AGREEMENT FOR BROKERAGE SERVICES
THIS AGREEMENT is made and entered into this day of
20_ _ by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18t Street, Merced, California 95340, (hereinafter referred to as "City") and San Joaquin Valley Hay Growers Association, a member owned cooperative (hereafter "Broker"), whose address of record is PO Box 1127, Tracy, California 95378, for good and valuable consideration the receipt and sufficiency is hereby agreed, upon the following mutual promises:
SCOPE OF SERVICES. City currently has approximately 759 acres of various crops, such as alfalfa, winter forage, sorhum sudan and corn silage (the "Crop"). Broker has bid on the right to broker said Crops and is the successful bidder following a bid process. Broker agrees to broker the Crops at the bid amount as shown in Exhibit "A" attached hereto and herein incorporated by reference. The allocation of crop acreage and rotation of crops may change during the term of this Agreement at the sole discretion of the City.
Broker shall market the City's Crops and sell them at a price based upon the current market price in the Merced area for a similar grade and quality of the Crops sold. Broker shall utilize best marketing efforts on behalf of the City to return the highest possible price in the best interest of the City. Samples will be taken by City staff and once the results are obtained, Broker and a designated representative from the City will determine the approximate market value of the Crop.
2. CROPLOCATION. The Crops are located at 10260 Gove Road, Merced, California. Fields may be taken out of production upon the discretion of the City for the incorporation of Biosolids, which will typically occur twice per year.
3. PAYMENT TO CITY. Within thirty (30) days from the day of sale of any crops (in whole or in part thereof) covered by this Agreement, Broker shall pay City the proceeds from the sale of said Crops less the following expenses:
Broker's costs of brokering said Crops as set forth pursuant to the rate schedule set forth in Exhibit "A" attached hereto.
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1 4. DESIGNATED CONTACT. For purposes of this Agreement, the day-to-day contact for this Agreement is Mr. Charles Slagter, Operations Supervisor, at phone number (209) 385-6207. Arrangements for the harvesting and access to the fields are to be made through Mr. Slagter.
BROKER RESPONSIBLITIES. Broker is to pay for the costs of transporting Crops from the City of Merced Land Application Site to Broker's desired location for storage or sale. Broker shall be entitled to deduct its costs of brokering the Crops from the proceeds of any sales of the Crops only as authorized by Section 3 of this Agreement. All Crops are to be sold "as is and where is" and without any recourse to the City of Merced. The tonnage per field is to be provided for documentation purposes.
6. COORDINATION OF WORK. The loading and transportation of the Crops is to be coordinated with the City's Land Application Lead Worker. All requests for loading and transportation outside of the City's normal business hours must be coordinated and approved in advance with the City's Land Application Lead Worker.
7. REMOVAL OF CROPS. The Crops must be removed from City property within a reasonable amount of time after harvesting, or the City, at Broker's expense, will remove remaining Crops.
8. CERTIFIED WEIGHT TAGS. All certified weight tags must be submitted at time of payment (NO EXCEPTIONS TO THIS REQUIREMENT ARE ALLOWED).
9. RELEASE OF LIABILITY. Broker shall sıgn a Release of Liability, a copy of which is attached to this Agreement as Exhibit "B". No harvesting of the Crops shall commence until all documents, including proof of the required insurance coverage and Release of Liability have been executed and/or filed with the City.
10. INDEPENDENT CONTRACTOR. Nothing herein is intended to create an employer-employee relationship between City and Broker. Broker and any of his or her employees, workers or assistants are independent contractors and not agents, sub-agents, or employees of the City. Broker shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should Broker desire any insurance protection, Broker is to acquire same at his/her expense.
In the event Broker or any employee, agent, or subcontractor of Broker providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Broker shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Broker or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. INDEMNITY. Broker shall indemnify, protect, defend (with legal counsel selected by the City), save and hold City, its officers, employees, and agents, harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of Broker or Broker's officers, employees, volunteers, and agents during performance of this Agreement; Broker shall indemnify, protect, defend (with counsel selected by the City) save and hold City, its officers, employees and agents harmless from any and all claims or causes of action for any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of Broker or its employees, subcontractors, or agents, or by the quality or character of Broker's work, or resulting from the negligence of the City, its officers, employees, volunteers and agents, except for loss caused by the sole negligence or willful misconduct of the City or its officers, employees, volunteers or agents. It is understood that the duty of Broker to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Broker from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall survive the termination of this Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Broker acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
12. INSURANCE. During the term of this Agreement, Broker shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
a. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer's 3 Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City.
General Liability.
(i) Broker shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(ii) Broker shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Broker.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Broker and its sub- contractors, and that any other insurance or self-insurance maintained by City or other named insureds shall be excess and non-contributory.
(V) Broker shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal.
C. Automobile Insurance.
(i) Broker shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
4 (ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the Broker. (iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Broker and its sub- contractors, and that any other insurance or self-insurance maintained by City or other named insureds shall be excess and non-contributory.
d. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A: VII or better (except for workers' compensation provided through the California State Compensation Fund).
e. Certificate of Insurance. Broker shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation-including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Broker's insurance policies are not current.
13. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Broker that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Broker.
14. TERM. Unless terminated pursuant to Section 13 of this Agreement, the term of this Agreement shall commence on , 20_, and shall continue for a period of three (3) years. At the conclusion of the three-year term, the Agreement can be extended for up to two (2) one (1) year terms, for a total of 5 two (2) additional years, in the sole discretion of the City. An annual review of Broker's performance for all services being provided pursuant to this Agreement shall occur during each year the Agreement is in effect at a date determined by the City.
15. BROKER'S BOOKS AND RECORDS. Broker shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Broker to this Agreement. Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City.
16. CONFORMANCE TO APPLICABLE LAWS. Broker shall comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Broker in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Broker hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Broker so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Broker hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
17. WAIVER. In the event that either City or Broker shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
18. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached documents) or exhibit(s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. 6 Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
19. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
20. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
21. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
22. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
23. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
24. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
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7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
Amanda
By: Savage Date: 2023.03.17 11:26:09-0700
City Attorney Date
ACCOUNT DATA:
BY:
Verified by Finance Officer
(Signatures continued on next page)
8 SAN JOAQUIN VALLEY HAY
GROWERS ASSOCIATION,
a Member Owned Cooperative
(Signature)
RICHARO W. STAAS
(Typed Name)
Its: PRESIDENT / CEO
(Title)
BY:
(Signature)
(Typed Name)
Its:
(Title)
Taxpayer ID. No. 94-0837507
ADDRESS: P.o. Box 1127
TRACT, CA 95378-1127
TELEPHONE: 209-835-1662
FAX: 209-835-0719
E-MAIL: haygrower @ Caldsl.net
1-\wdoes 033601001\AGT01030350.DOCX
9 EXHIBIT A
San Joaquin Valley Hay Growers Association
January 31, 2023
Charles Slagter
WWTP Operations Supervisor
City of Merced
1776 Grogan Avenue
Merced, CA 95341
Re: RFP
Mr. Slagter,
Thank you for the opportunity to bid on the brokerage portion of the Request for Proposal 1 received from the City of Merced Public Works Department.
I welcome the opportunity to continue to provide sales and brokerage services of your hay and forage products through May 31, 2025.
The San Joaquin Valley Hay Growers Association is a grower owned cooperative established in 1940 for the purpose of stabilizing and promoting hay and forage product marketing and movement. We currently serve 157 member/growers in the San Joaquin Valley.
My team fully understands the services to be provided in the RFP. They will inventory, market, sell and schedule hauling of your hay and forage products. It is understood that acreage and products may vary and they will provide recommendations based on market opportunity.
I understand and will comply with the special requirements in the RFP.
In addition to the proposal specifications, the Association provides payment twice a month.
Should the Association be awarded this contract on proposal, be assured we will continue to provide superior marketing alternatives and strategies to achieve the highest product prices and revenue for your operation and the City of Merced.
References are enclosed.
Regards,
Rick Staas
President/CEO
DESTRICT LOCATIONS: LOS BANOS/COS PALOS • TRACY/WESTSIDE • CENTRAL • NORTHERN
MEMBER LOR A HOMEN AL AGREE ANATON A CASION TEA A FOR ALRE FARM AREA FEDERATON LAIN OFFICE: P.O. BOX 1127 • TRACY, CA 95378-1127 • TRACY: 209/835-1662 • FAX: 209/835071 MAll: havarowerdea dal no
San Joaquin Valley Hay Growers Association
REFERENCES:
Hastings Island Land Company
7872 Hastings Island Rd.
Rio Vista, CA 94571
Jack Kuechler-owner
650-328-0820
[email protected]
Fagundes Farms
19407 W. Almond Dr.
Los Banos, CA 93635
Chris Fagundes-owner
209-769-8211
[email protected]
7P Cattle Company
1005 Parker Ave.
Tracy, CA 95376
Ernie Pombo-owner
209-835-4949
[email protected]
DISTRICT LOCATIONS: 1OS BANOS/DOS PALOS • TRACY/WESTSIDE - CENTRAL • NORTHERN LEMBERS OF: CALIFORNIA ALFALFA & FORAGE ASSOCIATION • CALIFORNIA GRAIN & FEED ASSOCIATION • CALIFORNIA FARM BUREAU FEDERATIO FORNIA WOMEN FOR AGRICUUURE • NAJIONAL HAY ASSOCIATION • NAIIONAL ALFALFA & FORAGE ALLANC MAIN OFFICE: P.O. BOX 112T • TRACY, CA 953781127 • TRACY: 209/835-1662 • FAX: 209/8350719 EMAL: [email protected]
CITY OF MERCED
MERCED
REQUEST FOR PROPOSALS (RFP)
HAY BROKERAGE AND HARVESTING
The City of Merced Public Works Department invites all prospective vendors to submit proposals for the harvesting of fodder crops grown onsite in the Land Application Area. Brokerage and custom hay harvesting proposals will remain separate, and the prospective proposer may submit a proposal for either, but not both requested services in the same proposal.
You are hereby invited to submit a proposal based upon the requirements and conditions set forth in this RFP.
Proposal Submission:
Three (3) copies of the completed proposal must be submitted no later than 3:30 p.m. on Friday, February 3rd 2023.
Fee Proposal:
One (1) copy of a separate fee proposal must be submitted in a separate. sealed envelope marked "RFP for Custom Hay Harvesting or Brokerage of Hay."
Mailing Instructions:
City of Merced
Wastewater Treatment Facility
1776 Grogan Ave
Merced, CA 95341
Inquiries:
Bill Osmer, WWTF Manager, and Charles Slagter WWTF Operations Supervisor, via email at [email protected]
Questions pertaining to this RFP should be directed in writing only, no later than 72 hours prior to proposal submission deadline to the mailing address indicated above. ". ".
Request for Proposals
TABLE OF CONTENTS
Objective.. .3
Scope of Services.. ,3
Method of Compensation. ...3
Special Issues and Requirements. .........3
Proposal Content. ..4
Proposal Selection....... ....4
Protest Process. ....5
Public Record ........
Withdrawal of Proposals.. ................ б
Attachments:
A. Scope of Services
B. Form of Agreement
C. Supplemental proposal form
D. Release of Liability and Indemnity Agreement
".
City of / City of Merced + Wastewater Treatment Facility Merced Land Application Program
Gateway to Yosemite 1776 Grogan Ave, Merced, CA 95341 4 Phone (209) 385-6892
SCOPE OF SERVICES
The City of Merced Land Application Division currently has in production 759 acres of various crops, such as alfalfa, winter forage, sorghum sudan, and corn silage (hereafter "Crops"). Fields may be taken out of production upon the discretion of City of Merced staff for the incorporation of biosolids, which typically occurs twice a year. The allocation of crop acreage and rotation of crops may change during the term of the Brokerage Agreement at the sole discretion of the City.
The following Terms and Conditions will apply to the brokerage and/or harvesting of all hay crops:
1. Bidders are to formally submit the percentage (%) rates they charge for brokerage of Crops. See supplemental bid form. These rates will be in effect during the term of the Agreement.
2. The successful responder will sell each cutting of crops according to market value and deduct brokerage fees or harvesting costs. Determination of value will be coordinated with and approved by Public Works Director or designee.
3. Hay samples will be taken by City of Merced staff, and once the results are obtained, the broker and City staff will determine the approximate market value of the hay. Brokerage of the hay crop is responsibility of the broker.
4. The coordination of cutting, baling, spraying, irrigation, and planting is to be handled between the City's Land Application Program Lead Worker, the City's Operations Supervisor, and the broker. The City of Merced has the final authority and discretion regarding irrigation timing and practices and fertilizer applications to ensure compliance with permits and regulations.
5. Balers are to be equipped with knife conditioners, and other related equipment in order to provide a suitable end product that meets the needs of the broker's identified market.
6. 'All hay or silage is to be sold "as is and where is" and without any recourse to the City of Merced. Upon harvesting, all crops are to be sold and removed from premises in as short as time possible to avoid accumulation of stacked hay.
7. All hay is to be stacked separately from each field. Bidders will be required to submit documentation showing bale count, tonnage, and crop type per field for state reporting
8. Purpos must be paid in full (minus any authorized deductions) to the City of Merced within 30 days of the sale. All loads must be weighed on a certified scale. (NO EXCEPTIONS). Checks can be made out to the City of Merced and dropped off in person at the WWTF.
9. The City of Merced reserves the right to reject any or all proposals, or to accept the proposal that best serves the public, even though it may not be the highest.
10. Proposals are to encompass the entire harvest.
11. Contract term shall commence June 1, 2023 and end on May 31, 2025 with the option to renew for two (2) additional one-year periods. An annual review of the broker's performance in all aspects of service shall be performed by the City. The City of Merced retains the right to cancel the contract at any time.
12. The successful responder will be required to enter into an Agreement that will include the requirements of this RFP as well as other requirements, including signing a Release of Liability and Indemnity Agreement. Any submission of a response without objection to the Agreement or Release of Liability and Indemnity Agreement indicates responder's understanding and intention to sign the aforementioned Agreements. If there is a term or condition in either Agreement that responder intends to negotiate, it must be stated in their response. The City reserves the right to reject any responses) containing exceptions or modifications to the Agreements. The Agreements are attached to this RFP and should be reviewed carefully before submitting a response as both contain indemnification
13. Brokerage and custom hay harvesting contracts will remain separate and the bidding party may submit proposal for either harvesting or brokerage. Proposals for both services will not be awarded to the same party.
14. Proposal for the additional costs of harvesting hay for lightweight small bales or for harvests under ton per acre shall be included in the supplemental bid form. 1S. Hay harvesting invoices will be paid upon the weight tags provided by the broker per field and per cutting. A completed work invoice will be submitted from the harvesting company declaring field number, bale count, date, large or small bale size and cutting cycle within 30 days of work being performed.
SEALED BIDS will be accepted until 3:00 p.m. Feb 3, 2023. Bids may be mailed to 1776 Grogan Ave, Merced, CA 95341 or hand delivered to the WWTF at 10260 Gove Rd, Merced, CA 95341.
The undersigned agrees to the harvesting, selling, brokering of all herein described hay.
The undersigned also agrees to pay all such charges as may be necessary for the purchase of the herein described Hay.
Bidder's Name: Sir Jonquin VAucy Hay Growoes AesociatioN By: :
Signature
Address: 7.0.80x1127
TRACY, CA 95978-1127
Phone Number: 209-495-3747 209-835-1662
Date: 1-31-23
Request for Proposals
Request for Proposals
4 OBJECTIVE
The City of Merced Public Works Department ("City'") is seeking a qualified vendor to provide Hay brokerage or custom hay harvesting services.
The City of Merced WWTF Land Application Area is designed for the disposal of biosolids produced from the treatment of wastewater. Fodder crops are grown to absorb nitrogen from the biosolids to prevent nitrogen from seeping into the groundwater. Fodder crops are then harvested and sold to local farmers and ranchers.
The purpose of this RFP is to partner with a vendor who can assist the WWTF to harvest the fodder crops in recovering operation costs of the biosolids application.
Any quantity listed within this RFP or attachments is an estimate of anticipated needs and is given for informational purposes only. The estimated quantity should not be construed as an obligation; the actual quantities may vary depending on available funding. No unit price adjustments will be allowed as a result of an increase or a decrease in the quantities listed.
Contract term commencement is tentative on contract award; initial contract term shall end on June 1, 2023, with the option to renew for two (2) additional one (1) year periods.
SCOPE OF SERVICES
See attached Scope of Services form
METHOD OF COMPENSATION
Any necessary services outside the scope of the work must be identified and approved in advance conta an element il be considered rector prior eine to din the relier or Director or his designee.
Payments, upon invoice, will be made monthly based on actual hours worked or otherwise agreed upon fee structure. Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date.
SPECIAL ISSUES AND REQUIREMENTS
Form and Execution of Contract, Attachment A is the form of the contract (Agreement for Supply nd Services) the successful proposer will be expected to execute. Any exceptions to the form o he contract must be clearly stated in the proposal and may be grounds for being declared non Labor Code. The Consultant shall comply with Sections 3700 et seq. of Labor Code of the State of California, requiring every employer to be insured against liability for worker's compensation. ... ..
Request for Proposals
5 Civil Rights Laws. Consultant, its employees, and any subcontractors shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and all other applicable non-discrimination civil rights requirements.
Insurance. The Consultant shall also meet the insurance requirements in Section 9 of the contract, including liability insurance in the amount of $1,000,000, naming the Agency as additional insured.
Conflict of Interest. The Consultant must be aware of and comply with conflict of interest rules included in the California Political Reform Act, and Section 1090 et. Seq. of the Government Code.
The Political Reform Act requires City/Agency officers and committee members to file statement Finterest and abide by a Conflict of Interest Code. Section 1090 limits or prohibits a public officia from contracting with a body of which an official is a member. Section 1090 applies even where the officer only reviews the contract for the approving body.
City of Merced Business License. Consultant shall obtain and maintain a City of Merced Business license throughout the contracted period.
PROPOSAL CONTENT
The City requires the proposer to submit a concise proposal clearly addressing all of the requirements outlined in this RFP; it must contain information covering the following topics:
Cover Letter. The RFP shall include a cover letter signed by the team representative authorized to sign contracts stating interest and ability to perform the work, and ability to perform to above schedule (through May 31, 2025).
b. Experience and Services. The RFP shall list and describe previous experience and expertise with providing Hay brokerage and custom hay harvesting services at a scale comparable to this RFP.
c. Project Understanding. The RFP shall include a summary of the team's understanding of the services to be provided to the City of Merced as well as any recommendations d. Special Requirements. The RFP shall include a statement of understanding and compliance with the special requirements listed herein. e. Refereaces. The RFP shall include information on three (3) references that may be contacted to discuss the reference's experience with the team; include telephone number and email address.
I. Fee Estimates. Each proposal shall include a fee estimate for providing services and must be contained in a sealed envelope separate from the proposal. Specify hours by billing Request for Proposals
6 ead as boul rates, costs by fast, details of any other charges, a not 10-exced for each PLEASE NOTE: The City does not pay for services in advance. Therefore, do not propose contract terms that call for upfront payments or deposits.
PROPOSAL SELECTION
RFP submittal will be reviewed for completeness and qualifications by City representatives. The City representative will negotiate with the top-ranked proposer (s) to determine the final award.
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in the preparation and submission of proposals or in anticipation of a contract.
The City reserves the right, without qualification, to:
Select any proposal when such action is considered to be in the best interest of the City; • Reject any and all proposals;
• Issue subsequent Requests for Proposals;
• Postpone opening for its own convenience;
• Approve or disapprove the use of particular sub-contractors; • Accept other than the lowest offer;
• Exercise discretion and apply its judgment with respect to selection of any proposals submitted;
Waive any informalities and minor irregularities in the proposals; Negotiate with any, all or none of the proposers;
• Select proposals, based on initial proposals received, without discussion or after detailed discussions or contract negotiations;
• Enter into an agreement with another proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City.
An agreement shall not be binding or valid with the City unless and until it is fully executed by authorized representatives of the City and of the proposer.
REP PROTEST & APPEAL PROCESS
Potential bidders, proposers, contractors, and sub-contractors wishing to protest or appeal a procurement or contracting decision made by the Purchasing Division must follow the procedures provided by this section. Protests or appeals which are not submitied in accordance with these procedures reviewed.
Request for Proposals
7 PROTEST SUBMISSION
(1) Any interested party (actual or prospective bidder or proposer) may file a written protest with the Purchasing Supervisor (PS) no later than five (5) working days after the date of mailing a Notice of Intent to Award (NIA).
(2) The written protest may be delivered in person or via certified mail to the PS at Purchasing Division, 2525 O Street, Merced, CA 95340.
(3) The protest must be physically received by the PS by 4:00 p.m. PST, by the fifth day during the protest period.
(4) The protest filed with the PS shall meet the following prerequisites:
a. The name, address, and business telephone number of the protestor.
Identify the project under protest by name, RFP/quotation/bid number, and RFP/quotation/bid date.
c. Contain a concise statement of the grounds for protest; however, the RFP or bid procedures (including evaluation criteria) shall not constitute grounds for protest. Concerns related to those issues must be raised and addressed prior to the bid or proposal opening date to allow adjustments before evaluation of bids d. Incide all supporting documentation, if any. Documentation submitted after filing the protest will not be considered during review of the protest or during an
PROTEST REVIEW AND APPEAL
(2) If the protested procurement involves federal funds, the PS shall give notice to the interested party that he or she has the right to appeal to the appropriate federal agency the appropriate agency within five (5) working days of the dispatch of rejection notices (3) The PS' decision may be appealed in writing to the City Manager (CM) or his or her designee(s), with a copy to the PS, not later than ten (10) working days after the date the PS' decision is mailed to the protesting party. A bid or proposal appeal review committee comprised of the CM or designee, and any other person(s) he or she selects shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the PS. The appealing party may be represented by legal counsel, if desired. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation. The decision of the bid appeal review committee shall be final.
(4) If the protested procurement involves federal funds, interested parties may have the right to appeal to the appropriate federal agency. When applicable, the PS shall give notice •
Request for Proposals
8 to the interested party that he or she has the right to such an appeal and shall identify the federal agency by name and address. When applicable, an appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested parties.
The City will not request authorization to award the contract until the protest process is completed.
PUBLIC RECORD
Pubie Bet Department recoin ends a property the cord al proposal re e response to this RFP becomes a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary" The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as non-responsive.
Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Merced may not accept or approve that the information that a Proposer submits is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," or "Proprietary," the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.
WITHDRAWAL OF PROPOSALS
A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer.
All submittals shall be submitted in writing. Any exceptions to the requirements stated herein shall be clearly stated in the submittal and may be grounds for being declared non-responsive.
All correspondence or communications in reference to this RFPs shall be directed to:
Charles Slagter
WWTF Operations Supervisor
City of Merced
1776 Grogan Avenue
Merced, CA 95341
Request for Proposals
9 [email protected]
All costs for preparation of the submittals shall be borne by the applicant, and submittals receíved shall become the property of the City, whether accepted or rejected. Incomplete submittals may be rejected as non-responsive. The City reserves the right to reject any and all proposals submitted in response to the RFP.
City of A City of Merced • Wastewater Treatment Facility Merced Land Application Program
Gareway to Yosemite 1776 Grogan Ave, Merced, CA 95341 • Phone (209) 385-6892 Supplemental Bid Form
Equipment Inventory List Quantity
1 2
3 4
5 6
7 8
9 10
11 12
13 Brokera re Percentage (%) per ton for Commodity Fair Market Value:
Hay: 6-5% Silage:_ 6.5%
Harvest Costs
Swathing
Raking
Bale Big Bales: Small Bales:
Remove to
Hay Pad Big Bales: Small Bales:
Light Bale
Costs:
EXHIBIT B
RELEASE OF LIABILITY AND INDEMNITY
In consideration of the City of Merced's ("City") brokerage agreement with San Joaquin Valley Hay Growers Association, a member owned cooperative, ("Releasor") for the harvest crop, Releasor hereby agrees to forever release, discharge and acquit City, its managers, officers, employees, agents and volunteers, and each of them, from any and all claims, injuries, demands, obligations, indebtedness, acts, omissions, costs, losses, damages, liabilities or causes of action of every type, kind, nature, description or character that may arise out of or in connection with or be incidental to Releasor's harvesting, loading and transporting of the crop from the City's Land Application site, irrespective of how, why or by reason of what facts such injuries, losses, damages, or liabilities may occur.
Releasor further acknowledges that it is assuming all risks relating to, arising out of or in connection with, or inherent to loading, transporting and sale of the crop and that such risks may include claims, losses, injuries, demands, obligations, indebtedness, acts, omissions, costs, damages, liabilities or causes of action asserted by persons or entities not a party to this Agreement, including but not limited to, property damage, personal injury, and wrongful death claims and including but not limited to all risks relating to any act, omission, misfeasance, malfeasance or negligence of City, its managers, officers, employees, agents or volunteers.
By execution of this Agreement, Releasor on behalf of itself, its successors and assigns represents that it is insured for any and all of the above-described claims, losses, damages, or causes of action which may be asserted against City.
Releasor further acknowledges and agrees, at its sole expense, to indemnify and defend City against any and all of the above-described claims, losses, damages, or causes of action which may be asserted against City.
The undersigned hereby acknowledges that she/he has read the foregoing Agreement and knows the contents thereof, that the terms thereof are contractual and not by way of recital, that she/he signs this Agreement as his/her own free act, and that she/he is authorized to sign this Agreement by Releasor. 1//
JAWDOCS 033601001\NOT\01029617.DOCX
IAM FULLY AWARE THAT BY SIGNING THIS DOCUMENT I AM
AGREEING TO SHIFT LEGAL LIABILITY FOR ALL RISKS, INCLUDING
ALL ACTS, OMISSIONS, MALFEASANCE, MISFEASANCE, OR
NEGLIGENCE OF THE CITY, TO RELEASOR SO THAT I MAY FULFILL
MY OBLIGATIONS UNDER THE BID AWARDED TO ME FOR THE
BROKERAGE OF THE HARVEST CROP.
DATED: 4-3-23 "RELEASOR"
BY:_ passe
Signature
-RICHARD W. STAAS
Print Name
JNWDOCSI03360\001\NOT01029617.DOCX
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