City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00665 4/2/2024 Consent Item 7.
Contract: Vegetation Control Services - Open Area Grazing in City Parks File ID: 2024-00665
Location: District 1, Represented by Councilmember Kaplan; District 2, Represented by Councilmember Shoun Thao; District 8, Represented by Councilmember Vang Recommendation: Pass a Motion: 1) awarding a one-year contract to Legacy Ranching for vegetation control services in an amount not to exceed $106,275; 2) authorizing the City Manager or the City Manager’s designee to extend the contract for up to four additional years for an amount not to exceed $531,375 for the potential five-year period; and 3) authorizing the City Manager or the City Manager’s designee to execute the contract and extensions provided that sufficient funds are available in the budget adopted for the applicable fiscal year.
Contact: Shawn C. Aylesworth, Park Maintenance Manager, 916-808-4070, [email protected], Department of Youth, Parks, & Community Enrichment (YPCE) Presenter: None.
Attachments:
1-Description/Analysis
2-Contract
Description/Analysis
Issue Detail: YPCE is seeking to award a contract to Legacy Ranching for livestock grazing services in city parks. As an alternative to mowing, grazing is a supplemental service that helps our open spaces become barriers to wildfire instead of hazards. The livestock used by the grazing contractor have the additional benefit of not only reducing fire risk, but also reducing soil erosion, improving air and water quality, and lessening impacts to fish and wildlife habitats.
Policy Considerations: The recommendations in this report are in accordance with the provisions of the City Code Chapter 3.56 related to the procurement of non-professional services and supplies.
Economic Impacts: None.
File ID: 2024-00665 4/2/2024 Consent Item 7.
Environmental Considerations: Under the California Environmental Quality Act (CEQA) Guidelines section 15301(h), maintenance of existing landscaping is exempt from environmental review.
Sustainability: The landscape maintenance services received under this contract will support the goals of the City of Sacramento's Sustainability Master Plan by contributing to the quality of life by promoting "greening" within the city.
Commission/Committee Action: None.
Rationale for Recommendation: On January 4, 2024, YPCE, in accordance with City Code Chapter
3.56 issued Invitation for Bid No. B24191311003 for vegetation control services in open area grazing in city parks.
The city received five bid responses. Three bids were deemed non-responsive. The lowest responsive and responsible bidder was determined to be Legacy Ranching. A summary of the bid results is provided in the table below:
Company Bid Amount Notes
Legacy Ranching $531,375
Leland F. Hazeltine $589,415
*Capra Environmental Services, Corp $685,293 Non-responsive *Blue Tent Farms, LLC dba Western Grazers $712,619 Non-responsive *Nathaniel Medlar dba NM Ranch $772,182 Non-responsive
*These three bidders were deemed non-responsive for failing to acknowledge the addendum.
Financial Considerations: A one-year contract for the initial period beginning April 15, 2024, through December 31, 2024, will not exceed $106,275. The contract contains the option to extend the term for up to four additional years. If all extensions are exercised, the five-year maximum will not exceed $531,375.
There is sufficient funding in YPCE’s current annual operating budget for this contract. Any future extensions of this contract will be subject to sufficient funding in the applicable fiscal years’ budget.
Local Business Enterprise (LBE): LBE requirements have been waived.
Form Approved by City Attorney 91 2020 Page 1
CONTRACT #: PRC002739
CONTRACT NAME: Vegetation Control ServicesOpen Area Grazing in City Parks CONTRACT PROJECT #: B24191311003
DEPARTMENT: Youth, Parks, & Community Enrichment
DIVISION: Park Maintenance
CITY OF SACRAMENTO
NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACTis made at Sacramento, California, by and between theCITY OF SACRAMENTO, a charter city and municipal corporation(CITY),and
Robert Thompson dba Legacy Ranching
19100 Piper Lane
Penn Valley, CA 95946
(530) 7080590 /[email protected]
(Contractor),as of the Effective Date, as defined below.
The City and Contractor agree as follows:
1. Effective Date.This Contract shall be effective beginning April 15, 2024.
2. Contract Documents.This Contract includes each of the following documents, which are attached or incorporated by this reference (referred tocollectively as theContract Documents):
Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit AScope of Work
Exhibit BPayment
Exhibit CInsurance
Exhibit DGeneral Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.
3. Services.Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the nonprofessional services described in Exhibit A(Services).
Contractor will not be compensated for nonprofessional services outside the scope of Exhibit A (Additional Services)unless, before providing Additional Services: (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 91 2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the termServicesincludes both Services and Additional Services as applicable.
4. Payment.City shall pay Contractor at the times and in the manner set forth in Exhibit B.
Contractor shall submit all invoices to City in the manner specified in Exhibit B.
5. Facilities and Equipment.Except as set forth below, Contractor shall, at its sole cost and expense, furnishall facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any.
6. Insurance.Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.
7. General Conditions.Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.
8. NonDiscrimination in Employee Benefits.This Contract may be subject to Sacramento City Code chapter 3.54, NonDiscrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the NonDiscrimination in Employee Benefits Code (Equal BenefitsOrdinance),can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/ContractOrdinances.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
9. Living Wage.This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage.
A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/ContractOrdinances.
The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12month period.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 91 2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.
Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.
10. Considering CriminalConviction Information in the Employment Application Process.This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitledBanTheBoxRequirements,can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/ContractOrdinances.
The BanTheBox Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12month period.
Contractor acknowledges andrepresents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/ContractOrdinances.
Contractor acknowledges and represents that Contractor has read and understandsthese requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.
Form Approved by City Attorney 91 2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
12. Authority.The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contractsobligations.
[Signatures Page Following Exhibits]
Form Approved by City Attorney 91 2020 Exhibit A Page 1
EXHIBIT A
SCOPE OF SERVICES
1. Representatives.
The CITY Representative for this Agreement is:
Jodie Vong, Administrative Officer
Park Maintenance Division
5730 24thStreet, Building#3
(916) 8085122 / [email protected]
The CONTRACTOR Representative for this Agreement is:
Robert Thompson dba Legacy Ranching
19100 Piper Lane
Penn Valley, CA 95946
(530) 7080590 /[email protected]
Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.
2. Scope of Services.Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.
3. Time of Performance.The Services described in this Contract shall be provided foran initial term from April 15, 2024 through December 31, 2024.The City may extend this Contract for up to [4] additional oneyear terms, for a maximum fiveyear term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 91 2020 Exhibit B Page 1
EXHIBIT B
PAYMENT
1. ContractorsCompensation.The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 531,375. The payments specified in this Exhibit B shall bethe only payments made to Contractor unless the City approves a Supplemental Contract.
2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.
3. ContractorsReimbursable Expenses.ReimbursableExpensesare limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.
4. Miscellaneous Charges.No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.
5. Payments to Contractor.Contractor is responsible for supplying all documentation necessary to verify invoices to theCityssatisfaction.
A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.
B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:
A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 958142608
C. All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITYscurrent Purchase Order Number
(3) ContractorsInvoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order (7) Contractorsremit address
Form Approved by City Attorney 91 2020 Exhibit B Page 2 (8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable) D. Items must be separatedinto Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting fromContractorsfailure to comply with the invoice format described above.
E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.
F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes theCitysright to inspect. Requests for payment status should be addressed to the City Representative for this Contract.
6. Additional Services.Additional Services shall be provided only when a SupplementalContract authorizing the Additional Services is approved in writing by the City in accordance with theCitys contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.
7. Accounting Records of Contractor.During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records ofContractorscosts for performance under this Contract and records of ContractorsReimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractorscompensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out ofContractors breach of this section.
9. Public Works Requirements. [To be completed by the City Representative:] The services provided under this Contract include[check one if applicable]:
________ Construction work in an amount exceeding $25,000; Form Approved by City Attorney 91 2020 Exhibit B Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, preconstruction, construction, or postconstruction phases of the project; or
____X____ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.
If any of the lines is checked above, this Contract includesPublic Workunder the California Labor Code and is subject to the following requirements:
A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations(DIR)in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work tofurnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding theCitysLabor Compliance Program should be directed to the City Representative.
B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor andall subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California 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 Section 4104of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found onDIRswebsite at http://www.dir.ca.gov/Public Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect theContractorsandsubcontractorsobligation to comply in all respects with all other applicable laws and regulations. The Contractor shall disseminate these provisions to all subcontractors.
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnishContractorsand anysubcontractorscurrent DIR registration number(s). TheContractorscurrent DIR registration number and the Form Approved by City Attorney 91 2020 Exhibit B Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
C. WorkersCompensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or subagreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 91 2020 Exhibit C Page 1
EXHIBIT C
INSURANCE
1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specifiedunder this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
2. General Liability Minimum Scope and Limits of Insurance Coverage.Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000)per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.
3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required providing coverage at least asbroad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, nonowned and/or hired autos as appropriate to the operations of the Contractor.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. ___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:
Contractorcertifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a Form Approved by City Attorney 91 2020 Exhibit C Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of notless than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non owned and/or hired autos as appropriate to the operations of theContractor.
4. Excess Insurance. The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or selfinsurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.
5. WorkersCompensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.)
_X_ WorkersCompensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore aWorkersCompensation waiver of subrogationin favor of the CITY is not required. ___ No WorkersCompensation insurance is required, and by signing this Contract, Contractor certifies as follows:
Contractorcertifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands thatWorkersCompensation with statutory limits andEmployersLiability Insurance with a limit of not less than one million dollars ($1,000,000) is required. TheWorkersCompensation policy will include a waiver of subrogation infavor of theCity.
6. Other Insurance Provisions.The policies must contain, or be endorsed to contain, the following provisions:
A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or selfinsurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.
B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.
C. Coverage shall state that Contractor's insurance applies separately to each insured Form Approved by City Attorney 91 2020 Exhibit C Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.
7. Acceptability of Insurance. Insurance must be placedwith insurers with a Bests' rating of not less than A:VI. Selfinsured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.
8. Verification of Coverage.
A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.
B. Contractor shall send all insurance certificates and endorsements, includingpolicy renewals, during the term of this Contract directly to:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer ofContract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 91 2020 Exhibit D Page 1
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor.
A. It is understood and agreed that Contractor (includingContractorsemployees) is an independent contractor and that no relationship of employeremployee exists between the parties hereto for any purpose whatsoever. Neither Contractor norContractors assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any ofContractorsemployees or by any third party, including any state or federal agency, that an employeremployee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.
B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to theCityscontrol and direction as to the designation of tasks to be performed and the resultsto be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractorssole discretion based on theContractorsdetermination that the use will promoteContractorsefficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the impliedcovenant of good faith and fair dealing.
C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor.
It is further understood and agreed that Contractor will issue W2 or 1099 Forms for income and employment tax purposes for allContractorsassigned personnel and subcontractors.
D. The provisions of this section will survive any expiration or termination of this Contract.
Nothing in this Contract creates an exclusive relationship between CITY and Contractor.
Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
Form Approved by City Attorney 91 2020 Exhibit D Page 2
2. Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.
3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent thatpartysperformance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. Contractor Not Agent.Except as City may specify in writing, Contractor andContractors personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor andContractorspersonnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
5. Conflicts of Interest.Contractor covenants that neither it, nor any officer or principalof its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the Citysinterests or that would in any way hinderContractorsperformance under this Contract.
Contractor further covenants that in the performance of this Contract, no person having any such interest willbe employed by it as an officer, employee, agent or subcontractor, without theCitys written consent.
Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with theCitysinterests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.
6. Hazardous Substances."Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipmentof Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.
7. Confidentiality of City Information.During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to asCity Information)that are valuable, special and unique assets of the City.
Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or Form Approved by City Attorney 91 2020 Exhibit D Page 3 communicate in any manner any City Information to any third party without theCitysprior written consent.
In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.
8. Contractor Information.
A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the terminformationmeans and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and eachof them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any thirdpartystrademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However,Citysfailure to provide notice within the tenday period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.
C. All proprietary and other information received from Contractor by City, whether received in connection withContractorsproposal to City or in connection withContractors performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any informationis set apart and clearly markedtrade secretwhen it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actualtrade secretdesignation of such information.
D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designatedtrade secretby Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
Form Approved by City Attorney 91 2020 Exhibit D Page 4
9. Notification of Material Changes in Business.Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the Cityof any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.
10. Standard of Performance.Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner ofContractorsprofession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing inContractors profession.
Contractor shall assign only competent personnel to perform on its behalf under this Contract.
Contractor must notify the City in writing of any changes inContractorsstaff assigned to perform under this Contract, before any performance by the new staff member. If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract isnot performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.
11. Performance or Different Terms and Conditions.The City's subsequent performance will not be construed as either acceptance of additional or different termsand conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.
12. Emergency/Declared Disaster Requirements.If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non emergency / nondisaster conditions.The pricing set forth in this Contract will apply, without markup, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption
13. Term; Suspension; Termination.
A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
B. City shall have the right at any time to suspendContractorsperformance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of Form Approved by City Attorney 91 2020 Exhibit D Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.
C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
14. Default by Contractor.In case of default by the Contractor, the City reserves theright to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.
15. Guarantee and Warranty.Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.
A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.
B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.
C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.
D. City's inspections, approval, acceptance, or payment for all or part of any Goods and Form Approved by City Attorney 91 2020 Exhibit D Page 6 Services will in no way affect City's warranty rights.
16. Indemnity.
A. Indemnity : Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by Citysstaff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to asLiabilities),including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lowertier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to theextent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lowertier subcontractors) or agent of Contractor.
B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any ofCitysrights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.
C. Survival. The provisions of this section will survive any expiration or termination of this Contract.
17. Funding Availability.
A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The Cityspayment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
18. Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself, Form Approved by City Attorney 91 2020 Exhibit D Page 7 its assignees and successors in interest, agrees as follows:
A. Compliance With Regulations: Contractor shall comply with all state, local, and federal antidiscrimination laws and regulations, including the Executive Order 11246 entitled EqualOpportunity in FederalEmployment,as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as theRegulations. B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractorsobligation under this Contract and the Regulations relative to nondiscrimination on the groundof race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.
F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect theCitysinterests.
Form Approved by City Attorney 91 2020 Exhibit D Page 8
19. Entire Agreement.This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.
20. Modification of Contract.The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.
21. Severability.If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
22. Waiver.Neither theCitysacceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision ofthis Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.
23. Governing Law.This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
24. Assignment Prohibited.The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment withoutCityswritten consent shall be void and of no effect.
25. Binding Effect.This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
26. Compliance with Laws.The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
Form Approved by City Attorney 91 2020 Exhibit D Page 9
27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a threeyear period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a threeyear period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default. (5) Has not been notified, within a threeyear period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.2095 of the Federal Acquisition Regulations.
B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federalor state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determiningContractorsresponsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the FederalGovernmentsSystem for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that theContractors warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
RFB# B24191311003 –
Form Revision Date 11/02/23 4
1. SCOPE OF SERVICES
1.1 V – O
1.2 Scope of Services
Contractor will provide annual sheep and/or goats for focused grazing to reduce fuel loads and manage vegetation in the following locations:
• Del Paso Regional Park, 3565 Auburn Blvd, Sacramento, CA 95821; estimated to be 130 acres • North Natomas Regional Park, 4989 Natomas Blvd, Sacramento, CA 95835; estimated to be 117 acres • North Laguna Creek Wildlife Area, 6400 Jacinto Ave, Sacramento, CA 95823; estimated to be 39 acres The addition of sites may be added to the Scope on an as-needed basis. City will request a quote for requested work to be approved by the Park Maintenance Division by issuance of a task order.
Minimum Performance Requirements:
• Goats and/or sheep only.
• All livestock must be contained by portable fences in grazing areas. Contractor may walk animals through unfenced areas between grazing areas.
• Contractor is responsible for all equipment, including fencing, and vehicles necessary to provide the vegetation control and manage the animals.
• The animals must be attended overnight by Contractor’s employees. • Dogs are permitted but must not interfere with park operations. • Contractor must provide water source for animals.
• All sites must be completed by July 1st.
Schedule of Services
Upon award of contract, contractor shall provide a schedule of work to be performed. If delayed for any reason, or a change is made to the schedule, contractor will report to City within 24 hours.
Award
The City of Sacramento reserves the right to award this contract to the lowest responsible Bidder whose total aggregate bid is most responsive to the needs of the City. An evaluation of the Bidder’s ability, quality and performance on previous or current contracts will be used in addition to total cost as a basis of award for any resultant contract.
Contract Period
Any contract(s) resulting from this bid shall be a one-year contract with 4 options for renewal; 5 years total.
ATTACHMENT 1 TO EXHIBIT A
RFB# B24191311003 –
Form Revision Date 11/02/23 5
Contract Extension
If mutually agreeable to both parties, any resultant contract may be extended on a year-to-year basis; however, in no case shall the renewal extend beyond 5 years from the date of award of the original contract.
For each year that the contract is extended, the total charge per item listed above may be increased in an amount not to exceed the following:
3% increase above previous year prices
*If annual increase in living wage exceeds the quoted amount for annual increases, the vendor will be allowed to increase rates to match the living wage increase.
The City uses the CPI for San Francisco to determine the allowable max increase. https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm Contract award will be based on the total bid amount for 5 years, including any proposed percentage increase(s) after the first year.
Additional Bid Requirements
Bidders must provide responses to the following items:
1. A price per acre for vegetation control services
2. Total herd size required per acre
2. Number and types of livestock under the Contractor’s control that would be available for this service:
a. Number of sheep or goats
b. Sheep or goat breed
c. Herding and/or Guard dogs
3. Types of temporary fencing
a. Include quantity and type of portable fencing to be used, i.e. electric netting or other, as well as type of charger to be used
4. Water Equipment
a. On-site water delivery methods, i.e. Truck, Tractor, tank size, etc.
Optional: Contractors are encouraged to submit with response:
1. A description of your experience managing animals for vegetation control and fire fuel reduction purposes.
2. A description of prior similar projects, including references with current contact information for each project.
ATTACHMENT 1 TO EXHIBIT B