0000SA0L1E
Not Seasonally Adjusted
Series Title: All items less food and energy in U.S. city average, all urban consumers, not seasonally adjusted Area: U.S. city average
Item: All items less food and energy
Base Period: 1982-84=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2014 1.6 1.6 1.7 1.8 2.0 1.9 1.9 1.7 1.7 1.8 1.7 1.6 1.7 1.8 1.7 2015 1.6 1.7 1.8 1.8 1.7 1.8 1.8 1.8 1.9 1.9 2.0 2.1 1.8 1.7 1.9 2016 2.2 2.3 2.2 2.1 2.2 2.2 2.2 2.3 2.2 2.1 2.1 2.2 2.2 2.2 2.2 2017 2.3 2.2 2.0 1.9 1.7 1.7 1.7 1.7 1.7 1.8 1.7 1.8 1.8 2.0 1.7 2018 1.8 1.8 2.1 2.1 2.2 2.3 2.4 2.2 2.2 2.1 2.2 2.2 2.1 2.1 2.2 2019 2.2 2.1 2.0 2.1 2.0 2.1 2.2 2.4 2.4 2.3 2.3 2.3 2.2 2.1 2.3 2020 2.3 2.4 2.1 1.4 1.2 1.2 1.6 1.7 1.7 1.6 1.6 1.6 1.7 1.8 1.6 2021 1.4 1.3 1.6 3.0 3.8 4.5 4.3 4.0 4.0 4.6 4.9 5.5 3.6 2.6 4.5 2022 6.0 6.4 6.5 6.2 6.0 5.9 5.9 6.3 6.6 6.3 6.0 5.7 6.2 6.2 6.1 2023 5.6 5.5 5.6 5.5 5.3 4.8 4.7 4.3 4.1 4.0 4.0 3.9 4.8 5.4 4.2 2024 3.9
U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us Exhibit 3
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-3

7.c
Packet Pg. 83
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) 2/19/24, 5:12 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Special Notices 12/05/2023
Change Output Options:

From: 2014 To: 2024
include graphs include annual averages
Data extracted on: February 19, 2024 (8:11:51 PM)
PPI Commodity Data
Series Id: WPU057303
Not Seasonally Adjusted
Series Title: PPI Commodity data for Fuels and related products and power-No. 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power
Item: No. 2 diesel fuel
Base Date: 198200
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 308.5 322.0 318.1 318.7 316.5 308.8 307.8 306.9 302.3 283.4 272.3 229.9 299.6 2015 182.6 191.5 193.1 183.8 202.6 198.7 194.0 189.2 169.4 173.5 167.4 130.8 181.4 2016 119.2 113.4 119.4 123.6 144.4 155.4 157.6 149.8 163.1 159.7 157.0 158.8 143.5 2017 161.1 163.5 161.3 162.9 173.6 171.5 179.6 188.9 204.2 213.5 223.7 223.8 185.6 2018 229.4 226.5 224.8 231.8 251.1 261.4 256.9 254.3 262.5 271.7 264.8 232.7 247.3 2019 201.1 218.3 239.3 237.7 235.0 204.4 220.0 207.2 218.4 220.5 223.1 231.1 221.3 2020 214.5 193.3 169.7 123.6 108.3 137.8 179.2 191.0 177.5 187.3 201.1 224.6 175.7 2021 232.9 264.4 304.1 282.0 318.8 317.8 326.966 322.279 334.175 374.107 366.731 346.234 315.869 2022 365.449 415.354 503.052 528.256 587.939 665.720 568.603 497.425 548.658 605.641 585.306 419.191 524.216 2023 449.169 435.578 406.306 387.167 363.260 342.988 322.199 428.045 446.947 407.772(P) 393.711(P) 342.030(P) 393.764(P) 2024 327.919(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. 12-Month Percent Change
Series Id: WPU057303
Not Seasonally Adjusted
Series Title: PPI Commodity data for Fuels and related products and power-No. 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power
Item: No. 2 diesel fuel
Base Date: 198200
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 -3.3 -6.0 -0.9 0.1 2.9 1.3 -1.2 -3.9 -7.8 -11.0 -11.3 -26.9 -5.7 2015 -40.8 -40.5 -39.3 -42.3 -36.0 -35.7 -37.0 -38.4 -44.0 -38.8 -38.5 -43.1 -39.5 2016 -34.7 -40.8 -38.2 -32.8 -28.7 -21.8 -18.8 -20.8 -3.7 -8.0 -6.2 21.4 -20.9 2017 35.2 44.2 35.1 31.8 20.2 10.4 14.0 26.1 25.2 33.7 42.5 40.9 29.3 2018 42.4 38.5 39.4 42.3 44.6 52.4 43.0 34.6 28.6 27.3 18.4 4.0 33.2 2019 -12.3 -3.6 6.5 2.5 -6.4 -21.8 -14.4 -18.5 -16.8 -18.8 -15.7 -0.7 -10.5 2020 6.7 -11.5 -29.1 -48.0 -53.9 -32.6 -18.5 -7.8 -18.7 -15.1 -9.9 -2.8 -20.6 2021 8.6 36.8 79.2 128.2 194.4 130.6 82.5 68.7 88.3 99.7 82.4 54.2 79.8 2022 56.9 57.1 65.4 87.3 84.4 109.5 73.9 54.3 64.2 61.9 59.6 21.1 66.0 2023 22.9 4.9 -19.2 -26.7 -38.2 -48.5 -43.3 -13.9 -18.5 -32.7(P) -32.7(P) -18.4(P) -24.9(P) 2024 -27.0(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.

U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us Exhibit 3
FY 2024-25 CR&R Rate Adjustment Calculations, Updated April 29, 2024 3-4

7.c
Packet Pg. 84
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) 2/19/24, 5:13 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Special Notices 12/05/2023
Change Output Options:

From: 2014 To: 2024
include graphs include annual averages
Data extracted on: February 19, 2024 (8:13:18 PM)
PPI Industry Data
Series Id: PCU336120336120
Series Title: PPI industry data for Heavy duty truck mfg, not seasonally adjusted Industry: Heavy duty truck mfg
Product: Heavy duty truck mfg
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 138.8 139.3 139.4 139.1 139.1 139.2 139.1 139.4 139.5 139.7 139.8 139.7 139.3 2015 140.7 140.9 141.9 141.9 141.8 141.8 142.3 142.4 142.5 142.6 142.7 142.9 142.0 2016 144.3 144.3 144.3 144.7 144.9 144.6 144.7 144.8 145.2 145.0 145.3 145.5 144.8 2017 147.9 147.6 147.5 148.2 148.3 147.3 147.6 147.8 147.4 147.0 147.4 147.6 147.6 2018 147.7 148.5 148.8 148.5 148.9 148.9 149.3 150.4 150.3 150.4 150.4 150.4 149.4 2019 150.6 150.6 150.6 150.6 150.6 150.6 151.2 151.2 151.2 151.1 151.1 151.1 150.9 2020 151.8 151.8 151.8 151.8 151.8 151.8 152.7 152.7 152.7 152.8 152.8 152.9 152.3 2021 152.9 152.9 153.0 153.2 153.2 153.5 153.499 153.835 153.835 153.888 154.071 154.071 153.497 2022 154.695 154.750 154.750 154.750 156.895 157.577 157.597 157.733 157.793 158.194 158.278 158.494 156.792 2023 158.640 159.541 159.542 159.678 159.897 160.381 160.952 160.953 161.234 161.271(P) 161.336(P) 161.416(P) 160.404(P) 2024 161.416(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. 12-Month Percent Change
Series Id: PCU336120336120
Series Title: PPI industry data for Heavy duty truck mfg, not seasonally adjusted Industry: Heavy duty truck mfg
Product: Heavy duty truck mfg
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 2.0 2.6 2.8 2.9 2.2 1.7 1.5 1.9 1.9 1.2 0.9 1.0 1.8 2015 1.4 1.1 1.8 2.0 1.9 1.9 2.3 2.2 2.2 2.1 2.1 2.3 1.9 2016 2.6 2.4 1.7 2.0 2.2 2.0 1.7 1.7 1.9 1.7 1.8 1.8 2.0 2017 2.5 2.3 2.2 2.4 2.3 1.9 2.0 2.1 1.5 1.4 1.4 1.4 1.9 2018 -0.1 0.6 0.9 0.2 0.4 1.1 1.2 1.8 2.0 2.3 2.0 1.9 1.2 2019 2.0 1.4 1.2 1.4 1.1 1.1 1.3 0.5 0.6 0.5 0.5 0.5 1.0 2020 0.8 0.8 0.8 0.8 0.8 0.8 1.0 1.0 1.0 1.1 1.1 1.2 0.9 2021 0.7 0.7 0.8 0.9 0.9 1.1 0.5 0.7 0.7 0.7 0.8 0.8 0.8 2022 1.2 1.2 1.1 1.0 2.4 2.7 2.7 2.5 2.6 2.8 2.7 2.9 2.1 2023 2.6 3.1 3.1 3.2 1.9 1.8 2.1 2.0 2.2 1.9(P) 1.9(P) 1.8(P) 2.3(P) 2024 1.7(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.

7.c
Packet Pg. 85
Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) 2/19/24, 5:15 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Special Notices 12/05/2023
Change Output Options:

From: 2014 To: 2024
include graphs include annual averages
Data extracted on: February 19, 2024 (8:15:21 PM)
PPI Industry Data
Series Id: PCU524---524---
Series Title: PPI industry sub-sector data for Insurance carriers and related activities, not seasonally adjusted Industry: Insurance carriers and related activities
Product: Insurance carriers and related activities
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 125.3 125.4 125.4 125.5 125.6 125.6 125.7 125.6 125.7 125.8 126.0 126.1 125.6 2015 126.1 126.3 126.3 126.5 126.6 126.7 126.9 126.9 127.0 127.3 127.5 127.6 126.8 2016 128.6 128.7 128.8 129.1 129.1 129.1 129.4 129.5 129.5 129.9 129.9 130.1 129.3 2017 131.9 132.1 132.3 133.0 133.1 133.4 133.5 133.5 133.6 133.8 133.8 134.2 133.2 2018 136.5 136.7 137.0 137.2 137.4 137.4 138.4 138.6 138.8 138.9 138.9 139.0 137.9 2019 139.6 139.7 139.9 139.9 140.2 140.4 140.8 141.0 141.0 141.2 141.2 141.3 140.5 2020 142.7 143.0 143.2 143.1 143.2 143.4 143.4 143.3 143.3 143.2 143.2 143.3 143.2 2021 143.1 143.2 143.1 143.1 143.3 143.4 143.750 143.724 143.720 143.612 143.610 143.873 143.448 2022 145.614 145.581 145.626 145.697 145.797 145.996 146.449 146.598 146.888 147.032 146.961 147.586 146.319 2023 149.896 149.950 150.103 150.399 150.411 151.443 151.403 151.763 152.125 152.184(P) 152.160(P) 152.197(P) 151.170(P) 2024 152.794(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. 12-Month Percent Change
Series Id: PCU524---524---
Series Title: PPI industry sub-sector data for Insurance carriers and related activities, not seasonally adjusted Industry: Insurance carriers and related activities
Product: Insurance carriers and related activities
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 1.5 1.4 1.3 1.4 1.5 1.4 1.2 1.0 0.9 0.9 1.0 1.0 1.1 2015 0.6 0.7 0.7 0.8 0.8 0.9 1.0 1.0 1.0 1.2 1.2 1.2 1.0 2016 2.0 1.9 2.0 2.1 2.0 1.9 2.0 2.0 2.0 2.0 1.9 2.0 2.0 2017 2.6 2.6 2.7 3.0 3.1 3.3 3.2 3.1 3.2 3.0 3.0 3.2 3.0 2018 3.5 3.5 3.6 3.2 3.2 3.0 3.7 3.8 3.9 3.8 3.8 3.6 3.5 2019 2.3 2.2 2.1 2.0 2.0 2.2 1.7 1.7 1.6 1.7 1.7 1.7 1.9 2020 2.2 2.4 2.4 2.3 2.1 2.1 1.8 1.6 1.6 1.4 1.4 1.4 1.9 2021 0.3 0.1 -0.1 0.0 0.1 0.0 0.2 0.3 0.3 0.3 0.3 0.4 0.2 2022 1.8 1.7 1.8 1.8 1.7 1.8 1.9 2.0 2.2 2.4 2.3 2.6 2.0 2023 2.9 3.0 3.1 3.2 3.2 3.7 3.4 3.5 3.6 3.5(P) 3.5(P) 3.1(P) 3.3(P) 2024 1.9(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.

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Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025) 2/19/24, 5:10 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Special Notices 12/05/2023
Change Output Options:

From: 2014 To: 2024
include graphs include annual averages
Data extracted on: February 19, 2024 (8:10:25 PM)
PPI Industry Data
Series Id: PCU562111562111
Series Title: PPI industry data for Solid waste collection, not seasonally adjusted Industry: Solid waste collection
Product: Solid waste collection
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 125.3 125.7 126.3 126.5 126.4 126.3 126.9 127.7 128.2 128.6 128.4 128.1 127.0 2015 128.2 128.3 128.7 128.9 128.5 128.0 127.7 128.8 128.7 128.9 129.0 128.3 128.5 2016 129.8 130.4 131.7 132.6 132.8 132.7 132.6 133.1 133.2 133.0 132.5 132.3 132.2 2017 132.7 133.2 133.8 135.0 134.9 134.9 135.1 135.5 136.7 137.2 137.0 137.0 135.3 2018 138.7 139.9 140.7 141.7 141.0 140.3 140.6 141.1 141.3 141.6 141.6 141.5 140.8 2019 142.3 142.9 145.5 145.9 144.8 144.3 144.7 145.3 145.6 145.9 146.2 146.3 145.0 2020 147.8 148.5 149.9 150.2 149.6 148.3 148.5 149.2 150.3 151.5 151.5 151.0 149.7 2021 151.9 153.3 155.3 155.5 154.4 153.7 153.682 154.194 154.781 156.182 156.292 156.451 154.640 2022 157.216 159.419 161.793 163.654 163.583 163.487 166.915 168.119 169.273 171.277 171.509 171.662 165.659 2023 173.971 177.654 181.089 183.017 182.853 182.308 182.349 184.472 185.960 186.003(P) 186.818(P) 185.067(P) 182.630(P) 2024 185.407(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. 12-Month Percent Change
Series Id: PCU562111562111
Series Title: PPI industry data for Solid waste collection, not seasonally adjusted Industry: Solid waste collection
Product: Solid waste collection
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 1.6 1.8 2.0 2.0 2.3 2.2 2.5 2.6 2.7 3.0 2.8 2.7 2.3 2015 2.3 2.1 1.9 1.9 1.7 1.3 0.6 0.9 0.4 0.2 0.5 0.2 1.2 2016 1.2 1.6 2.3 2.9 3.3 3.7 3.8 3.3 3.5 3.2 2.7 3.1 2.9 2017 2.2 2.1 1.6 1.8 1.6 1.7 1.9 1.8 2.6 3.2 3.4 3.6 2.3 2018 4.5 5.0 5.2 5.0 4.5 4.0 4.1 4.1 3.4 3.2 3.4 3.3 4.1 2019 2.6 2.1 3.4 3.0 2.7 2.9 2.9 3.0 3.0 3.0 3.2 3.4 3.0 2020 3.9 3.9 3.0 2.9 3.3 2.8 2.6 2.7 3.2 3.8 3.6 3.2 3.2 2021 2.8 3.2 3.6 3.5 3.2 3.6 3.5 3.3 3.0 3.1 3.2 3.6 3.3 2022 3.5 4.0 4.2 5.2 5.9 6.4 8.6 9.0 9.4 9.7 9.7 9.7 7.1 2023 10.7 11.4 11.9 11.8 11.8 11.5 9.2 9.7 9.9 8.6(P) 8.9(P) 7.8(P) 10.2(P) 2024 6.6(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.

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Attachment: Attachment 2 - El Centro Rate Adjustment Review Letter- 2024 (6259 : CR&R routine rate increase 2024/2025)

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF EL

CENTRO REGARDING ESTABLISHING RATES FOR THE COLLECTION,

TRANSPORTATION, RECYCLING, PROCESSING, AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2024-2025 IN THE CITY OF EL CENTRO
NOTICE HEREBY IS GIVEN THAT on Tuesday, June 4, 2024, at the City Council Chambers, 1275 Main St., El Centro, at 6:00 p.m. (or as soon thereafter as the agenda permits), the City Council of the City of El Centro will hold a public hearing to consider establishing increased rates for the collection, transportation, recycling, processing, and disposal ofsolid waste for fiscal year 2024-2025.

The prior rate increase occurred July 1, 2023. As provided at the time of that increase and revised Franchise Agreement, commencing each year from July 1, 2023 to June 30, 2027, CR&R may request an annual increase not to exceed four percent 4% of the existing rate. Such increase may be provided in the amount requested, or less, as determined by the City Council based upon the provisions of the Franchise Agreement with the advice of its independent consultant.

A 2.5% rate increase is proposed for residential solid waste collection and related services as provided by the Franchise Agreement: residential cart service, which includes the blue, green and black carts, would increase from $23.87 to $24.47per month. A 2.5% rate increase is also proposed for commercial bin and cart rates; rates vary by bin size. Roll-offservice is proposed to increase 3.5%.

Copies of the complete list of proposed new rates, along with documents relating to the calculation ofsuch proposed rates as required by the Franchise Agreement and verified by the City’s independent consultant, are posted on the City’s website under https://cityofelcentro.org/finance/rates/and on file for inspection in the Office of the City Clerk, City of El Centro, at City Hall, 1275 Main Street, El Centro, California. If approved, the rate changes will be effective July 1, 2024.

At the public hearing, the City Council will hear all comments regarding this proposed rate increase. All interested persons are invited to attend. Failure to raise an objection at this hearing may result in your inability to protest such rate increase in the future. For any question, please call Frank Pacheco at 760- 337-3177.

Dated: __________
Norma Wyles, CMC
City Clerk

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Attachment: Attachment 3 - Notice of Public Hearing 00075517 (English) (6259 : CR&R routine rate increase 2024/2025)

AVISO DE AUDENCIA

PUBLICA
AVISO DE AUDIENCIA PÚBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD

DE EL CENTRO SOBRE EL ESTABLECIMIENTO DE TARIFAS PARA LA RECOLECCIÓN, TRANSPORTE, RECICLAJE, PROCESAMIENTO Y DISPOSICIÓN DE RESIDUOS SÓLIDOS PARA EL AÑO FISCAL 2024-2025 EN LA CIUDAD DE EL CENTRO
POR LA PRESENTE SE NOTIFICA QUE el martes 4 de junio de 2024, en la Cámara del Concejo Municipal, 1275 Main St., El Centro, a las 6:00 p.m. (o tan pronto como la agenda lo permita), el Concejo Municipal de la Ciudad de El Centro realizará una audiencia pública para considerar establecer nuevas tarifas para la recolección, transporte, reciclaje, procesamiento y disposición de residuos sólidos para el año fiscal 2024- 2025.

El último aumento de tarifas ocurrió el 1 de julio de 2023. Como se explicó en el momento de ese aumento y en el contrato de franquicia revisado, cada año CR&R puede solicitar un aumento anual que no exceda el cuatro por ciento 4% a partir del 1 de julio de 2023 hasta el 30 de junio de 2027. Se puede proporcionar un aumento en la cantidad solicitada, o menos, según lo determine el Concejo Municipal con el asesoramiento de su consultor independiente.

Se propone un aumento de la tarifa del 2.5% para la recolección de desechos sólidos residenciales y los servicios relacionados según lo estipulado en el contrato de franquicia (es decir, el servicio de recolección de residuos residencial, que incluye los contenedores azul, verde y negro, aumentaría de $23.87 a $24.47 por mes). También se propone un aumento de la tarifa del 2.5% para las tarifas de contenedores y carros comerciales; las tarifas varían según el tamaño del contenedor. El servicio de roll-off también se propone incrementar un 3.5%.

Copias de la lista completa de las nuevas tarifas propuestas, junto con los documentos relacionados con el cálculo de dichas tarifas propuestas según lo exige el contrato de franquicia y verificado por el consultor independiente de la Ciudad están disponibles en la pagina web de la ciudad https://cityofelcentro.org/finance/rates/ y estan archivadas para su inspección en la Oficina de la Secretaria Municipal, Ciudad de El Centro, en el Ayuntamiento, 1275 Main Street, El Centro, California. Si se aprueba los cambios de tarifas, estas entrarán en vigencia el 1 de julio de 2024.

En la audiencia pública, el Concejo Municipal escuchará todos los comentarios sobre este aumento de tarifa propuesto. Todas las personas interesadas están invitadas a asistir. Si no presenta una objeción en esta audiencia, es posible que no pueda protestar por dicho aumento de tarifas en el futuro. Para cualquier pregunta, llame a Frank Pacheco al 760-337-3177.

Fecha: __________
Norma Wyles, CMC
City Clerk

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Attachment: Attachment 4 - Notice of Public Hearing (Spanish) 052024 (6259 : CR&R routine rate increase 2024/2025)

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Attachment: Attachment 4 - Notice of Public Hearing (Spanish) 052024 (6259 : CR&R routine rate increase 2024/2025) City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Budget
Prepared By: Elizabeth Fuchen
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6397) DOC ID: 6397
Budget Workshop Fiscal Year 2025 - General Fund
CITY MANAGER’S RECOMMENDATION:

For Discussion
FISCAL IMPACT:

As discussed.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

The General Fund budget includes allocations to fund the operations directly involved in the strategic plan goals of:

Ø Financial & Governance Stability
Ø Environmental Sustainability
Ø Community Health, Safety & Welfare
Ø Recreation & Lifelong Learning
Ø City Beautification
Ø Engagement & Civic Pride
Ø Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not applicable.

BACKGROUND:

It is the policy of the City of El Centro to prepare an annual budget reflecting proposed expenditures and the revenues to be used to fund those expenditures. This is the budget workshop for the fiscal year 2024-2025 and includes the General Fund budget.

DISCUSSION: BUDGET FISCAL YEAR 2025 - Detail
Revenues
Projected ongoing operating revenues for fiscal year 2023-2024 total are estimated to be $36,264,770. Estimated ongoing operating revenues for fiscal year 2024-2025 total $36,498,928; this amount is $234,158 more than the amount that was projected for fiscal year 2023-2024.

1. Sales Tax is the single largest revenue source for the City. The following are the historical sales tax revenues:
8 Packet Pg. 91
Action Item (ID # 6397) Meeting of June 4, 2024
FY 2021 - $14.7 million
FY 2022 - $16.3 million
FY 2023 - $16.7 million
FY 2024 - $16.9 million (Projected)
FY 2025 - $17.3 million (Budget Estimate)

2. Motor Vehicle in Lieu Tax is the second largest revenue source for the City.

Revenues from this source have been as follows:

FY 2021 - $4.8 million
FY 2022 - $4.9 million
FY 2023 - $5.2 million
FY 2024 - $5.4 million (Projected)
FY 2025 - $5.6 million (Budget Estimate)

3. Property Tax is the third major revenue source for the City. Revenues from this source have been as follows:

FY 2021 - $4.1 million
FY 2022 - $4.2 million
FY 2023 - $4.3 million
FY 2024 - $4.5 million (Projected)
FY 2025 - $4.6 million (Budget Estimate)

4. Transient Occupancy Tax is the fourth largest revenue source for the City.

Revenues from this source have been as follows:

FY 2021 - $2.2 million
FY 2022 - $2.4 million
FY 2023 - $2.6 million
FY 2024 - $2.4 million (Projected)
FY 2025 - $2.5 million (Budget Estimate)
Expenditures
The preliminary Fiscal Year 2025 budget includes expenditures in the total amount of $44.3 million. The allocation is as follows:
78% - Salaries, Benefits, Overtime
20% - Supplies & Services
2% - Capital
Expenditures exceed projected revenues by $7.8 million.

Total expenditures Net of Revenues
FY 2025 - $44,304,232 ($7,805,304)
The following are some of the items included in the budget for fiscal year 2025:
· Liability & Property Insurance $1.9 Million
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Action Item (ID # 6397) Meeting of June 4, 2024
· Legal Professional Services $400,000
· IVRMA Annual Dues $95,000
· Street Lighting Cost $500,000
· Aquatic Center $1.5 Million
· Police Programs: (Explorer Program $20,000; Volunteer Program $15,000)$35,000 · LAFCO Annual Dues
$220,000
· Contributions: (IVEDC $2,000; SBDC $2,000; Film Commission $1,000) $5,000
· IVECA $275,850
· Transfer Out to Special Events Fund $95,000
· Skate Park - Janitorial Contract and Landscaping Services $25,120 · Library - Janitorial Contract $58,337
· Adult Center, PO Pavilion, Community Center - Janitorial Contracts $51,112 · Parks - Janitorial Contract and Landscaping Services $465,000 CalPERS
CalPERS pension costs have been an ongoing concern due to the continuous increases the City has seen in the past. The factors that have driven past pension cost increases are the following: actuarial assumptions, decreases in the CalPERS discount rate, amortization policy, and CalPERS low investment returns.

Per CalPERS’s latest valuation dated July 2023, the City of El Centro will see an increase in pension costs of approximately $2,215,869 in the next five years. The amount allocated for pension costs in fiscal year 2025 is $8.9 million and represents 20% of the General Fund budget.

Capital Expenditures
The amount of capital requested for general fund activities totaled $2.1 Million, of which $1,348,247 was not included in the 2025 budget. The amount recommended with this budget is $719,254.

The following is the listing of the requested capital items included in the fiscal year 2025 budget:

1. Air Conditioners - Incubator Buildings - $76,620

2. In-Cars & Body Worn Cameras and System - Police - $260,000

3. Transfer Switch - Fire - $30,000

4. Narcotic Control & Security - Fire - $17,142

5. Fitness Equipment - Fire - $14,024

6. Fire Incident Command System - Fire - $19,000

7. Backhoe - Street Maintenance - $70,000

8. Truck - Building - $65,000

9. Skip Loader - Parks - $132,000

10.Audio Equipment - Youth Center - $21,925
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Action Item (ID # 6397) Meeting of June 4, 2024

11.Audio Equipment - Sports Pavilion - $13,543
Total Capital Supplies & Equipment Recommended: $719,254 Personnel Expenditures
There were requests for 13 new positions and 11.26 reclassifications. A total of 7.5 new positions are being recommended in this budget. A total of 10.26 positions are being recommended for reclassification in this budget.

The following is the listing of the requested new positions and reclassifications included in the fiscal year 2025 budget:

New Positions
Finance
· (1) Accountant
Building Maintenance
· (1) Building Maintenance Mechanic I
Police
· (1) Crime Analyst
· (1) Evidence Technician
Building
· (1) Code Enforcement Officer I
Parks
· (1) Park Maintenance Worker I
Youth Center
· (.5) Custodian II
Sports Pavilion
· (.5) Custodian II
Library
· (.5) Children’s Librarian
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Action Item (ID # 6397) Meeting of June 4, 2024
Reclassifications
City Clerk
· RECLASSIFY - (1) Clerical Assistant to Secretarial Assistant Finance
· RECLASSIFY - (1) Accounting Assistant to Payroll Coordinator Public Works Administration
· RECLASSIFY - (.26) Auto Cad Technician to Infrastructure Coordinator Engineering
· RECLASSIFY - (1) Permit Coordinator to Permit Coordinator II Parks
· RECLASSIFY - (.15) Community Development Inspector - G11 to G13 Recreation
· RECLASSIFY - (.15) Community Development Inspector - G11 to G13 Library
· RECLASSIFY - (6) Library Assistants - G4 to G6
Economic Development
· RECLASSIFY - (.70) Community Development Inspector - G11 to G13 Challenges
1) Increase in personnel costs due to a projected 5% - 6% increase in base salaries. The following three items were considered in this projection:
a. Any applicable step increases (previously negotiated). b. A 2% Cost of Living Adjustment to Wage Tables (previously negotiated).
c. Projections are based on wage tables adopted and implemented in fiscal year 2022-2023. These wage tables replaced historical 10- step tables with 5-step tables. Placing employees on their new step based upon the 5-step table also had a cost impact which is reflected in the 5% - 6% increase.
2) Decline in the level of Fund Balance as a result of an increase in costs of supplies and services due to rising inflation and departmental needs. 3) Decline in the level of Fund Balance as a result of proposed additional personnel aimed at addressing the rising demand for services related to recreational facilities, street beautification, and City growth support. 8 Packet Pg. 95
Action Item (ID # 6397) Meeting of June 4, 2024
4) Increasing capital outlay costs due to the inevitable need to replace obsolete and failing capital items such as vehicles, computers, heavy equipment, furniture, IT infrastructure, etc.

SUMMARY
Projected revenues are increasing at a much slower rate than are expenditures, therefore causing expenditures to exceed revenues. In fiscal year 2025, this anticipated shortfall will be funded by the City’s Fund Balance. While the City has a moderately sized Fund Balance that can fund the projected deficit in fiscal year 2025, funding an ongoing deficit out of the City’s fund balance is not sustainable in the long run. This is a forward-looking challenge that Finance and the City Manager's Office have started to address and will need to be planned for when developing the budget for future fiscal years. It is Finance's goal to assist in developing a plan to address these budgetary needs.
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City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Bid
Prepared By: Javier Villaverde
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6381) DOC ID: 6381
Discussion and Necessary Action to Approve Bid Documents for the General Landscaping Services, Tree Removal and
Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins and Authorize the Community Services Department to go out for Bid
CITY MANAGER’S RECOMMENDATION:

The services performed under this maintenance contract will be paid for from the General Fund Parks Division.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Due diligence will be conducted after bids are received.

BACKGROUND:

The City of El Centro’s Parks Maintenance Division is tasked with maintaining the landscaping at numerous City facilities, these include park facilities and other City facilities. Areas the Parks Division maintains includes landscaping at the Library, Aquatic Center, Fire Department Stations, Police Station, Downtown right of ways, City Hall, Economic Development, and others. Currently, approximately 111 acres of park space are maintained and approximately 29 acres of retention basin green space are maintained.

The Parks Division consists of one Parks Supervisor, One Lead Worker, Two Parks Maintenance II employees, and Four Parks Maintenance I employees for a total of eight employees. A total of seven employees work out on the field. The Parks Division also includes two temporary Monitor employees that assist in opening ballfield gates, restrooms, and opening/closing City facilities.
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Action Item (ID # 6381) Meeting of June 4, 2024
Due to limited staffing, the City relies on contracted landscaping services to mow grass and prune and trim shrubbery and other landscaping. Major irrigation breaks and other significant projects are completed in-house by City staff.

The contracts are generally divided as follows:

1. Large City Parks, Ballfields, and Retention Basins Mowing Contract- Carlos Aguilar Park, Bucklin Park, Community Center/McGee Park, Countryside Park, Farmers Park, Frazier Field, Gomez Park, Leeper Park, Lotus Strip, Debbie Pittman Park, Plank Park, Stark Park, Swarthout Park, Efren Coronel Park (formerly Wildflower Park), Wake Avenue & South Clark Right of Way, Water Treatment Plant, Wastewater Treatment Plant, Wastewater Substation Plant.

This contract also includes the following retention basins: Farmers, Lotus, Ocotillo, and Tangerine.

2. Small City Parks and City Facilities Contract- Eight Downtown Parking Lots, City Hall, Economic Development Offices, Town Square, 8th and Vine Park (Water Tower Site), Fire Station #1, Fire Station #2, Fire Station #3, Old Post Office Pavilion, Police Department, Business Incubator, Aquatic Center, Sidewinder Skate Park, Dr. MLK Jr. Sports Pavilion, Library, Dog Park, First Responders Park, and Buena Vista Park (future), Road Medians at various locations, and the Transit Center.

3. Lighting and Landscaping Maintenance District- Legacy Ranch District (4th Street/SR86 and Farnsworth Lane, Legacy Subdivision, Legacy (Memorial) Park, Buena Vista Subdivision, Buena Vista Park (future), Town Center Subdivision and Retention Basin.

DISCUSSION:

The City's Routine General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins Contract has expired and is in need of renewal. Per the City's Purchasing and Contracting Methods Guidelines, a formal bid process will be utilized for the procurement of a company to perform the maintenance work.

Due to the growth in park facilities and increases in the minimum wage, it is anticipated the contract price will increase. Council have the opportunity to accept or reject bids when they are received.

CONCLUSION:

Staff recommends that the City Council approve the Bid Documents and Authorize the Community Services Department to send out for bids.

ATTACHMENTS:
· A24-0089 General Landscaping Large Parks - June 2024 (PDF) 9 Packet Pg. 98
05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping

CITY OF EL CENTRO
Department of Parks & Recreation
Request for Bids
General Landscaping Services, Tree Removal, Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins Requested By:

City of El Centro
Parks & Recreation Division
375 S. 1st Street
El Centro, CA 92243
Phone: (760) 337-4553
Fax: (760) 337-4551
Adriana Nava, Community Services Director

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Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
1 CITY OF EL CENTRO

GENERAL LANDSCAPING SERVICES, TREE REMOVAL, IRRIGATION REPAIR AND

EMERGENCY LANDSCAPING SERVICES AT CITY PARKS AND LARGE AREAS

TABLE OF CONTENTS
Title Section Page Number
Notice Inviting Bids 2-4
Instructions to Bidders 5-14
Bid Forms 15-25
Experience Statement 26
Non-Collusion Declaration 27
Bid Bond 28
Corporate Certification or Partnership Information 29
Drug/Alcohol Testing Requirements 30
Workers Compensation Certificate 31
Site Visit Certificate 32
Contractor’s Certification of Qualification for License Classification 33 Performance Bond 34
Payment Bond 35
Maintenance Services Agreement 36-47
General Conditions 48-61
Special Provisions 62-80

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2 NOTICE INVITING BIDS
RECEIPT OF BIDS: Sealed bids will be received at the office of the City Clerk, City of El Centro (City) located at 1275 Main Street, El Centro, CA 92243, until 2:00 PM, on____________, for general landscape services, tree-trimming and removal, and emergency oncall services at various parks and public facilities within the City of El Centro (the Work, as described below). Bids received after the due time and date will not be considered. The bid will be awarded to the lowest responsive and responsible bidder.

DESCRIPTION OF WORK: To provide all labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements.

CONTRACTOR shall be required to perform the following landscape maintenance activities at various sites throughout the City as follows:
 Tree trimming 15 Feet maximum
 Tree removal including stump and roots
 Tree planting per City Guidelines
 Lawn mowing/edging maintenance
 Irrigation system (all systems) maintenance
 Weed abatement
 Clean up and disposal and/or recycling of generated green waste  Root pruning and root barrier installation
 Shrub trimming
 Groundcover maintenance
 Fertilizing
 Emergency on-call services
 Certified Tree Arborist Services (new requirement)
SITE OF WORK: The site of the WORK is located in the City at various City parks and facilities as outlined in the bid schedule.

OPENING OF BIDS: The bids will be publicly opened and read aloud at 2:00 PM on Thursday, , 2024, at the above-mentioned office of the CITY. Contractors and their authorized agents are invited to be present.

OBTAINING CONTRACT DOCUMENTS: The contract documents are entitled “General Landscaping Services, Tree Removal, Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins.” The Contract Documents may be downloaded free from Planet Bids by visiting the City of El Centro website at www.cityofelcentro.org and selecting “Public Works (Planet Bids)” from the “DOING BUSINESS” drop down.

COMPLETION OF WORK: The term of the contract will be for an initial three (3) year period, and will include (2) two options for (1) year extensions up to a total contract of five (5) years.

BIDS TO REMAIN OPEN: The successful CONTRACTOR shall guarantee the total bid price for a period of 120 calendar days from the date of bid opening.

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3 CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California law, the CITY has determined that the successful CONTRACTOR shall possess a valid business license from the City of El Centro and a C-27 Landscaping license from the State of California at the time that the bid is submitted and maintain during the period of the contract.

Failure to possess the specified licenses shall render the bid non-responsive and shall act as a bar to award of the contract to any CONTRACTOR not possessing said licenses. Failure of the successful CONTRACTOR to possess said licenses during the contract period will be considered a breach of the contract.

MANDATORY PRE-BID CONFERENCE: Bidders MUST attend a pre-bid conference, which will be conducted by the City’s PROJECT MANAGER on____________, at 10:00 A.M.

The meeting will be held at the Economic Development Division Conference Room located at 1249 Main St., El Centro, CA 92243. The objective of the Pre-bid conference is to acquaint Bidders with the scope of work and provide the opportunity to conduct a job walk to familiarize the bidders with the site conditions.

MANDATORY EXAMINATION OF WORK SITES: The CONTRACTOR also is required to examine carefully all the sites as listed in the bid document. Contractor’s submission of a bid confirms that the CONTRACTOR has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of WORK to be performed, and as to the requirements of the contract documents.

PROJECT ADMINISTRATION: All communications relative to this WORK shall be directed, in writing, to the CITY’s Parks Supervisor prior to the opening of bids.

City of El Centro Parks & Recreation Division
1249 Main Street
El Centro, CA 92243
Attn: Javier Villaverde
Parks Supervisor
Telephone: (760) 337-4543
Email - [email protected]
Questions must be submitted in writing by 5:00pm , 2024 to allow time for distributing answers and/or clarifications to plan holders.

CITY’S RESPONSES: Responses to questions that may be asked will be provided by written Addenda at least 10 days prior to bid due date. No oral comments shall be of any force or effect with respect to this solicitation.

CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such sections for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of CITY. It shall be mandatory for CONTRACTOR to whom the WORK is awarded, and upon any Subcontractor under CONTRACTOR, to pay not less than said specified rates to all workers employed by them in the execution of the WORK.

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4 CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS: Labor Code section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code section 4104, or engage in the performance of any contract for public work, as that term is defined in Chapter 1, Part 7, Division 2 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5.

Labor Code section 1771.1 also provides that it is not a violation of that section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code section 7029.1 or by Public Contract Code section 10164, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

RETAINAGE FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by CITY, by depositing securities of equivalent value with CITY in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by CITY, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and CITY.

No bid will be received unless it is made on the prescribed bid form furnished by the City. No emailed or faxed bids will be accepted. Each bid must be accompanied by a guaranty of cash, certified check, cashier’s check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract. All guaranties are to be returned after the contract is awarded. See Section 17 of the Instructions to Bidders below.

CITY'S RIGHTS RESERVED: The CITY reserves the right to reject any or all bids, to waive any informality in a bid and to make awards to the lowest responsive, responsible bidder as it may best serve the interest of the CITY.

Date:____________________ CITY: City of El Centro
___________________________
Norma Wyles, City Clerk
—END OF NOTICE INVITING BIDS—

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5 INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to CITY, as distinct from a sub-bidder, who submits a Bid to a Bidder.

2. INTERPRETATIONS AND ADDENDA.

2.1 All questions about the meaning or intent of the Contract Documents are to be directed to CITY. Interpretations or clarifications considered necessary by CITY in response to such questions will be issued by addenda. Questions received after the deadline will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by CITY.

3. COMPETENTCY OF BIDDERS. The lowest Bidder must be both responsive and responsible.

3.1 Responsible bidder: Responsiveness is determined by looking at the bid documents. The responsive bidder must meet the requirements of the bid documents themselves..

3.2 Responsive Bidder: In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the WORK covered by the Bid. In determining a responsible bidder, the bidder must demonstrate the attributes of trustworthiness, quality, fitness, capacity and experience. (See Public Contracts Code Section 1103). These factors may be determined by factors beyond the face of the bid.

Responsible bidder as it pertains to this contract shall be as follows:

A responsible bidder is one that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance of the contract. Factors to be considered in determining whether the standard of responsibility has been met include whether a bidder has:
a. The appropriate financial, material, equipment, facility, capacity (adequate workforce to complete the job in a timely fashion) and personnel resources, including all required certifications, licenses, and expertise necessary to indicate its capacity to meet all contractual requirements, including the following specific requirements:
i.Adequate workforce to meet multiple critical work schedules at once; ii.Ability to start projects on the commencement dates set forth by the City and satisfactorily complete them within the City’s stated time limits; b. A satisfactory record of performance, including but not limited to any prior work performed by bidder for the City or other agency;

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6 c. Evidence of bidder’s ability to provide the required bonding and insurance capacity. Apparent low bidder with cash or cashier’s check as bid bond is required to submit a pre-qualification letter from an acceptable surety or cashier’s check as performance bond within fourteen (14) calendar days of the bid opening;
d. A satisfactory record of integrity, diligence, and professionalism in the specific contract work;
e. The legal qualifications to contract with the City.

3.1.2 Information Pertaining to Responsibility. If the City intends to reject a bid on the basis of non-responsibility, the City will give notice before the award of the contract to that bidder along with any evidence reflecting on the bidder’s responsibility. The City will give that bidder the opportunity to rebut such evidence and present evidence of qualification. The prospective contractor shall supply any information requested by the City concerning the responsibility of such contractor, including the qualifications and performance records of contractor’s employees and proposed subcontractors. If the prospective CONTRACTOR fails to supply the requested information, the City shall base the al determination of responsibility in award of the Contract upon available substantial information. The City may use the information provided by prospective CONTRACTOR as well as information obtained from other legitimate sources, including City staff’s own experience with the prospective CONTRACTOR and prospective CONTRACTOR’s employees.

3.1.3 Written Determination of Non-responsibility Requirements. If a bidder who otherwise would have been awarded the Contract is found non-responsible, a written determination of non-responsibility setting forth the basis determination shall be prepared by the City and sent to the non-responsible bidder or offeror.

3.1.4 Hearing on Non-Responsibility: The bidder shall have an opportunity to appeal the City’s determination on non-responsibility to the City Council. The City Council shall conduct a hearing pursuant to _______________.

FILING OF BID PROTESTS
The Protest does not replace the requirement to report irregularities in the bid documents.

By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. The following terms as used in this Section shall have the following meanings:
“Protest” shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of documents accompanying that notice; or (ii) a proposed award recommendation protest.

Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open

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7 competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the City of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
(1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.

If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor.

Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. The City’s Community Services Director or designee, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, requires other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.

The Community Services Director or designee shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.

Protest of Award
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder, may protest City’s proposed award of the Contract by submitting a protest to the Community Services Director or designee no later than close of business on the fifth business day following the opening of Bids. That protest must be submitted in a timely manner, signed by the protesting Bidder, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protestor; and

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8 b. The Project Name and Project Number; and
c. The City action or recommendation that is being protested; d. A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents, including, if applicable, non-responsibility.
e. A clear statement of the relief requested
A protest that does not comply with the requirements set forth here will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.

Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted, and will provide copies of the protest to the affected parties as soon as is reasonably practical. (2) Evaluation and Determination
The affected parties may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from the City.

If the protest is based upon non-responsibility, the City shall follow the provisions regarding non-responsibility set out above before determining how to proceed with the bid.

The Community Services Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.

No hearing shall be provided on the basis of non-responsive ness. In the event a hearing is conducted, on the issue of non-responsibility, the Community Services Director or designee, shall issue written notice to the protestor and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.

Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:

1. The items or services being procured are urgently required to meet public health, safety and welfare needs;

2. Delivery or performance of essential public services will be delayed by the failure to make award promptly;

3. Failure to make prompt award will otherwise cause undue harm to the City or its residence.

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9 No Limitations on Remedies
Nothing contained herein shall be construed to act as a limitation of the City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.

Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statues, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:

1. Prior to award, City may issue a new solicitation, make a new selection/award recommendation, or award the contract consistent with applicable statutes, regulations, policies and procedures;

2. Take no further action;

3. Pursuant to the requirements of state law, in the event of a protest based upon nonresponsibility, hold a hearing on that issue; or

2. Take any other action that is permitted by law to promote compliance.

Basis for Choice of Remedy
In determining the appropriate remedy, the City shall consider all of the circumstances surrounding the notice of bids and/or award, including, but not limited to:

1. The seriousness of any deficiency found to exist in the contracting process;

2. The effect of the action on the competitive process;

3. Any urgency surrounding the requirement to enter into a contract; and

4. The effect that implementing the remedy will have on the City.

4. LICENSES:

4.1EL CENTRO BUSINESS LICENSE. All Bidders and their Subcontractors not already having a license from the City of El Centro for the WORK will be required to secure the appropriate business license from the City of El Centro before the Agreement can be executed.

2.1 Contractors License ______________

3. DISQUALIFICATION OF BIDDERS. More than one (1) Bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If CITY believes that any Bidder is interested in more than one (1) Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If CITY believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK.

6. BIDDER’S EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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10 It is the responsibility of each Bidder before submitting a Bid:
(a) To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical data” referred to below); (b) To visit the site to become familiar with and satisfy Bidder as to the general and local conditions that may affect cost, progress or performance of the WORK; (c) To consider Federal, State and local Laws and Regulations that may affect cost, progress or performance of the WORK;
(d) To study and carefully correlate the Bidder’s knowledge and observations with the Contract Documents and other related data; and
(e) To notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related data.
(f) The bidder is required to thoroughly examine the Specifications including Contract Form for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the requirements of the specifications, including the contract. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such examination.

7. BID FORM.

7.1 The Bid shall be made on the Bid Schedule bound herein and the pages may be removed from the bound volume. The envelope enclosing the sealed Bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words “BID FOR” followed by “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins” El Centro, CA, 92243, and the date and hour of opening of Bids.

The Bid Security shall be enclosed in the same envelope with the Bid.

7.2 All blanks on the Bid Form must be completed in ink.

7.3 Bids by corporations must be executed in the corporate name by the president and a vice-president (or other corporate officer). Such Bid shall be accompanied by the enclosed certificate of authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.

7.4 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by evidence of authority to sign and his/her title must appear under the signature and the official address of the partnership must appear below the signature.

7.5 All names must be printed below the signature.

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11 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. Failure to acknowledge Addenda shall render the Bid non-responsive and shall be cause for its rejection.

7.7 The address to which communications regarding the Bid are to be directed must be shown.

7.8 All Bidders must provide evidence of authority to conduct business in California to the extent required by law.

8. QUANTITIES OF WORK. The quantities of work or material stated in unit price items of the Landscape Bid Form are supplied only to give an indication of the general scope of the WORK; CITY does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the amount of any unit price item of the WORK in accordance with Article 3 of the General Conditions, to delete any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed twenty-five (25) percent of the Contract Price.

9. SUBSTITUTE OR “OR EQUAL” ITEMS. N/A –

10. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place set forth in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time.

11. BID SECURITY, BONDS AND INSURANCE. Each Bid shall be accompanied by a certified or cashier’s check or approved Bid bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City of El Centro and shall be given as a guarantee that the Bidder, if awarded the Agreement, will enter into an Agreement with CITY, and will furnish the necessary insurance certificates, payment bond and performance bond; each of said Bonds to be in the amount stated in the Supplementary General Conditions. In case of refusal or failure to enter into said Agreement, the check or Bid bond, as the case may be, shall be forfeited to CITY. If the Bidder elects to furnish a Bid bond as its Bid security, the Bidder shall use the Bid bond form bound herein, or one conforming substantially to it in form.

12. DISCREPANCIES IN BIDS. In the event of a discrepancy between words and numbers in the Bid, the words shall govern. In the event there are unit price Bid items in the Schedule of Values and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one (1) Bid item in the Schedule of Values and the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction.

13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations or erasures in the printed text. Alternative Bids will not be

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12 considered unless called for. Oral, telegraphic or telephonic Bids or modifications will not be considered.

14. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids.

15. BID RESULTS. To obtain bid results, provide a self-addressed, stamped envelope, referencing “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins General Landscaping Services and Emergency Landscape Services at Various City Parks and Facilities.” Bid tabulation will be mailed to you after verification of extensions. Bid results will not be given out over the telephone. Bid results may be posted on the City’s website at www.cityofelcentro.org.

16. AWARD OF CONTRACT. Award of a contract, if it be awarded, will be on the basis of the Bid proposal estimated quantities and will be made to the lowest responsive Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid schedule. The lowest Bid shall be the lowest total of the Bid prices on the Base Bid.

17. RETURN OF BID SECURITY. Within fourteen (14) Days after award of the Agreement, CITY will return the Bid securities accompanying such of the Bids as are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany.

18. EXECUTION OF AGREEMENT. The apparent low Bidder will be required to execute a written Agreement with CITY on the form of agreement provided, shall secure all insurance and shall furnish all certificates and Bonds required by the Contract Documents within fourteen (14) calendar Days after receipt of notification that the Bidder is the apparent low Bidder. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be considered non-responsive and result in the forfeiture of the Bid security. If the lowest responsive Bidder refuses or fails to execute the Agreement, CITY may proceed to the second lowest responsive Bidder. If the second lowest responsive Bidder refuses or fails to execute the Agreement, CITY may proceed to the third lowest responsive Bidder.

On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder’s Bid securities shall be likewise forfeited to CITY.

19. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement.

20. WORKERS’ COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with section 3700 of the California Labor Code it will, if awarded the Agreement, be required to secure the payment of compensation to its employees and

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13 execute the Workers’ Compensation Certification in the form contained in these Contract Documents.

21. INTERPRETATION OF SPECIFICATIONS. Should a Bidder be in doubt as to the true meaning of any item in the Specifications or should Bidder discover items containing discrepancies or omissions, the Community Services Director shall be immediately notified. All requests for interpretations must be submitted ninety-six (96) hours before bid opening. All questions must be directed to the Community Services Director, Adriana Nava, by emailing [email protected]. The project name must be referenced in all communication.

If found necessary, interpretation or correction will be made by written addendum, a copy of which will be sent to each plan holder. Such addenda are to be considered as part of the contract documents, and the Bidder shall acknowledge this condition by listing each addendum by number in his bid proposal. The Director shall not be held responsible for any oral interpretations or instructions. No addenda can be issued less than forty-eight (48) hours before bid opening without an accompanying bid time extension. The Director reserves the right to make decisions on extending the bid period.

22. DEFINITIONS.

For the purposes of this document, the following definitions shall apply:

ADDENDA – Written or graphic instruments issued prior to the Agreement, which modify or interpret the Contract Documents, specifications, by additions, deletions, clarifications, or corrections.

BID – The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed.

BIDDER – Any person, firm, or corporation submitting a bid for the work.

BONDS – Bid, and other instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR's surety in accordance with the Contract Documents.

CHANGE ORDER – A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the work within the general scope of the Contract Documents, or authorizing any adjustments in the contract price.

CITY – CITY OF EL CENTRO
CONTRACT DOCUMENTS – The contract, including information for bidders, Notice of Award, Maintenance Services Agreement, Notice to Proceed, General Conditions, Special Provisions, Insurance Requirements and Addenda.

CONTRACT PRICE – The total moneys payable to the CONTRACTOR under the terms and conditions of the Contract Documents.

CONTRACTOR – The person, firm or corporation with whom the CITY has executed the Agreement for any one or multiple bid divisions.

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14 DIRCTOR – The Community Services Director and or his/her designee.

EXTRA WORK – Additional work directed based on approved bid amounts. Effectuated through a field Order.

FIELD ORDER – A written order effecting a change in the work or EXTRA WORK not involving an adjustment in the contract price, issued by the CITY to the Contractor.

NOTICE OF AWARD – Written notice of the acceptance of the bid from the CITY to the successful bidder.

NOTICE TO PROCEED – Written communication issued by the CITY to the Contractor authorizing him/her to proceed with the work and establishing the date for commencement of the work.

PREPARER OF THESE SPECIFICATIONS – CITY OF EL CENTRO.

PROJECT – The undertaking to be performed as provided in the Contract Documents.

SPECIFICATIONS – A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship and including the General Conditions, and Special Provisions.

SUBCONTRACTOR – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site.

SPECIAL PROVISIONS – Additions to the General Conditions. In the event of a discrepancy, the Special Provisions shall govern over the General Conditions.

SUPPLIERS – Any person or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site.

WORK – All labor necessary to produce the maintenance required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the project.

WRITTEN NOTICE – Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party or their authorized representative on the work.
- END OF INSTRUCTIONS TO BIDDERS -

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15 PROPOSAL BID FORM
TO CITY OF EL CENTRO:

1.00 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled “General Landscaping Services, Tree Removal, Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins.”

2.00 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid security.

3.00 This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the “Notice Inviting Bids” and the “Instructions to Bidders,” and will furnish the insurance certificates, Payment Bond and Performance Bond required by the Contract Documents.

4.00 Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of all of which is hereby acknowledged):

None ; No. 1 ; No. 2 ; No. 3 ; No. 4 ; No. 5

5.00 Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where WORK is to be performed, the applicable legal requirements (Federal, State and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary.

6.00 To all the foregoing, and including all Bid schedule(s) and information required of Bidder contained in this Bid form, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time set forth in said Contract Documents, and to accept in full payment therefore the Contract Price based on the total Bid price(s) named in the aforementioned Bid schedule(s).

7.00 The following Bid Form of estimated quantities is included for convenience of bidding and a basis for comparison of Bids only, and CITY does not, expressly, or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the WORK, or to delete portions of the WORK, as may be deemed necessary or advisable by CITY.

8.00 All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule. All items shall be complete and in place per the Bid and Contract Documents.

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Packet Pg. 114 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
16 9.00 Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the bid for “General Landscaping Services, Tree Removal, Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins” and in accordance with Specifications the undersigned Bidder, having familiarized himself with the terms of the Agreement, the local conditions affecting the performance of the Agreement and the cost of the WORK at the place the WORK is to be done; and with the Specifications and other Contract Documents, hereby stipulated; CONTRACTOR agrees to complete the Agreement, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, equipment, tools, expendable supplies, and all utility and transportation services necessary to perform the Agreement, and complete in a workmanlike manner all of the WORK required in connection with the Agreement, all in strict conformance with the Specifications for the following prices and sum.

10.00 Pursuant to and in compliance with the Notice Inviting Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself/herself with the terms of the Contract and the Contract Documents, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated, the Work of the Contract, including all of its component parts, and the furnishing of all materials and equipment required to be incorporated in the form a permanent part of the work; the furnishing of tools, equipment, supplies, transportation, utilities, facilities, labor, superintendence and services required to perform and complete the work; bonds, insurance and submittals; and including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract, including its acceptance by the CITY for “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins.”
Important Note: CONTRACTOR shall be bound to the prices on the Bid Form for the threeyear duration of the contract term. Thereafter, if the contract is extended and at the request of the CONTRACTOR, CITY and CONTRACTOR will meet and revise prices to be effective for the next fiscal year (July 1 - June 30) in February of each year. This increase shall not exceed 3% in any one year. An exception to this limit can be made by the CITY in the event of unforeseen and uncontrollable circumstances such as but not limited to: Fuel Pricing, Workers' Compensation Rates, Prevailing Wage changes, etc.

BASIS OF AWARD
Award of contract, if any be made, shall be made to the Contractor with the lowest responsive an responsible bid based on the Base Bid (Bid Schedules A, B, C, and D, Items 1 through 38).

The quantities shown in the contract bid form for this project are for the purposes of determining the lowest responsible bidder and establishing a budget. The quantities in no way represent the actual amount of work that will be available or will become available. Adjustments in unit prices must not be allowed on any bid item regardless of the quantity of work available from or authorized by the City.

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Packet Pg. 115 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
17 BASE BID
Schedule A – City Parks - Large Areas
Item
No.

Full Service Total Annual Cost
1-A Carlos Aguilar Park -1575 Pico Ave
Landscape Maintenance (Irrigation excluded)
$
1-B Carlos Aguilar Park – 1575 Pico Ave
Irrigation Maintenance
$
2-A Bucklin Park – 1350 S. 8th Street
Landscape Maintenance (Irrigation excluded)
$
2-B Bucklin Park – 1350 S. 8th Street
Irrigation Maintenance
$
3-A Community Center/McGee Park – 375 S. 1st Street
Landscape Maintenance (Irrigation excluded)
$
3-B Community Center/McGee Park -375 S. 1st Street
Irrigation Maintenance
$
4-A. Countryside Park including walking path
162 Jackrabbit Dr
Landscape Maintenance (Irrigation excluded)
$
4-B Countryside Park including walking path
162 Jackrabbit Dr
Irrigation Maintenance
$
5-A. Farmers Park - 18th Street & Whitney Way
Landscape Maintenance (Irrigation excluded)
$
5-B Farmers Park – 18th Street & Whitney Way
Irrigation Maintenance
$
6-A Frazier Park – 1150 N 6th Street
Landscape Maintenance (Irrigation excluded)
$
6-A Frazier Park – 1150 N 6th Street
Irrigation Maintenance
$
7-A Gomez Park – 900 S. Hope Street
Landscape Maintenance (Irrigation excluded)
$
7-B Gomez Park– 900 S. Hope Street
Irrigation Maintenance
$
8-A Leeper Park – 250 S. Lotus Ave
Landscape Maintenance (Irrigation excluded)
$
8-B Leeper Park– 250 S. Lotus Ave
Irrigation Maintenance
$
9-A Lotus Strip – 685 S. Lotus Ave
Landscape Maintenance (Irrigation excluded)
$
9-B Lotus Strip– 685 S. Lotus Ave
Irrigation Maintenance
$
10-A Pittman Park – 1997 Orange Ave
Landscape Maintenance (Irrigation excluded)
$
10-B Pittman Park – 1997 Orange Ave
Irrigation Maintenance
$

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Packet Pg. 116 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
18 11-A Plank Park - 2840 Wensley Ave
Landscape Maintenance (Irrigation excluded)
$
11-B Plank Park – 2840 Wensley Ave
Irrigation Maintenance
$
12-A Stark Park - 831 S. 4th Street
Landscape Maintenance (Irrigation excluded)
$
12-B Stark Park – 831 S. 4th Street
Irrigation Maintenance
$
13-A Swarthout Park – 350 Euclid Ave
Landscape Maintenance (Irrigation excluded)
$
13-B Swarthout Park – 350 Euclid Ave
Irrigation Maintenance
$
14-A Wildflower Park – 950 S. Lotus Ave
Landscape Maintenance (Irrigation excluded)
$
14-B Wildflower Park – 950 S. Lotus Ave
Irrigation Maintenance
$
15-A Wake Ave & So. Clark Ave to Manzanita Dr.

Landscape Maintenance (Irrigation excluded)
$
15-B Wake Ave & So. Clark Ave to Manzanita Dr
Irrigation Maintenance
$
16-A Water Treatment Plant - 1101 W. Danenburg Dr
Landscape Maintenance including Oleander trimming
as requested 1-2 times per Year (Irrigation excluded)
$
16-B Water Treatment Plant - 1101 W. Danenburg Dr
Irrigation Maintenance
17-A Water Treatment Plant Substation 202 N. LaBrucherie Ave Landscape Maintenance including Oleander trimming
as requested 1-2 times per Year (Irrigation excluded)
$
17-B Water Treatment Plant Substation - 202 N. LaBrucherie Ave Irrigation Maintenance
18-A Waste Water Treatment Plant - 2255 N. LaBrucherie Dr Landscape Maintenance including Oleander trimming
as requested 1-2 times per Year (Irrigation excluded
$
18-B Waste Water Treatment Plant - 2255 N LaBrucherie Dr Irrigation Maintenance
$
19-A Waste Water Substation Plant – 1575 Pico Ave
Landscape Maintenance including Oleander trimming
as requested 1-2 times per Year (Irrigation excluded
19-B Waste Water Substation Plant – 1575 Pico Ave
Irrigation Maintenance
TOTAL BID SCHEDULE A (ITEMS 1-20) (In Words) (In Figures)

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Packet Pg. 117 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
19 Schedule B – Retention Basins
Item
No.

Full Service Cleaning and detailing of basins Total Annual Cost 20 Farmers Retention Basin
Landscape Maintenance (Semi-Annually)
$
21 Lotus Retention Basin
Landscape Maintenance (Semi-Annually)
$
22 Ocotillo Retention Basin
Landscape Maintenance (Semi-Annually)
$
23 Orange Retention Basin
Landscape Maintenance (Semi-Annually)
$
24 Tangerine Retention Basin
Landscape Maintenance (Semi-Annually)
$
TOTAL BID SCHEDULE B (ITEMS 21-25) (In Words) (In Figures)

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Packet Pg. 118 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
20 SCHEDULE C – Extra Work
Item
No.

Extra Work – All Locations Hourly Cost
Labor including work truck/tools

25. Common Labor $

26. Skilled Technician $

27. Supervisor $

28. Emergency / After Hour Response $
Equipment

29. Spray equipment $

30. Tractor with implements $

31. Slit seeder $

32. Mower $
TOTAL BID SCHEDULE C (ITEMS 26-33) (In Words) (In Figures)

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Packet Pg. 119 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
21 SCHEDULE D – Contractor Markup
In order to determine a low bid for Schedule E, the contractor’s markup percentage costs for items in Bid Schedule E shall be multiplied by the sample Total Cost shown below. Contractor is to insert the standard markup for the items listed as a percentage and extend the dollar amount in the bid schedule.

Item
No.

Description Total Cost
(Comparison Basis
Only)
Percentage of
Cost
Amount

33. Materials Markup $1,000

34. Equipment Markup $1,000

35. Contractor’s Fee Markup $1,000

36. Performance and Payment
Bond Cost $1,000

37. General Conditions $1,000

38. Premium Labor $1,000
TOTAL BID SCHEDULE D (ITEMS 34 - 39) (In Words) (In Figures)

SCHEDULE E - ADDITIVE BID ITEMS:

Item
No.

Additive Item Cost per unit

39. Special Provisions Section 17 Items 1 – Adams Park
The CONTRACTOR shall provide re-seeding 2 times per year 1x-Bermuda Grass & Compost / 1x - Rye Grass & Compost
$

40. Special Provisions Section 17 Items 2 - Carlos Aguilar Park The CONTRACTOR shall provide re-seeding 1 times per year Bermuda Grass & Compost.
$

41. Special Provisions Section 17 Item 3 – Bucklin Park The CONTRACTOR shall provide re-seeding 2 times per year 1x-Bermuda Grass & Compost / 1x – A Rye Grass & Compost $

42. Special Provisions Section 17 Item 4 – Community Center/McGee Park
The CONTRACTOR shall provide re-seeding 2 times per year $

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22 1x-Bermuda Grass & Compost / 1x - Rye Grass & Compost (Community Center) / 1x Bermuda Grass & Compost (McGee Park)

43. Special Provisions Section 17 Item 5 – Countryside Park including walkway
The CONTRACTOR shall provide re-seeding 2 times per year 1x-Bermuda Grass & Compost / 1x – P Rye Grass & Compost The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.
$

44. Special Provisions Section 17 Item 6 – Farmers Park The CONTRACTOR shall provide re-seeding 2 times per year 1x-Bermuda Grass & Compost / 1x – A Rye Grass & Compost The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY. $

45. Special Provisions Section 17 Item 7 – Gomez Park
The CONTRACTOR shall provide re-seeding 1 times per year Bermuda Grass & Compost.
$

46. Special Provisions Section 17 Item 8 – Leeper Park
The CONTRACTOR shall provide re-seeding 1 times per year Bermuda Grass & Compost.
$

47. Special Provisions Section 17 Item 9 – Lotus Strip
The CONTRACTOR shall provide re-seeding 2 times per year 1x-Bermuda Grass & Compost / 1x – A Rye Grass & Compost $

48. Special Provisions Section 17 Item 10 – Pittman Park The CONTRACTOR shall provide re-seeding 2 times per year 1x-Bermuda Grass & Compost / 1x – A Rye Grass & Compost $

49. Special Provisions Section 17 Item 11 – Plank Park
The CONTRACTOR shall provide re-seeding 2 times per year 1x-Bermuda Grass & Compost / 1x – A Rye Grass & Compost The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY. $

50. Special Provisions Section 17 Item 12 – Stark Park
The CONTRACTOR shall provide re-seeding 1 times per year Bermuda Grass & Compost.
$

51. Special Provisions Section 17 Item 13 – Swarthout Park The CONTRACTOR shall provide re-seeding 1 times per year Bermuda Grass & Compost
$

52. Special Provisions Section 17 Item 14 – Wildflower Park The CONTRACTOR shall provide re-seeding 1 times per year Bermuda Grass & Compost.
$

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Packet Pg. 121 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
23 53. Special Provisions Section 17 Item 15 – Wake Ave & So. Clark Ave to Manzanita Dr.

The CONTRACTOR shall provide ten 5-gallon shrubs per month to beautify or replace dead plant material where requested by CITY. $

54. Special Provisions Section 17 Item 16 – Water Treatment Plant

55. Special Provisions Section 17 Item 17 – Water Treatment Plant 1101 W. Danenburg Dr

56. Special Provisions Section 17 Item 18 – Waste Water Treatment Plant - 2255N LaBrucherie Ave

57. Special Provisions Section 17 Item 19 – Waste Water Treatment Plant Substation - Pico Ave
TOTAL ADDITIVE BID (ITEMS 40 - 58) (In Words) (In Figures) $
Total Base Bid – Sum of Bid Schedules A, B, C, and D $____________________ Total Base Bid in Words:
_____________________________________________________________________________ Total Additive Bid $____________________
Total Additive Bid in Words:
_____________________________________________________________________________ Name of Firm:

Address of firm:

Telephone Number: ( ) Email of Firm:

Contractor’s License Number: Type:

Signed: Date:

Title:

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Packet Pg. 122 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
24 LIST OF SUBCONTRACTORS
The Bidder shall list below the name and the location of the place of business of each Subcontractor who will perform work or labor or render service to CONTRACTOR in or about the construction of the WORK, or a Subcontractor licensed by the State who, under subcontract to CONTRACTOR, specially fabricates and installs a portion of the WORK according to the specifications, in an amount in excess of one-half (0.5) of one (1.0) percent of CONTRACTOR’s Total Bid. The Bidder shall also list below the portion of the WORK which will be done by each Subcontractor under this contract. CONTRACTOR shall list only one (1) Subcontractor for each portion of the WORK. If Bidder does NOT intend to use ANY subcontractors, state “NONE” in the first block.

Substitutions of subcontractors listed will not be permitted unless approved by the CITY.

SUBCONTRACTOR PORTION OF WORK

DIR REGISTRATION
NUMBER

PLACE OF BUSINESS
ADDRESS/TELEPHONE No.
-END LIST OF SUBCONTRACTORS9.a
Packet Pg. 123 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
25 GENERAL INFORMATION
BIDDER’S GENERAL INFORMATION:

The Bidder shall furnish the information requested below. Additional sheets shall be attached as required. Failure to complete Item Nos. 1 through 3 will cause the Bid to be non-responsive and shall cause its rejection. In any event, no award will be made until all of the Bidder’s general information (i.e., items 1 through 3, inclusive) is delivered to CITY.

INFORMATION TO BE PROVIDED BY ALL BIDDERS WITH BID SUBMITTAL:
(1) CONTRACTOR’s name and address:
(2) CONTRACTOR’s telephone number: FAX number:
(3) CONTRACTOR’s license: Primary classification
California State License No. and Expiration Date
Supplemental classifications held, if any:

Name of Licensee, if different from (1) above:

To be considered for award, CONTRACTOR shall have met all requirements established by CITY of the Project.
-END GENERAL INFORMATION9.a
Packet Pg. 124 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
26 EXPERIENCE STATEMENT
The bidder shall submit, as a part of its bid, the following statements as to its experience qualifications. The bidder certifies that all statements and information set forth are true and accurate.
a. The bidder has been engaged in the contracting business under its present business name for _____ years.
b. Experience in work of nature similar in type and magnitude to that set forth in the specification extends over a period of years.
c. The bidder, as CONTRACTOR, has satisfactorily completed all contracts awarded to it, except as follows: (Name any and all exceptions and reasons therefore). Bidder should attach additional pages if necessary.

1. 2.
d. The following contracts covering work similar in type and magnitude to that set forth in the specifications have been satisfactorily completed within the last five (5) years for the following owners (person, firms or authorities): It is acceptable to provide an attached list of projects in lieu of the form below.

Name/Owner Tel. No. Type of Work Contract Amount
(Rounded to Closest
Thousand Dollars)

1. 2.

3. 4.

5. 6.
-END OF EXPERIENCE STATEMENT9.a
Packet Pg. 125 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
27 NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am
_____________________________________________________________________________________________, _____________________________________________________________________________________________ (Insert “Sole Owner”, “Partner”, “President”, “Secretary”, or other proper title) of ___________________________________________________________________________________________ (Insert name of bidder)
The party making the forgoing bid/proposal submitted herewith to the City of El Centro declares:
-That the bid is not made in the interest of, or on behalf of, any undisclosed person partnership, company, association, organization, or corporation;
-That the bid is genuine and not collusive or sham;
-That the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; -That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, of that of any other, bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;
-That all statements contained in the bid are true;
-That the bidder has nor directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
-Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________ [date] at _______________________[city] __________ [state].

Date ________________ _______________________________________ Contractor’s Name
_______________________________________
Contractor’s Signature
_______________________________________
Title
-END OF NONCOLLUSION DECLARATION9.a
Packet Pg. 126 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
28 BID BOND

KNOW ALL MEN BY THESE PRESENTS,
That _____________________________ as Principal, and ____________________as Surety, are held and firmly bound unto the City of El Centro, hereinafter called “CITY,” in the sum of __________________________ dollars, (_______________) (not less than ten (10) percent of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a Bid to said CITY to perform the WORK required under the Bid schedule(s) of CITY’s Contract Documents entitled:

General Landscaping Services, Tree Removal, Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins
NOW THEREFORE, if said Principal is awarded a contract by said CITY and, within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said CITY and CITY prevails, said Surety shall pay all costs incurred by said CITY in such suit, including reasonable attorneys’ fee to be fixed by the court and actual costs.

SIGNED AND SEALED, this day of , 20
(SEAL) (SEAL)
(Principal) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
-END BID BOND9.a
Packet Pg. 127 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
29 CORPORATE CERTIFICATION
OR

PARTNERSHIP INFORMATION
Name of Corporation or Partnership________________________________________________ State of Incorporation___________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date_____________________________ CONTRACTOR
_______________________
Signature_________________________ Title________________________________ ATTEST:
__________________________________
Signature by
__________________________________
Title
-END OF CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION9.a Packet Pg. 128 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
30 DRUG/ALCOHOL TESTING REQUIREMENTS
CONTRACTOR shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.

I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.

CONTRACTOR certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code sections 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Sections 701 et seq.) In addition, CONTRACTOR agrees to submit a copy of its own drug free workplace policy.

Dated_____________________________
________________________________________
CONTRACTOR’s Name
_________________________________________
CONTRACTOR’s Signature
_________________________________________
Title
- END DRUG/ALCOHOL TESTING REQUIREMENTS –

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31 WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861

OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of section 3700 of the Labor Code, which require 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 of this Agreement.

CONTRACTOR:

By:

Title:
- END OF WORKERS’ COMPENSATION CERTIFICATE –

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32 SITE VISIT CERTIFICATE
THIS IS TO CERTIFY that:

I, ___________________________________________________(name of bidder or his representative) of the _____________________________________________________ (name of construction firm) visited the site in connection with the Bid for General Landscaping Services and Emergency Landscape Services at Various City Parks and Facilities.

Having examined the bid documents, I certify that I have acquainted with the nature, geographical and exact location of the works; the general conditions of execution; the neighboring buildings and other constraints that might affect the construction methods; the obligation not to obstruct the traffic where requested, or the flow of any water; the physical conditions specific to the construction sites; the climatic conditions; local conditions; means of communication and transport; the possibility of supplying water, electricity and fuel; the availability of labor sufficient in number and quantity; all constraints and obligations resulting from social, tax and customs legislation; and all conditions and circumstances which might influence the execution or price of the works.

I further certify that I am satisfied with the description of the works and the Project Engineer’s explanations and that I understand perfectly the works to be undertaken as specified and implied in the execution of the Contract.
______________________________________________
(Name and Signature of Bidder or his Representative)
Date : ______________________
Note 1: This form shall be completed at the time of the visit to the site where the works are to be carried out.
- END OF SITE VISIT CERTIFICATE –

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33 CONTRACTOR’S CERTIFICATION OF QUALIFICATION

FOR LICENSE CLASSIFICATION
After award of the contract, the CONTRACTOR, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:

1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.

2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.

3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.

If the individual who qualifies the CONTRACTOR for the license classification called for in these contract documents changes during the progress of the work, then CONTRACTOR shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.

For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the CONTRACTOR and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the CONTRACTOR under California law.

DATED:____________________ CONTRACTOR:___________________________________ SIGNATURE:_____________________________ TITLE:______________________________ ATTEST:

SIGNATURE BY:___________________________________________ TITLE:__________________________________________________ - END OF CONTRACTOR’S CERTIFICATION OF QUALIFICATION –

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34 PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 20__, and identified as project _______________________________________________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and _____________________________________, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of ____________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on ______________________, 20__.
(SEAL) (SEAL)
(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PERFORMANCE BOND –

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35 PAYMENT BOND – CHECK THIS – it is the old form
Whereas, The City Council of the City of El Centro, State of California, and _________________________ (hereinafter designated as “the principal”) have entered into an Agreement whereby the principal agrees to install and complete certain designated public improvements, which Agreement, dated _____, 20 ___, and identified as project _________________________________________________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the Agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement and referred to in with Civil Code Section 9550 et seq. in the sum of
________________________________________________________ dollars ($__________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 attorney's fees, incurred by the City of El Centro in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Civil Code section 9550 et seq____________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, alteration, or addition.

In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on _____, 20___.
(SEAL) (SEAL)
(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PAYMENT BOND -

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-0089/BidDoc/GeneralLandscaping
36 END OF BIDDING DOCUMENTS

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37 CITY OF EL CENTRO

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT (“Agreement”), is made and effective , by and between the City of El Centro, a municipal corporation ("CITY"), and , a [sole proprietorship, partnership, limited liability partnership, corporation] ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article II of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the following:

Tree trimming 15 feet maximum
Tree removal including stump and roots
Tree planting per City Guidelines
Lawn mowing/edging maintenance
Irrigation system (all systems) maintenance
Weed abatement
Clean up and disposal and/or recycling of generated green waste Root pruning and root barrier installation
Shrub trimming
Groundcover maintenance
Fertilizing
Emergency on-call services
The scope of work is more specifically described in these Specifications.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.

CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor.

To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in Special Provisions, Section 4 “Turf Mowing Schedule” and in Special Provisions Section 17 “Site Maps”, hereinafter referred to as Project Schedule. All work shall commence ten (10) calendar days after

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38 receiving a written Notice of Award from the CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the Notice Inviting Bids, and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Schedule. The entire Project shall be completed within 24 months with yearly extensions available as determined by the Director for a maximum contract of 60 months.

III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of dollars and cents ($ ) for the first two years of the Agreement.

Thereafter, CONTRACTOR may request and CITY shall consider an increase in compensation for any extension in an amount no greater than the CPI increase/3% or for each extension year.

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the CITY by the CONTRACTOR, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions. The CONTRACTOR shall provide a monthly billing to CITY showing the specific work done on the schedule required as set forth in the Specifications. CITY shall not make any payment for disputed work (i.e. work not done to the appropriate standard) or for work not done. CITY may retain 5% from each monthly payment which would be paid when disputed work is completed to the CITY’s satisfaction. This retention is in addition to liquidated damages.

V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the CONTRACTOR.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel’s fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment

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39 rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Imperial County. Wage rates shall conform with those included with the bidding documents, including all pre-determined wage increases, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS
Contractor shall have a Class C27 License.

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40 X. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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41 Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including nonowned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured.

Policy shall contain no language that would invalidate or remove the insurer’s duty to

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42 defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors.

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims.

CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby

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43 waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

City’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the

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44 CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

XII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIII. REGISTRATION REQUIREMENTS [applicable to public works projects] Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.

CONTRACTOR must ensure registration with the DIR that is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public

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45 works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

XIV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.

XV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

XVI. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR

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46 whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVII. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage and that such damage may be difficult to quantify. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of five hundred dollars ($500) for each and every calendar day of delay beyond the Contract Time, or beyond any scheduled action under this Agreement, established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.

CONTRACTOR is to refer to Project Schedule for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Schedule.

XVIII.COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto: Delete the ones that don’t apply
Notice Inviting Bids Proposed Subcontractors
Scope of Summary Bid Bond
Information for Bidders Information Required of Bidder
Bid Form Contract
Non-Collusion Declaration Certificate Re. Worker’s Compensation Site Visit Certification Drug-free Workplace Certification Faithful Performance Bond Addenda

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47 Labor and Materials Payment Bond Drawings
General Conditions Change Orders
Special Provisions
All of the above named CONTRACT DOCUMENTS are intended to be complementary.

Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. No waiver of any term or condition of this agreement shall be a continuing waiver thereof.

CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________

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48 GENERAL CONDITIONS

1. GENERAL: The CONTRACTOR shall be experienced in horticulture and landscape maintenance, practices and techniques, and shall provide skilled, uniformed, and sufficient number of workers, with adequate equipment, to perform the WORK throughout the year.

WORK to be performed shall include the mowing of all lawn and turf areas in parks and/or facilities as listed in the contract documents.

WORK to be performed shall include the mowing, trimming, and edging, of lawn and turf areas, trimming & pruning of plants & trees, maintenance of ground covering & check all irrigation systems per the Special Provisions. All sprinkler heads shall be kept clear through weed eating or manual cleaning.

The CONTRACTOR shall provide regular inspection of turf area for pests and diseases.

Approved herbicide shall be applied to control broadleaf weeds. Applications of pre-emergent herbicide shall be used for winter annual weeds. The CONTRACTOR shall hold the appropriate applicator license through the Department of Pesticide Regulation.

The CONTRACTOR shall also sweep or rake lawn and turf areas as needed to keep them clean and clear of all lawn clippings as a result of said mowing. The CONTRACTOR shall keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. Means of sweeping and/or cleaning may be by manual labor such as sweeping or the use of power blowers and/or the use of mechanical sweepers. In no case shall any equipment be used that is determined to be a safety hazard or a public nuisance by the CITY’s authorized representative.

The CONTRACTOR also will remove on days of scheduled mowing, by whatever means appropriate, and before any mowing all trash and debris in area to be mowed so as to avoid creating additional debris and prevent hazards that may result from mowing over such items. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY for the CITY’s jobs only.

The CONTRACTOR shall provide tree and shrub pruning and associated WORK.

2. INCIDENTAL MOWING: The CONTRACTOR agrees that the intent of the contract is for the CONTRACTOR to maintain the park and facilities within the terms and conditions stated herein. Although usual mowing will be on a regular mutually-agreed upon schedule, occasional mowing may be required to meet the needs of special occasions or events at various parks and or facilities. Said occasional mowing as required at any given park or facility outside the normal scheduled mowing shall be termed incidental mowing. Incidental mowing shall be included in the monthly amount paid as indicated in the contract documents. The CITY for such incidental mowing shall pay no additional costs.

3. ADDITIONS AND DELETIONS OF PARKS AND FACILITIES: The CONTRACTOR agrees that the number of parks or facilities may be increased or decreased from time to time.

Such increases may be due to new developments or annexations to the City. Parks and facilities shall be increased or decreased, upon written by the CITY. Increase parks and facilities shall be in addition to those already indicated in the contract documents. All additional mowing of parks and facilities shall be paid by the CITY monthly, at a rate agreed prior to commencing of said

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49 mowing, and upon monthly invoice by the CONTRACTOR. Additionally, the CITY reserves the right to reduce the frequency of park and facility mowing to cover additions or reductions of parks and facilities. In all cases, reductions or additions to mowing shall be based on previously agreed upon rate for said mowing. Changes in mowing additions or reduction shall be negotiated between the CONTRACTOR and the CITY’s authorized representative.

4. SPECIAL AND EMERGENCY MOWING: The CONTRACTOR agrees to provide special mowing and landscape maintenance upon demand by the CITY in addition to any and all mowing specified elsewhere herein at a rate agreed upon and listed in bid documents as per location. Said special mowing shall be mowing which may be required and provided for in the scope of WORK. Special mowing may be required at any day of the week including weekends and or holidays. The CONTRACTOR shall provide mowing within (24) hours after receiving request. The CITY shall pay payment for such mowing monthly, at a rate agreed prior to commencing of said mowing, and upon monthly invoice by the CONTRACTOR.

5. EQUIPMENT: It shall be the responsibility of the CONTRACTOR to provide all necessary equipment as may be needed to perform the duties of the contract and as listed in the contract documents. All equipment used in the performance of the contract shall meet and or exceed all local, State and Federal safety standards that may apply to such devices. The CITY reserves the right to terminate the use of any equipment that it deems hazardous, excessively noisy or considered to be a public nuisance to the health of its residents, employees or authorized agents.

All equipment used in the performance of the contract shall be clearly marked so as to be identifiable as belonging to the CONTRACTOR. All equipment shall be kept in good working order with mower and edger blades kept sharp and free of damage. Mowing of the listed parks and facilities shall be accomplished by the use of rotary mowers or reel mowers. Use of flail mowers is prohibited under the terms of the contract.

6. PARK AND FACILITY USE: The CITY reserves the right to use any or all of its facilities listed in the contract at any time it deems appropriate and or necessary, and may at its discretion, make changes to mowing schedules upon seventy-two (72) hours written notice to the CONTRACTOR.

7. PERMITS AND LICENSES: The CONTRACTOR shall at its own cost and expense apply for and obtain all necessary permits and licenses required in connection with the requirements of the contract. The CONTRACTOR shall at all times, comply with all laws, ordinances, and regulations of all governmental authorities under which the WORK is performed pursuant to the contract. The CONTRACTOR shall maintain a file containing all necessary permits and licenses available for the CITY to inspect at any time. In the event laws, ordinances, and/or regulations of governmental authorities are enacted subsequent to the signing of the contract, which have an impact on costs to the CONTRACTOR, said costs either positive or negative shall be negotiated and adjustments may be made to the amounts to be paid as indicated in the contract.

8. INDEPENDENT CONTRACTOR: In the performance of the services under the contract, the CONTRACTOR shall be an independent contractor, maintaining complete control of its personnel and operations. As such, the CONTRACTOR shall pay all salaries, wages, expenses, social security taxes, Federal and State unemployment taxes and any similar taxes relating to the performances of the contract. The CONTRACTOR shall be held responsible for its workers and subcontractors when working with and/or around hazardous materials and the education thereof.

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50 9. SUBCONTRACTORS: The CONTRACTOR shall not subcontract any parts of the contract without the prior written consent of the CITY. All persons engaged in the park and facilities mowing service will be considered as employees of the CONTRACTOR, and subject to the provision of the contract. Additionally, the contract and the WORK to be performed under the contract shall not be in any way assigned or transferred by the CONTRACTOR without written consent of the CITY.

10. PENALTIES FOR NON-PERFORMANCE: In the event the CONTRACTOR does not complete required services as listed in contract documents designated for a given week, the CITY shall deduct from the amount owed the CONTRACTOR the proportionate value of the incomplete WORK. Deductions will be specific as to park and or facility for which service was not performed. A deduction of Fifty dollars ($50) per service not performed per service interval.

11. TERM: The contract will be for a term of two (2) years. The contract may be extended for three (3) additional one (1) year periods upon mutual agreement between the CONTRACTOR and the CITY.

12. NOT USED

13. GENERAL
a) Specification Disclaimer
CONTRACTOR acknowledges that the Services specified in this document are not intended to express every detail of the Service to be provided by the CONTRACTOR and the CONTRACTOR hereby represents that it is experienced and competent in providing Service that meets or exceeds generally accepted practices commensurate with those provided by other companies that provide such Service.
b) Maintenance of Service Records and Disclosure
Maintenance and Service Monthly Checklist Documentation is located in the Special Conditions section of these specifications.

CONTRACTOR shall prepare and maintain records for Services provided and chemicals applied to the property in order to substantiate charges to CITY for such Services.

CONTRACTOR shall retain such records for a period of twelve (12) months from the date of performance of the Service. CONTRACTOR may be called upon periodically by the CITY to perform work not herein specified. Such work will be classified as change orders.
c) Staging of Operations
The CONTRACTOR shall stage their work at each location out of the way of pedestrian and auto traffic. CONTRACTOR vehicles shall have traffic control erected around any parked vehicles. Parking on IID right of way and City of El Centro travel ways is prohibited, unless provided prior approval by either agency. d) Supervision

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51 3.1.4.1 CONTRACTOR shall provide adequate supervisory staff to supervise and direct its employees and subcontractors, if any, in providing service and compliance with these specifications.

3.1.4.2 The supervisor (either CONTRACTOR’s employee or a subcontractor’s employee) shall not leave the site until all work is completed.

3.1.4.3 CONTRACTOR must have a system so the crew performing the work can communicate with the CITY. The system may involve telephone communication between the CITY and the CONTRACTOR and then communication via radio with the crew performing the work. Alternatively, supervisory personnel must be able to functionally communicate as may be required from time to time to report emergencies, equipment malfunctions, and to correctly understand instructions by the CITY.

3.1.4.4 In addition to the supervisory staff assigned to the direct supervision of the landscape maintenance crew, CONTRACTOR shall maintain and show evidence of an adequate management level supervisory staff who shall make periodic scheduled and unscheduled visits to each site during normal business hours and when service is being performed. The purpose of these visits is to ensure maintenance at the optimum level.

3.1.4.5 CONTRACTOR shall monitor and appraise its own performance based on this contract, the objective being to measure the effectiveness of the landscape maintenance program. The CONTRACTOR will be available for a monthly walk through of the site with the CITY or CITY’s Representative, or as necessary. e) Frequency of Services
The landscape and maintenance tasks are to be performed at the locations listed in the Special Provisions. The task frequency and number of occurrences throughout the year shall be determined based on geographic locations, growing season and the type of landscaping/maintenance at each property. In the event that time is lost due to inclement weather, the CONTRACTOR shall reschedule his crews and divide their times accordingly to visit each site during the time remaining. The CONTRACTOR shall be allowed to work on Saturdays/Sundays, if needed to make up for rain days with prior approval.
f) Uniformed Employees
CONTRACTOR’s crews including laborers and supervisors shall perform work on the premises in a uniform to be designed by the CONTRACTOR. Uniforms must be in good repair and worn properly including wearing of shirts at all times. CONTRACTOR’s vehicles on the premises shall be marked with the CONTRACTOR’s name and/or logo. g) Communication Protocol
CONTRACTOR shall meet with the CITY to walk the property to discuss conditions, schedules, and items of concern regarding this agreement at the request of the CITY.

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52 CONTRACTOR, at the request of the CITY, shall make available weekly or monthly logs as to time, date, and type of services performed.
h) Interference with the Public
CONTRACTOR hereby agrees to reasonably adjust the times of the day and days of the week when work is performed to minimize interference with public events.

CONTRACTOR shall provide protection for CITY employees, residents, and the general public when working on landscape, sidewalks, driveways, or near building and building entrances.
i) Clean-up
The CONTRACTOR shall at all times keep the premises occupied by him and access to such premises in a neat, clean and safe condition. Upon completion of any Work, the CONTRACTOR shall promptly remove all his equipment, temporary structures, and surplus construction and other materials not to be used at or near the same location at the end of each day. Upon completion of any work and before final payment is made, the CONTRACTOR shall, at his expense, satisfactorily dispose of all plants, rubbish, unused materials, and other equipment and materials belonging to him or used in the performance of work and the CONTRACTOR shall leave the premises in a neat, clean and safe condition. In the event of the CONTRACTOR's failure to comply with any of the foregoing, the same may be accomplished by the CITY at the CONTRACTOR's expense.

14. EXISTING CONDITIONS AND EXAMINATION OF SITE
CONTRACTOR acknowledges that it has inspected or was able to inspect the work sites and that it understands the Service requirements and conditions under which the Service is to be performed. No allowances shall be made due to the CONTRACTOR’s error, negligence or failure to have adequately inspected the sites where Service is to be performed. CONTRACTOR acknowledges, understands and agrees that the cost of the Service is intended to cover foreseeable work, risks, hazards and difficulties inherent to the Service of this nature.

15. DESIGNATION LETTER OF GENERAL SUPERINTENDENT
The CONTRACTOR shall submit a letter designating the General Superintendent for the Project to the CITY, within 10 days after the issuance or the notice to proceed. Substitutions will not be permitted without prior approval of the CITY. The letter shall also include emergency contact information for the CONTRACTOR.

16. INSURANCE
See the form of contract above for insurance requirements.

17. LOSS PREVENTION

17.01 The CONTRACTOR shall examine the landscape, including irrigation system, on a monthly basis or as outlined in in these Landscape Maintenance Specifications and the

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53 Monthly Checklists for this project, looking for problems or potential problems with the landscape.

17.02 The CONTRACTOR shall make minor replacements and repairs to the landscape facilities as part of the required maintenance work. A minor item would be something that takes less than 15 minutes to repair by a skilled workman, using minimal replacement parts. Major items (including replacement of or installation of plants outside of the bid schedule) needing replacement or repair shall be reported to the CITY within one week of occurrence. Major items shall be considered and approved by change order to the required work.

The CONTRACTOR shall be available to perform additional work related to the landscape maintenance as may be authorized in writing by the CITY. Such work shall be non-minor items relating to landscape care or maintenance, which are not a part of the normal maintenance work, as outlined in this specification.

17.03 Damages from CONTRACTOR Operations

17.03.01 CONTRACTOR agrees to repair or replace all damage to residential and/or neighboring property caused by equipment or employees of the CONTRACTOR.

17.03.02 Lawn, trees, shrubs, hardscapes, or ground covers that are damaged or destroyed due to the CONTRACTOR’s operations, negligence or misuse of chemicals shall be replaced at CONTRACTOR’s expense within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant, or shall be approved by CITY, if smaller. The CONTRACTOR will repair grades and other work necessitated due to planting and removal and replacements.

17.03.03 In the event that the lawn becomes sparse or barren due to CONTRACTOR neglect during the period of maintenance,
CONTRACTOR shall repair lawn to its previous condition and to the CITY’s satisfaction. Lawn areas shall be kept as green and healthy as possible at all times in all areas to maintain a high level of appearance.

17.03.04 Irrigation equipment that is damaged or destroyed due to the CONTRACTOR’s operations shall be repaired or replaced by the CONTRACTOR promptly at CONTRACTOR’s expense.

17.03.05 Damage to any backflow preventers (BFPs) or fire valves or other utility equipment existing in landscaped areas caused by the CONTRACTOR’s employees or equipment shall be repaired or replaced by the CONTRACTOR at its cost, immediately after such damage.

18. RESPONSE TIME
The CONTRACTOR, at no additional cost, is to be available to respond to emergency calls regarding landscape care or maintenance for the project sites of this contract. The CONTRACTOR shall respond within two hours after initial contact by the CITY or the CITY’s

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54 representative. The CONTRACTOR shall address the issue per these specifications. After the CONTRACTOR has evaluated and/or pacified the issue, the CONTRACTOR and CITY will discuss the work required to completely correct the issue. Should the issue be considered a major item, then major item shall be corrected by change order upon approval of the CITY.

19. LAWS, CODES, AND ORDINANCES
Any requirement of this specification that conflicts with or is in violation of any government rule, ordinance, regulation, etc. shall be void. The CONTRACTOR shall notify the CITY immediately of any such requirement found in this specification.

The CONTRACTOR shall, throughout the course of this work, comply with all rules, ordinances, regulations, etc. set forth by agencies having jurisdiction, which apply to the work site, the CONTRACTOR, and/or his/her employees.

20. CHANGES IN WORK
f. The CITY may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the frequency required for performance of the work, an equitable adjustment shall be authorized by a Change Order. g. The CITY may also at any time by issuing a Field Order make changes in the details of the work. The CONTRACTOR shall proceed with the performance of any changes in the work so ordered by the CITY unless the CONTRACTOR believes that such Field Order entitles him to a change in Contract Price or Time, or both, in which event he shall give the CITY written notice thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in Contract Price or Time within thirty (30) calendar days. The CONTRACTOR shall execute such changes upon the receipt of an executed Change Order or further instructions from the CITY.
h. In the event of any emergency that the CITY determines endangers life or property, any work required by reason of such an emergency shall be performed in accordance with verbal orders from the CITY. These orders will be confirmed in writing as soon as practicable. Any such authorization, whether written or verbal, may be accompanied by drawings and data as are necessary to show the extent of such change or extra work. In the event of ordered emergency work, the CONTRACTOR shall keep accurate records of actual costs in accordance with these specifications until such time as Agreement of compensation is reached. Keeping of such records shall not be construed as an indication that this method of compensation is necessarily acceptable for such emergency work and shall not preclude the possibility of an Agreement to pay for such emergency work on a unit-price or lump-sum basis. Upon determination as to the compensation due the CONTRACTOR for performing any emergency work, the Contract Documents will be amended in writing by a Change Order.

21. CHANGES IN CONTRACT PRICE
a. All changes which affect the cost or time of the contracted work of the project must be authorized by means of a Change Order. The Change Order will include extra

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55 work, or work for which quantities have been dramatically altered from those shown in the bidding schedule. All changes should be recorded on a Change Order Form as they occur. Each Change Order Form must contain complete and detailed justification for all items addressed by the Change Order. b. The value of any work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below:
1) An agreed lump sum.
2) The actual cost of labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition, there shall be added an amount to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work to cover the cost of general overhead and profit. 3) Unit prices previously approved.

22. MATERIALS, SERVICES AND FACILITIES
a) It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, trash and organic debris disposal costs and fees, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time.
b) Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

23. PROTECTION OF WORK, PROPERTY AND PERSONS
The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to, all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, sidewalks, pavements, roadways, structures, P.C.C. curb and gutter, P.C.C. cross-gutters, irrigation facilities and utilities not designated for removal, relocation or replacement in the course of construction. a) The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. The CONTRACTOR will notify the CITY of adjacent utilities when prosecution of the work may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

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56 b) In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CITY shall act to prevent threatened damage, injury or loss. The CONTRACTOR will give the CITY prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby, and a change order shall thereupon be issued covering the changes and deviations involved. c) The CONTRACTOR shall maintain all portions of the work in a neat, clean and sanitary condition at all times. Toilets shall be furnished by the CONTRACTOR where needed for use by all employees and their use shall be strictly enforced. The CONTRACTOR shall also be responsible for furnishing and maintaining a potable water supply or providing potable drinking water to their employees and subcontractors. d) The CONTRACTOR shall keep adequate first-aid facilities and supplies available at the project sites.
e) The CONTRACTOR shall assure that his/her Subcontractors of all tiers shall comply with the foregoing provisions.

24. SUSPENSION OF WORK, TERMINATION, AND DELAY
a) The CITY may suspend the work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the CONTRACTOR, by written notice to the CONTRACTOR which shall fix the date on which work shall be resumed.

The CONTRACTOR will resume that work on the dates so fixed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the contract time, or both, directly attributed to any suspension.
b) If the CONTRACTOR is adjudged as bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if the CONTRACTOR files a petition to take advantage of any debtor's act, or to re-organize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen, or suitable material, or equipment, or repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, or otherwise violates any provision of the Contract Documents, then the CITY may, without prejudice to any other right or remedy, and after giving the CONTRACTOR a minimum of ten (10) days from delivery or a written notice, terminate the services of the CONTRACTOR, and finish the work by whatever method the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the project, such excess shall be paid to the CONTRACTOR. If such costs exceed unpaid balance, the CONTRACTOR will pay the difference to the CITY. Such costs incurred by the CITY will be determined by the CITY and incorporated in a Change Order.
c) Where the CONTRACTOR's services have been so terminated by the CITY, said termination shall not affect any right of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any payment of moneys by the CITY due the

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57 CONTRACTOR will not release the CONTRACTOR from compliance with the Contract Documents.
d) After ten (10) days from delivery of a written notice to the CONTRACTOR, the CITY may, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the Contract. In such case the CONTRACTOR shall be paid for all work executed and any expense sustained plus reasonable profit. e) If, through no act or fault of the CONTRACTOR, the work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or the CITY fails to act on any request for payment within sixty (60) days after it is submitted, or the CITY fails to pay the CONTRACTOR substantially the sum approved by the CITY or awarded by arbitrators within sixty (60) days after its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a written notice to the CITY, terminate the contract and recover from the CITY payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the contract, if the CITY has failed without good cause to make any payment as aforesaid, the CONTRACTOR may, upon ten (10) days written notice to the CITY, stop the work until paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work.
f) If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the CITY to act within the time specified in the Contract Documents, or if no time is specified, within a reasonable time, an adjustment in the contract price or extension of the contract time, or both, shall be made by Change Order to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the CITY.

25. PAYMENT TO CONTRACTOR
a) At least ten (10) days before each progress payment falls due (but not more often than every thirty-one (31) calendar days), the CONTRACTOR will submit to the CITY a partial payment estimate filled out and signed by the CONTRACTOR covering the work performed during the period covered by the partial payment estimate and supported by completed reports and/or checklists. If payment is requested on the basis of materials not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, such as paid invoices, or other written evidence satisfactory to the CITY, as will establish the CITY's interest therein, including applicable insurance. The CITY within ten (10) days after receipt of each partial payment estimate, shall either indicate in writing approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY will, within thirty (30) days of presentation of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. b) All progress payments shall be accompanied with the CONTRACTOR’s invoice.

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58 c) The CONTRACTOR will indemnify and save the CITY or the CITY's officers, employees, or agents harmless from all claims growing out of the lawful demand of subcontractors, laborers, workmen, mechanics, and materialmen, and parts thereof, equipment, tools, and all supplies incurred in the furtherance of the performance of the work. The Contractor shall, at the CITY's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so, the CITY may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the CITY to either the CONTRACTOR, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the CITY shall be considered as a payment made under the Contract Documents by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.
d) The CITY may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the CITY from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor.
d. A reasonable doubt that the work can be completed for the balance then unpaid. e. Performance of work in violation of the terms of the Contract Documents. e) Where work on lump sum or unit price items is substantially complete but lacks clean-up and/or corrections ordered by the CITY, amounts shall be deducted from lump sum items in partial payment estimates to amply cover such clean-up and corrections. f) On lump sum projects the CONTRACTOR shall present a comprehensive breakdown of the contract price as a basis for payment for review and approval by the CITY. The comprehensive breakdown shall be submitted to the CITY within ten (10) days of the issuance of the Notice to Proceed.

26. NOT USED

27. SEPARATE CONTRACTS
a) The CITY reserves the right to enter into other contracts in connection with this project.

The CONTRACTOR shall afford other CONTRACTOR's reasonable opportunity for the introduction their materials and the execution of their Work, and shall properly connect and coordinate the Work with theirs. If proper execution or results of any part of the CONTRACTOR's Work depends upon the Work of any other Contractor, the CONTRACTOR shall inspect and promptly report to the CITY any defects in such Work that renders it unsuitable for such proper execution and results.

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59 b) The CITY may perform additional Work related to the Project or the CITY may enter into other Contracts containing provisions similar to these. The CONTRACTOR shall afford the other Contractors who are parties to such Contracts (or the CITY, if the CITY is performing the additional Work) reasonable opportunity of the introduction and storage of materials and the execution of Work, and shall properly connect and coordinate the Work with theirs.
c) If the performance of additional Work by other Contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others involves an additional expense or entitles it to an extension of the Contract Time, the CONTRACTOR may make a claim thereof as provided in Section V Items 8.01, 8.02,

9.01, 9.02.

28. SUBCONTRACTING
a) The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors.
b) The CONTRACTOR shall not award Work to Subcontractor(s), in excess of twenty percent (15%) of the Contract price, without prior written approval of the CITY. c) The CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its Subcontractors, and persons either directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons directly employed by it. d) The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the CONTRACTOR the same power with regard to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provision of the Contract Documents.
e) Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the CITY.

29. GUARANTEE
The CONTRACTOR shall guarantee all new materials and equipment furnished and Work performed for a period of one (1) year from the date of installation and completion of any parts and repairs to the irrigation systems at each site. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of installation and completion of any parts and repairs to the irrigation systems at each site is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of the damage of other parts of the irrigation systems resulting from such defects.

The CITY shall give notice of observed defects with reasonable promptness. In the event

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60 that the CONTRACTOR should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost thereby incurred.

30. DISPUTE RESOLUTION
Dispute resolution shall follow the provisions of Public Contract Code Section 9204, attached and incorporated herein.

32. CONFLICT OF INTEREST
No official of the CITY who is authorized in such capacity and on behalf of the CITY to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any work or material supply contract or any subcontract in connection with construction of the project, shall become directly or indirectly involved personally in this contract or in any part thereof. No officer, employee, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY who is in any legislative, executive, supervisory or other similar functions in connection with the construction of the project shall become directly or indirectly involved personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project.

33. AFFIRMATIVE ACTION
Each Contractor shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, creed, national origin, sex, marital status, or age and which specifies goals and target dates to assure compliance with this requirement by contractors and to assure that suspected or reported violations are promptly investigate.

34. MOBILIZATION
A. Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies, fuel and incidentals to the Project site for all other work and operations that must be performed or costs incurred before beginning work on the various Contract items on the Project site.

B. Mobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Obtaining all permits, licenses, and insurances. Providing copies to the CITY;

2. Transportation to and from the Jobsites of all the CONTRACTOR’S material and equipment as required;

3. Providing restroom facilities for construction personnel;

4. Providing for potable water facilities as specified. This includes a means by which all on site CONTRACTOR, Subcontractor or supplier personnel can wash their hands with soap. It also includes providing potable drinking water to the construction personnel at the project sites;

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61 5. Submitting all required Subcontractor insurance certificates;

6. Posting all CAL/OSHA required notices and establishment of safety programs;

7. Having the CONTRACTOR’s representative at the Project sites during work activity full time;

8. Furnishing of Monthly Checklists, and/or Reports;

9. Paying other miscellaneous fees
All costs incurred for the mobilization and the associated work shall be included in the Bid cost and no additional compensation shall be provided therefore.

END OF GENERAL CONDITIONS

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62 SPECIAL PROVISIONS
The following list of Special Provisions are a part of the contract, and as such are enforceable under the terms and conditions set forth in the contract documents.

1. PLANT LOSS
It is one of the CONTRACTOR's prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in irrigation. CONTRACTOR agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. A preliminary written report shall be submitted for major corrective problems not covered in the Contract along with the costs.

CONTRACTOR agrees to replace, at the CONTRACTOR's cost, any dead, stunted, or damaged that are the result primarily of the CONTRACTOR's negligence including, but not limited to, irrigation malfunctions that are not addressed within a reasonable amount of time based on environmental conditions. Plants lost from CONTRACTOR's negligence shall be replaced, at the CONTRACTOR's expense, within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant up to a maximum size of a thirty-six (36) inch box, or if smaller, the size shall be approved by the CITY.

The CONTRACTOR shall not be held responsible for plant losses due to maladies beyond the CONTRACTOR's control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, storms, freezing/frost, and related events. CONTRACTOR shall report all such conditions to the CITY in writing within seventy-two (72) hours of occurrence, and submit a proposal for the work or repairs along with the costs. The CONTRACTOR shall obtain CITY's written permission/direction or authorization prior to proceeding with the work. Failure to notify the CITY within seventy-two (72) hours of occurrence will result in replacement at the CONTRACTOR's cost as if the cause was CONTRACTOR negligence.

The CITY shall approve all replacement plants that differ in species. However, it is agreed that replacing plants shall not be used by the CONTRACTOR as a substitute for proper care. The CITY will consider CONTRACTOR negligence a major breach of contract with full responsibility for costs and losses.

Dead plants and those in a state of decline shall be brought to the CITY's attention immediately and before removal. The CITY shall pay labor and material for plant replacement not caused by CONTRACTOR negligence, as deemed by the CITY, on an actual time and material basis.

All new plant material and irrigation installations or repairs shall be guaranteed for a period of ninety (90) days for unhealthy plant installation and/or poor workmanship.

Exceptions include damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the CONTRACTOR has no control. Existing plants shall be replaced by CONTRACTOR if they die due to CONTRACTOR's negligence. All

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63 replacement plants and materials shall be inspected and approved by CITY prior to installation.

At the end or termination of the Contract, the CITY reserves the sole right to withhold final payment(s) in the amount necessary to replace any damaged or dying plant material that is a result of CONTRACTOR negligence or to restore any site which is in a condition that is worse than when the Contract was executed.

2. FERTILIZATION
The CONTRACTOR will be responsible for performing all fertilizations of turf and landscape and shall be included in the base bid. The fertilization schedule shall be coordinated with the CITY during the first month of the contract period.

All turf areas (excluding no-mow) shall receive fertilizer applications four times per year. Approximate dates of these are April 1, June 1, September 1, and November 1.

Turf is to be maintained in good condition with horticultural acceptable growth and color, and additional fertilization may be required as extra work. Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the CITY prior to application.

All shrub, groundcover and no-mow turf areas shall receive fertilizer applications two times per year. Approximate dates of these are March 1 and September 1. Intent is to maintain plants in good condition with horticultural acceptable growth and color.

Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the CITY prior to application.

3. TURF MOWING
a. All grass shall be bagged and removed from March to October unless there is winter overseeding (rye) whereas the bagging will continue year around. Alternate mowing direction where feasible every mowing. Maintain a uniform lawn height free from scalping.
b. All turf will be mowed with professional quality mulching mower equipment. Pricing assumes that bagging and removing clippings will be required only when excessive leaf debris is present, turf is too long to mulch, or when moisture conditions are too high to allow effective mulching without substantial clumping of turf debris. c. Prior to each mowing, remove all litter and debris from lawn areas. Formal turf areas shall be mowed per the schedule below and maintained at a height no less than one (1”) inch and no more than two (2”) inches for all warm season grasses, and one and one-half (1.5”) to three (3”) inches for all cool season grasses. One-third (1/3) of grass height shall be taken off with each mowing. The CONTRACTOR recognizes that any more than one-third (1/3) of height removed may potentially cause damage and give a scalped appearance that is not desired by the CITY.
d. The CITY and the CONTRACTOR will evaluate and determine any areas that require bagging and removal of clippings on a regular year-around basis. e. CONTRACTOR is responsible for any damage incurred as a result of mower damage to trees and shrubs and must repair or replace any such damage at no cost to the CITY.

Properly maintained tree wells are encouraged to minimize such damage. f. The CONTRACTOR shall at his own expense repair and or replace with forty-eight (48) hours any sprinkler, valve, piping, or park fixture including but not limited to

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64 picnic tables, playground equipment, cement curbing, wooden curbing, any trees, and or other plant material that is damaged as result of the CONTRACTOR carrying out the WORK as described in the contract. Said repairs and or replacements shall be performed under the supervision of the CITY’s authorized representative. In addition, all materials used shall of equal or superior quality as determined by the CITY’s representative.
g. Clippings will be swept or blown from hardscapes after each mowing. Sweeping is encouraged when feasible.

4. TURF MOWING SCHEDULE
It is hereby agreed upon between the CITY and the CONTRACTOR that the CITY will, when it determines necessary, call for the halting of all mowing, sweeping, and trimming of specific parks and or facilities as needed. The purpose of this provision is to accommodate periods or seasons of the year that do not require mowing or maintenance of said facilities.

Turf Mowing Schedule
Month Number of Cuts
January Weekly
February Weekly
March Weekly
April Weekly
May Weekly
June Weekly
July Weekly
August Weekly
September Weekly
October Weekly
November Weekly
December Weekly

4.1 The CONTRACTOR shall provide the CITY with a schedule listing all times, and days that mowing will occur, and shall submit to the CITY any requests for change in said schedule, all changes are subject to approval by the Director Community Services or its authorized representative. In no case shall the mowing of any park or facility begin before 6:00 a.m. The CONTRACTOR must adjust hours to compensate for weather changes, i.e.: rain, excessive humidity, moisture, etc.

CONTRACTOR shall not mow when turf is wet. Any tracking of turf due to CONTRACTOR mowing when turf is wet shall be repaired pursuant to CITY requirements at the CONTRACTOR’S expense.

4.2 In consideration of the use of the facilities listed in the contract documents, the CONTRACTOR agrees that there will be no mowing and or other maintenance relating to the performance of the contract on Saturday or Sunday. The Director of Community Services and/or the authorized representative may grant exemptions as it may be deemed appropriate. All exemption shall be given only in writing and only upon the written request of the CONTRACTOR.

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65 5. TURF EDGING AND TRIMMING (WEEKLY)
a. Mechanically trim all landscape turf edges once a month. Edges include all formal lawn perimeters and tree wells in lawn areas. In April, June, and August, redefine all formal lawn edges with a mechanical blade-type edger or hand spade. Clean debris from hardscapes and non-turf landscape areas. Remove larger debris. b. Trim all formal lawn areas that cannot be reached by a mower after each mowing. Areas to be trimmed include any lawn adjacent to poles, signs, bollards, trees, walls and all other obstacles. Perform trimming to the same height as mowing. Clean debris from hardscapes and non-turf landscape areas, remove larger debris. c. CONTRACTOR shall trim sprinkler heads and valves boxes weekly to prevent overgrowth.
d. CONTRACTOR shall trim around all guardrails every other mowing. e. CONTRACTOR is responsible for any damage incurred as a result of trimmer or edger damage to trees and shrubs and must repair or replace any such damage at no cost to the CITY. Properly maintained tree wells are encouraged to minimize such damage.

6. ACCESS LIMITATIONS
No vehicles will be allowed to enter into the park or athletic field areas where there is not a paved access and or road upon which to travel, unless express written permission has been given by the CITY.

7. TURF AERATION
The CONTRACTOR shall perform core aerations of turf (no mow areas excluded) as part of the bid. Two (2) aerifications are required in all turf areas each year. Aeration plugs shall be properly destroyed so as to not pose a safety issue or interfere with the use of parks and facilities. The aeration schedule shall be coordinated with the CITY during the first month of the contract period. Additional turf aerations may be proposed, as "extra work" by the CONTRACTOR, in order to meet the designated standard. All proposals, and costs, must be approved by the CITY prior to additional turf aerations occurring.

8. IRRIGATION.

CONTRACTOR shall monitor the watering of all the turf areas on a regular basis, notifying the CITY of any under/over watered areas, suggesting the appropriate frequency and amount of watering and reporting any problems noted, so that the beauty of such areas are maintained at all times.

Irrigation system repair shall occur and be compensated as stated below:

A. Irrigation system repair will be the responsibility of the CONTRACTOR. All replacement materials are to be with new original types and models, unless a substitute is approved by the CITY. The CONTRACTOR shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranties.

B. Maintenance, repair, and replacement of malfunctioning sprinkler heads and quick couplers, including risers, swing joints, shall be included in the CONTRACTOR's base bid. The CONTRACTOR shall provide labor for the above items at no extra charge and

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66 shall bill the CITY for the required parts with a maximum mark up of 10% over cost, unless the CITY provides materials.

C. Maintenance and repair of valves, filters, valve boxes, batteries and wiring shall be covered in the CONTRACTOR's base bid. The CONTRACTOR shall provide labor for the above items at no extra charge and shall bill the CITY for the required parts with the agreed upon mark up over cost.

D. Replacement of valves, filters, valve boxes, and wiring shall be considered "extra work" in their entirety. Decisions regarding repair verses replacement will be made by the CONTRACTOR and the CITY jointly. In the event that there is a disagreement with regards to how to proceed, the CITY's choice will prevail.

E. Repair and replacement of lateral lines, main lines, check valves, and controllers shall be considered "extra work” in their entirety.

F. Repairs and replacements of any irrigation component or property damaged by the CONTRACTOR or as a result of negligence, error, or omission by the CONTRACTOR shall not be submitted to the CITY for payment and are the responsibility of the CONTRACTOR.

G. Repair and replacement of any irrigation components or property that is a result of vandalism, or unintentional damage, caused by the public shall be considered "extra work" in its entirety. All vandalized components must be reported to the CITY immediately and prior to the repair or replacement in order for the CONTRACTOR to be compensated for the repair or replacement. If the vandalized components are not presented within one working day, the CONTRACTOR will be paid based on the above stated criteria for repair and replacement.

H. When the CONTRACTOR observes or is notified of water waste due to excessive overspray, overwatering for irrigation system malfunction, he/she shall respond within 24 hours. Repairs/adjustments shall be completed promptly to prevent damage to the landscape. All such incidents shall be reported to the CITY immediately.

9. TREE WORK
A. All tree trimming shall comply with good arboreal practice for the particular species of trees being trimmed. The CONTRACTOR shall be consistent with the pruning standards as adopted by the International Society of Arboriculture (ISA) guidelines; American National Standards Institute (ANSI) standards, including, but not limited to ANSI 300 (most current revision) and ANSI Z133 (most current revision). The CONTRACTOR shall also meet the requirements of the American National Standards, ANSI-Z133.1-2008 entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the Tree Care Industry Association, Inc. at 136 Harvey Road – Suite B101- 110, Londonderry, NH 03035.

B. The Parks Supervisor shall determine if the CONTRACTOR has met all trimming requirements and payment shall not be made for trimming that is not in accordance with the above standards. The CONTRACTOR shall be deemed in agreement default, if they consistently fail to comply with the aforementioned standards.

C. Standards

1. Prior to beginning the work, the CONTRACTOR shall review with the Parks Maintenance Supervisor the various methods, tools, and work scheduling to be

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67 used on the project. Unless otherwise indicated, tree trimming shall include, but not be limited to, accepted pruning activities.

2. Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the CONTRACTOR during the course of trimming shall be reported to the Parks Maintenance Supervisor for determination of the appropriate course of action.

3. The use of “lopping shears” shall be specifically approved by the Parks Supervisor.

4. Daily tree trimming operations shall commence no earlier than 6:00 AM and shall be completed each day no later than 5:00 PM, unless for emergency services.

5. Limbs one inch (1”) in diameter or greater shall be precut to prevent splitting.

When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the second cut one-inch (1”) to three inches (3”) further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½”) or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the CONTRACTOR's expense and to the satisfaction of the Parks Maintenance Supervisor. All debris resulting from tree trimming operations shall be removed from the work site on a daily basis.

6. Removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth on tree trunks is required on all trees.

D. Tool Sanitation
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.

E. General Trimming and Shaping of Broadleaf Trees.

Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the Parks Maintenance Supervisor and in accordance with the following:

1. Cuts to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty-five percent (25%) but no more than fifty percent (50%).

2. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

3. Heading cuts and/or topping will not be allowed under any circumstances.

Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

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68 F. General Trimming and Shaping of City Trees:

1. The objective is to control canopy size and basic structure while maintaining an aesthetically pleasing appearance.

2. City trees shall be pruned on an annual cycle. The objective is to prune the trees in a manner that will provide clearance for sidewalks and homes while maintaining the natural shape and beauty of individual street trees.

CONTRACTOR shall be required to meet the schedule requirements as outlined in the Professional Services Agreement requirements.

G. Trimming for Traffic Clearances.

Tree trimming for traffic clearances shall provide clearances up to fifteen (15’) above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the Parks Maintenance Supervisor and conform to the following:

1. The maximum clearance under trees within the street right-of-way shall be up to fifteen (15’) feet over the traveled road, and ten feet (10’) over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.

2. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.

3. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

H. Trimming Palm Trees.

Palm tree trimming shall occur two times per year between July 15 and March 30 and consist of the removal of all dead fronds, dead frond sheaths, fruit clusters and other vegetation from the trunks of all palms listed in the Agreement Project Requirements in a manner selected by the CONTRACTOR and approved by the Parks Maintenance Supervisor, and in accordance with the following:

1. Dead fronds, and parts thereof, including stubs, shall be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six inches (24” – 36”) from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) shall be left in place within a span of at least eighteen inches (18”) but no greater than thirty-six inches (36”).

2. Only the full, green, undamaged fronds shall remain at the crown of the tree. The CONTRACTOR shall be required to remove and dispose of any fallen or hanging fronds for a period of thirty (30) days after completion of said service.

3. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the Parks Supervisor. The CONTRACTOR shall be required to use an aerial tower with a height reach of one hundred feet (100’) for the purpose of trimming City Palm trees.

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69 4. Trachycarpus fortunei, Chamaerops humilis, and Phoenix roebeleni species as well as other palm trees having a trunk height not more than eight (8) feet above the ground shall be trimmed but not slicked.

I. Tree Care for Trees 15 Feet and Above
The CONTRACTOR shall be required to perform basic maintenance for all trees that will include, but not be limited to, tree well adjustments and watering, removal of weeds from tree wells, and pruning of trees up to fifteen (15) feet.

J. Utility Line Clearance
During the course of this Maintenance Services Agreement, the CONTRACTOR may be required to perform utility line clearance in conjunction with routine or non-routine trimming activities. The CONTRACTOR shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the Maintenance Services Agreement with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The competency of CONTRACTOR's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance the “Electrical Safety Orders” of the State of California.

K. Tree Removals

1. During the course of trimming activities for a specified street, CONTRACTOR shall notify the Parks Maintenance Supervisor of any trees which may be dead, hazardous, or in need of removal for any reason. The Parks Maintenance Supervisor shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.

2. All wood from removed trees is the property of the City and shall be disposed of at the direction of the Parks Maintenance Supervisor. No wood shall be left along public right-of-way unless approved by the Parks Maintenance Supervisor. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.

3. CONTRACTOR shall be required to call Underground Alert at least two (2) days before stumps are to be ground out. All tree stumps must be removed to at least eighteen (18) inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The CONTRACTOR shall grind the stump a minimum distance of one and one half (1½’) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.

4. Stumps should be cut low enough to the ground where routing can be done safely.

This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal. All stumps are to be ground within forty-eight (48) hours of tree removal. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2) inches above normal ground level unless a new tree is to be planted in the same location and clean fill dirt will be required as a backfill. All excess routing chips debris will be removed

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70 and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

L. Pest Control
The City may periodically require the CONTRACTOR to treat for insects or disease.

Treatment will be done only when specifically requested by the Parks Supervisor and shall be made in the form of soil injections. CONTRACTOR shall be required to provide the CITY with a written recommendation provided by a State Licensed Pest Control Advisor.

M. Crew Rental Services
CONTRACTOR shall provide a minimum standard crew of three (3) persons, one (1) chipper truck, one (1) chipper, one (1) aerial tower truck and all necessary saws and hand tools. Crew complement should also be capable of modification in order to perform miscellaneous tree care tasks.

N. Emergency Response Service

1. The CONTRACTOR shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The CONTRACTOR will be provided with locations and the work to be done at each location via telephone or email from a CITY authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

2. CONTRACTOR shall be required to provide twenty-four (24) hour emergency phone numbers and the names of at least five (5) individuals upon award of Professional Services Agreement. Should the contact persons or their phone numbers change during the course of the Professional Services Agreement, those changes shall be submitted to the CITY within two (2) working days.

3. CONTRACTOR shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the CONTRACTOR shall be required to notify the responsible utility company.

4. Work performed under the emergency provision of this Professional Services Agreement shall be paid for on a “crew hour” basis. This shall include all labor, tools equipment, disposal fees and necessary materials.

O. Traffic Control

1. CONTRACTOR shall be required to supply the necessary equipment to provide adequate traffic control measures during tree trimming operations. This shall include but not be limited to high visibility arrow boards where appropriate. The CONTRACTOR must abide by the most current edition of the Work Area Traffic Control Handbook, or W.A.T.C.H. manual, for traffic control. The CITY, prior to use, must approve all traffic control measures.

2. Tree trimming operations may be conducted on one side of the street at a time and at no time may streets be closed unless authorized, in advance, by the Parks Maintenance Supervisor or his designee. During all tree trimming operations adequate provisions shall be made by the CONTRACTOR to accommodate normal traffic flow over public streets. Means of ingress and egress shall be provided for occupants of adjacent property with convenient access to driveways,

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71 buildings, businesses or private residences. Pedestrian traffic shall be accommodated on adjacent sidewalks.

3. CONTRACTOR shall be required to provide and maintain barriers, guards, and lights whenever and wherever necessary in order to effectively protect the public from the dangers associated with the tree trimming operations. CONTRACTOR shall be required to post proper notices and signals for the public regarding detours and the conditions of work currently in progress.

P. Public Noticing of Tree Trimming Operations

1. CONTRACTOR shall be required to notify residents and/or businesses of scheduled tree trimming operations at least seven (7) calendar days prior to the work being performed, if necessary. Notifications shall be made in the form of door hangers, or letters mailed through the US Postal system.

2. CITY approved “No Parking” signs shall be posted on individual trees scheduled for trimming twenty-four (24) hours prior to the work being performed, if necessary. Signs shall be taped or tied and not nailed or stapled to the trees.

Q. Disposal of Debris
All brush generated from tree trimming operations shall be recycled where practical.

R. Green Waste Report
Green waste that is transported to an offsite facility for grinding into mulch shall be documented and submitted to the Parks Maintenance Supervisor on a monthly basis.

Weight slips shall be required as proof of disposal and shall be included in the monthly Green Waste Report.

S. Wood Chips
Chips generated from trimming operations within the City of El Centro may be dumped and spread at a CITY designated site or dumped at a green waste facility at the direction of the CITY Staff.

At the direction of the Parks Maintenance Supervisor, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the city or dumped at a green waste facility at the direction of CITY Staff.

T. Milling
At the direction of the Parks Supervisor, large tree trunks, which meet proper specifications, will be required to be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the proposal.

U. Invoice
CONTRACTOR shall be required to submit invoices on a monthly basis. Invoice format shall include but not be limited to: a list of each street where trimming operations took place; the address of each individual tree trimmed; the species and its current condition; and the height, trunk diameter, and canopy spread of each individual tree that was trimmed. Each invoice shall include an exact copy in electronic format that is compatible with the City’s Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met.

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Packet Pg. 170 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
72 V. Inspections

1. The Parks Maintenance Supervisor shall be furnished with every reasonable facility for ascertaining full knowledge of the tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work.

2. Each month, if necessary, the CONTRACTOR shall be required to submit a complete working schedule of all tree maintenance operations including but not limited to trimming, planting, removals, stump grinding and watering.

3. Inspection of the work shall not relieve the CONTRACTOR of any obligations to complete the work as outlined in this document. Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted for payment.

4. Any work found to be unacceptable will be noted in writing. Upon receipt of notice these deficiencies; the CONTRACTOR shall make a reasonable good faith effort to correct the deficiencies within ten (10) calendar days. If unacceptable conditions are not corrected within this time period the CITY shall have the right to deduct payment or terminate the Professional Services Agreement.

W. Withholding Payment
The CITY may withhold payment to such extent as may be necessary to protect the CITY from loss due to one or more of the following reasons:

1. Defective or inadequate work not corrected.

2. Claims filed or reasonable evidence indicating probable filing of claims.

3. Failure of the CONTRACTOR to make proper payments to subcontractors or for materials or labor.

4. A reasonable doubt that the Maintenance Services Agreement can be completed for the balance unpaid.

X. Minor Modifications and/or Additional Work

1. The CITY may modify these specifications with the joint approval of the CONTRACTOR and the CITY. All modifications shall be in writing.

2. In the event that the CITY should require additional work beyond the requirements of these specifications, the CONTRACTOR shall perform all work at a competitive price as listed.

3. Additional work may be added to the Maintenance Services Agreement work as the need arises. The CONTRACTOR shall perform all specified and approved additional work at the unit prices submitted with this proposal.

4. The CONTRACTOR must be willing to provide a competitive price for additional work that may be added to the Maintenance Services Agreement.

CONTRACTOR will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.

5. The CONTRACTOR must have the ability to receive and respond to emergency situations and must respond to emergency call outs within two (2) hours of receipt of the call.

10. BARK, MULCH, DECOMPOSED GRANITE
The CONTRACTOR will be responsible for notifying the CITY when areas are in need of new bark, mulch or decomposed granite. Racking of bark, mulch, or decomposed granite and litter removal at these areas shall occur as needed but at least on a monthly basis and shall be

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Packet Pg. 171 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
73 included in the bid. The CITY reserves the right to have the bark installed in any manner that it sees fit and by whomever it sees fit. In the event that the CITY requests that new bark mulch be added by the CONTRACTOR, it will be considered "extra work” in its entirety.

11. SHRUBS AND GROUND COVER
Trimming all shrubs shall be pruned as needed to meet the intent of the landscape design and have a neat appearance. Ground covers shall be edged as needed to keep plant growth from extending beyond curbs, onto sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend beyond the curb or sidewalk. Pruning shall occur three (3) times per year or as plant material growth dictates to meet standard.

All hedge and shrub heights along fences and walls will be maintained at the height of the fence line or at an approved height.

12. CONTACT INFORMATION
The CONTRACTOR provide a telephone number to the CITY that is accessible twenty-four (24) hours per day so that complaints and or requests can be addressed within twenty-four (24) hours of notification. It is further agreed that CONTRACTOR be available to resolve complaints and or request for service in a period of no longer than twenty-four (24) hours.

13. CONSULTATION
The CONTRACTOR shall provide complete professional consultation on landscape at all times, which includes weekly inspection by the CONTRACTOR and periodic reporting to CITY regarding landscape problems and proposed solutions and which may include landscape agronomist and arborist consultation and referrals or recommendations to landscape architectural consultants, as needed.

14. COMMUNICATION
The CONTRACTOR shall provide regular communications, whether verbal or written, and work as close as possible with the Parks Supervisor, Director of Community Services or other persons designated by the City Manager, keeping in mind the goals and objectives set forth by the CITY.

15. ADDITIONAL SERVICES
The CONTRACTOR shall make cost effective recommendations that are based on existing conditions and that are in the interest of the CITY without any extended cost to be incurred.

16. SAMPLE INSPECTION FORM

LANDSCAPE INSPECTION RATING FORM
SITE:________________________
Category
Meets
Standards
Y/N
Notes
Turf maintenance
Irrigation maintenance
Shrubs, groundcover, mulch areas
Tree maintenance

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Packet Pg. 172 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
74 NOTE: If any category does not meet City Standards, monthly payment for the specific site(s) will be withheld until the site is back in conformance.

17. SITE MAPS. Each proposed area requires different services, covers different size areas, contain varying numbers of plants and trees, and consists of different irrigation devices and systems. The following is a general description of each area.

CITY PARKS & LARGE AREAS ( SCHEDULE A #1-20)
Acreage:

Location/Address:

1. Carlos Aguilar Park- 1575 Pico Ave

2. Bucklin Park – 1350 S. 8th Street

3. Community Center/McGee Park - 375 S. 1st Street

4. Countryside Park –162 Jackrabbit Dr

5. Farmers Park – 18th & Whitney Way

6. Frazier Park – 1150 N 6th Street

7. Gomez Park – 901 S. Hope Street

8. Leeper Park – 250 S. Lotus Ave

9. Lotus Strip – 685 S. Lotus Ave

10. Pittman Park – 1997 Orange Ave

11. Plank Park – 2840 Wensley Ave

12. Stark Park – 831 S 4th Street

13. Swarthout Park – 350 Euclid Ave

14. Wildflower Park – 950 S. Lotus Ave

15. Wake Ave & So. Clark Ave to Manzanita

16. Water Treatment Plant – 1101 W. Danenburg Dr

17. Water Treatment Plant Substation- 202 N. LaBrucherie Ave

18. Waste Water Treatment Plant –2255 N. LaBrucherie Ave

19. Waste Water Treatment Plant Substation – 1575 Pico Ave Scope of Work:
 Landscaping, mowing, trimming, and edging of lawn and turf areas, trimming and pruning of plants and trees, maintenance of ground covering once per week.  Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.

Programming of irrigation controllers per seasonal watering schedules. Sprinkler heads shall be kept clear through weed eating or manual cleaning weekly. Inspection of turf area for pests and diseases.
 Litter removal and disposal once per week.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing or trimming. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY for CITY’s jobs only.
 Plants and shrubs shall be pruned and trimmed to not exceed three (3) feet above curb grade to maintain visibility for motorists.
 During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide ten 5-gallon shrubs per month/quarter to replace dead plant material where requested by CITY where indicated on schedule E.

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Packet Pg. 173 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
75 1. Carlos Aguilar Park 6. Frazier Park 11. Plank Park 16. Water Treatment Plant

2. Bucklin Park 7. Gomez Park 12. Stark Park 17. WTP Substation

3. Community Center/McGee Park 8. Leeper Park 13. Swarthout Park 18. Waste Water Plant

4. Countryside Park 9. Lotus Strip 14. Wildflower Park 19. WWTP Substation

5. Farmers Park 10. Pittman Park 15. Wake Ave/Clark

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Packet Pg. 174 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
76 21. FARMER’S RETENTION BASIN
RETENTION BASINS SCHEDULE B #21)
Acreage: ~
Location/Address: Farmers Retention Basin
a. !8TH Street & Whitney Way
Scope of Work:
 Cleaning, weed removal, bush removal, tree removal, debris removal, and maintenance fence barrier once every six months.
 Trash and debris clean up shall be done at least once every six months.  Repair of any damage done to tiles or any City property shall be paid by contractor should his/her .

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Packet Pg. 175 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
77 20. LOTUS RETENTION BASIN
RETENTION BASINS SCHEDULE B #22)
Acreage: ~
Location/Address: Lotus Retention Basin
b.

Scope of Work:
 Cleaning, weed removal, bush removal, tree removal, debris removal, and maintenance fence barrier once every six months.
 Trash and debris clean up shall be done at least once every six months.  Repair of any damage done to tiles or any City property shall be paid by contractor should his/her .

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Packet Pg. 176 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
78 23. OCOTILLO RETENTION BASIN
RETENTION BASINS SCHEDULE B #23)
Acreage: ~
Location/Address: Ocotillo Retention Basin
b. Ocotillo Dr between S 23rd St and S 22nd St
Scope of Work:
 Cleaning, weed removal, bush removal, tree removal, debris removal, and maintenance fence barrier once every six months.
 Trash and debris clean up shall be done at least once every six months.  Repair of any damage done to tiles or any City property shall be paid by contractor should his/her .

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Packet Pg. 177 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
79 24. ORANGE AVE RETENTION BASIN
RETENTION BASINS SCHEDULE B #24)
Acreage: ~
Location/Address: Orange Retention Basin
b. W Orange Ave just west of Lotus Drain
Scope of Work:
 Cleaning, weed removal, bush removal, tree removal, debris removal, and maintenance fence barrier once every six months.
 Trash and debris clean up shall be done at least once every six months.  Repair of any damage done to tiles or any City property shall be paid by contractor should his/her .

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Packet Pg. 178 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, 05/2024/cdz/A24-0089/BidDoc/GeneralLandscaping
80 24. TANGERINE RETENTION BASIN

END OF PROVISIONS
RETENTION BASINS SCHEDULE B #25)
Acreage: ~
Location/Address: Tangerine Retention Basin
b. Tangerine Dr between 2nd St & RR Tracks
Scope of Work:
 Cleaning, weed removal, bush removal, tree removal, debris removal, and maintenance fence barrier once every six months.
 Trash and debris clean up shall be done at least once every six months.  Repair of any damage done to tiles or any City property shall be paid by contractor should his/her .

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Packet Pg. 179 Attachment: A24-0089 General Landscaping Large Parks - June 2024 (6381 : Approve Bid Documents for the General Landscaping Services, City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: For Discussion
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6382) DOC ID: 6382
Discussion and Update Regarding Security Services at
Bucklin Park
CITY MANAGER’S RECOMMENDATION:

Approve unarmed security guard at Bucklin Park.

FISCAL IMPACT:

The cost per year for an Armed Guard at Bucklin Park is $172,577. The funding source is Measure P.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #3- Community Health, Safety & Welfare
Action 3.12: Continue collaborating with community members to expand crime prevention activities and programs to reduce the fear and incidence of crime.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Due diligence was completed at the time of Agreement execution. Securitas has a business license on file.

BACKGROUND:

As part of the Strategic Plan community participation process, City Staff conducted outreach through public community input sessions and online survey opportunities. It was brought to Staff’s attention that security was a great concern for the community.

Many communicated the need for cameras and surveillance at parks or additional security at these facilities. While they enjoyed the recreational facilities and parks, the community felt that the increase in homelessness created anxiety for users of the facilities.

As a response to the community feedback received, Staff obtained a preliminary cost estimate of security services and the cost was approved through the Measure P Process. Securitas Security Services was awarded the security contract in June 2023.

DISCUSSION:

During the Request for Proposal process in 2023, Council discussed whether an armed guard was necessary at Bucklin Park and requested that City Staff provide an update regarding whether an armed guard was warranted. Due to new data sources available to Staff, it’s important to note that in 2023 Bucklin Park had 298,700 visits and that year over year there has been a 7.9% increase in visits. Visitors come from all areas of Imperial Valley to use the park facility.

As it relates to Security Services, members of the community have generally had a positive response to the security available at the park. Currently, Advanced Landscaping Services is responsible for mowing the facility and the company’s owner 10 Packet Pg. 180
Action Item (ID # 6382) Meeting of June 4, 2024
has shared that security has reduced the amount of trash that is left behind and the park is overall a lot cleaner.

Currently, Staff receives reports from Securitas regarding park incidents. Generally, they have documented minor nuisances, including walking dogs without a leash, new graffiti in restrooms, intoxication in a public park, and other minor incidents.

CONCLUSION:

The current Agreement allows the City to reduce the scope from armed guard to unarmed guard. It is Staff recommendation to move forward with an unarmed security guard at Bucklin Park.
10 Packet Pg. 181
City Council of the City of El Centro Meeting: 06/04/24 11:30 AM 1275 Main Street Department: Police
El Centro, CA 92243 Category: Grant
Prepared By: Amanda Curiel
SCHEDULED Department Head: Robert Sawyer
RESOLUTION (ID # 6401) DOC ID: 6401
Authorizing the Acceptance of Grant Funds from the Board of State and Community Corrections (BSCC).

CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE

BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) IN THE AMOUNT NOT TO EXCEED $28,083.31.

FISCAL IMPACT:
$28,083.31 (no matching funds)
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal#3: Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

The California Board of State and Community Corrections (BSCC) has been delegated the responsibility of managing the Officer Wellness and Mental Health Grant Program.

Established in 2022, the Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. The funding may be used for any of the following purposes:
• Establishing or expanding officer wellness units
• Establishing or expanding peer support units
• Services provided by a licensed mental health professional, counselor or other professional that works with law enforcement
• Expanding multiagency mutual aid programs focused on officer wellness and mental health
• Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness.

BSCC has granted the El Centro Police Department an Officer Wellness and Mental Health grant in the amount of $28,083.31. The grant is authorized to be used toward any of the five points listed above. The entire amount of the grant must be used by December 1, 2025.

DISCUSSION:

Through extensive research of best practices and evidence-based initiatives, along with identification of existing needs, the El Centro Police Department has identified one program that would enhance existing capabilities. The Cordico Shield Law Enforcement 11 Packet Pg. 182
Resolution (ID # 6401) Meeting of June 4, 2024
Wellness Solution is a customizable digital solution for delivering resources and education material to all El Centro Police Officers.

This digital solution is an application (“app”) which can be downloaded on an officer’s phone for immediate access to a wide variety of wellness resources, wellness and mental health training material, mindfulness practices and engagement, access to culturally competent mental health clinicians who already contract with our department, our Peer Support Team, and numerous other resources that meet the parameters of the grant.

As a digital solution, the Cordico Shield app is web/cloud based, and therefore does not require any assistance from the City’s Information Technology division. The app also has a proven track record with other law enforcement agencies and enables confidential usage reporting, so that we may track usage, training needs, and department trends related to wellness.

CONCLUSION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE

BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) IN THE AMOUNT NOT TO EXCEED $28,083.31.

ATTACHMENTS:
· BSCC Officer Wellness Grant memo from Linda Penner (002) (PDF) · BSCC Distribution Officer Wellness 2022 post (PDF)
· Resolution (DOCX)
11 Packet Pg. 183
DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.

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Packet Pg. 184 Attachment: BSCC Officer Wellness Grant memo from Linda Penner (002) (6401 : Acceptance of Grant Funds from BSCC) Officer Wellness & Mental Health Grant Recipients

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El Centro City CouncilJune 4, 2024

El Centro City Council
June 4, 2024