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Exhibit B
Expenditures Strategy
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CITY OF VICTORVILLE
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2024/2025 – Fiscal Year 2028/2029
The City of Victorville has a carryover balance of $ 10,497,690.00, in the Measure I Local Street fund and anticipates approximately $7. 0 million in new revenue for FY24/25. In this next fiscal year, the City is planning to use approximately $ 3.1 million for street new construction, reconstruction, re habilitation and preservation capital projects. $3.5 million will be used for operations and maintenance. The remaining balance will be accumulated for planned future capital projects.
The City of Victorville’s Measure I Capital Improvement Expenditure Strategy balances expenditures between different categories of projects based on the City’s needs. The project categories include the following: new construction; reconstruction and rehabilitation; maintenance; preliminary engineering and environmental studies; right of way acquisition ; and final design. Also included are categorical expenditures for maintenance of roads, traffic controls , traffic signals , traffic engineering and the purchase of vehicles or equipment for street related purposes.
New construction may incorporate a complete streets approach to include widening existing roads and bridges, construction of bikeways, curbs, sidewalks, curb ramps and new traffic signals as an integral part of the street system . Reconstruction and rehabilitation can include bridge improvements, removing and replacing pavement sections and non- ADA compliant curb ramps and drive approaches , asphalt-concrete overlays of one inch or more in thickness or various other methods , including re-striping for bike lanes. Preservation or maintenance of roads can include overlays less than one inch, cape seals and slurry seals. Traffic control includes the maintenance and operation of signing and striping including sign and marking replacements and new signs and markings. Traffic signal maintenance includes operations and maintenance for traffic signals and various equipment replacements or upgrades. Traffic engineering encompasses all traffic engineering activities.
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Item Number: 31
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Purchase of a Vactor 2115-18 Combo Sewer Cleaner
Recommendation:
That the Honorable City Council award Haaker Equipment Company, as the authorized distributor, the piggyback purchase of a Vactor 2115-18 Combo Sewer Cleaner for an amount not to exceed $744,676.50, under Sourcewell Contract #101221-VTR.
Fiscal Impact:
Funds for this expenditure have been appropriated in the Sanitary/Sewer Fund 425 as budgeted in the FY 2024/25 Capital Improvement Project (CIP) budget under account code 4250700-55045-70755. The amount, including delivery, is $744,676.50. The budgeted amount for this project is $800,000.
Strategic Plan Goal:
Goal E – Invest in Infrastructure: Ensuring our community’s wellbeing and sustaining a healthy and livable community by investing in the necessary resources to maintain and improve the City’s infrastructure. The purchase of a Vactor Combo Sewer Cleaner (Vactor) will enhance our ability to effectively clean and maintain the City’s sewer systems, ensuring efficient waste management and reducing the potential for blockages and overflows.
Background:
Public Works staff are responsible for maintaining the City's sewer collection infrastructure, which includes routine operations and maintenance activities. This also involves servicing drainage infrastructure. The proposed Vactor will replace a 2009 Vactor that has been utilized for daily operations over the past fifteen years, and has become increasingly unreliable due to its age, with frequent breakdowns and costly repairs that hinder staff’s ability to maintain the sewer systems efficiently. The new Vactor will 909
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enhance staff’s capability to effectively perform these essential tasks and ensure the reliability of maintenance operations for the City’s sewer systems.
In accordance with the City’s latest Sewer System Management Plan (SSMP), the City is required to provide routine maintenance of the sewer collection system to help reduce the potential for blockages and overflows. The City has approximately 437 miles of sewer mains and approximately 121 miles of sewer laterals (27,749 connections), in addition to approximately 622 catch basins, drainage pipes, and parkway drains. Due to the wide range of sewer mains, sewer laterals, catch basins, drainage pipes and parkway drains located throughout the City, it is imperative for the department to have reliable equipment to adequately operate and maintain these systems, and respond to emergency needs.
Discussion:
The proposed Vactor will be utilized by the Sanitary/Sewer Division of Public Works to perform routine operations and maintenance activities. The purchase of this new Vactor unit will help ensure that staff have reliable and operational equipment to support daily operations and maintenance activities, as well as emergency response needs. This new equipment will also increase efficiency with its advanced technology, allowing for faster and more efficient cleaning and maintenance of the sewer systems, which will increase productivity.
The new Vactor unit will be diesel powered. The lead time for Vactors equipped with diesel engines is 3-6 months, and the lead time for those equipped with CNG engines is 18-24 months. Vactors equipped with CNG engines costs $90,000 more compared to those equipped with diesel engines. Additionally, CNG equipped vehicles are not recognized by the California Air Resource Board (CARB) as zero emission vehicles and therefore do not assist us in our Advanced Clean Fleet (ACF) compliance requirements.
The Vactor falls into the ZEV Milestone Group 3, and the earliest compliance of this group is 10% by 2030 and 100% to be zero emission by 2042.
Per the City’s Municipal Code § 2.28.120, Purchasing of Supplies and Equipment through Cooperative Purchasing Agreements, the City may utilize various cooperative purchasing programs to take advantage of volume pricing through Sourcewell. Sourcewell is a public agency that serves as a member-focused cooperative and offers a multitude of cooperatively contracted specialized products and equipment to government entities that cannot be procured from local dealers.
Sourewell’s cooperative contract purchasing leverages the national purchasing power of more than 50,000 member agencies, while also streamlining the required procurement process. As a municipal national contracting agency, Sourcewell establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Joint Power law enables members to legally purchase through awarded contracts.
Sourcewell offers its members contract purchasing solutions that are leveraged nationally to enable contracted suppliers and member agencies to work smarter and more efficiently 910
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as they do business with each other. Sourcewell does this by establishing a business service alliance between member buyers and contracted suppliers, ensuring a valued and successful national cooperative contract program. The City has utilized the Sourcewell program over the last several years and is extremely satisfied with the results.
The piggyback of the Sourcewell contract fulfills the City’s legal obligations of competitive bidding requirements, thus providing significant savings. Public Works staff, Fleet Maintenance Division, reviewed the specification requirements and quote submitted, and have confirmed that the quote from Haaker Equipment Company meets or exceeds the minimum specification requirements.
Accordingly, staff recommends that the City Council approve the award to Haaker Equipment Company for the piggyback purchase of a Vactor Combo Sewer Cleaner in the amount of $744,676.50.
Staff remains available for any questions the City Council may have.
Attachments: A. Quote from Haaker Equipment Company
B. Sourcewell/NJPA Certificate of Membership
C. Memo & Resolution - NJPA Name Change to Sourcewell
D. Sourcewell Contract #101221-VTR
E. Photo of Vactor
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ATTACHMENT A
Quote from Haaker Equipment Company
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2070 North White Avenue, La Verne, California 91750
(909) 598-2706 ~ haaker.com
QUOTE
JULY 30, 2024
TO: CITY OF VICTORVILLE ATTN: MR. SPARKY KALE
14177 MCART ROAD 760-713-2285
VICTORVILLE, CA 92392 EMAIL: [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the Sourcewell Cooperative Purchasing Agreement - Contract #101221-VTR.
ONE (1) NEW VACTOR 2115-18” COMBO SEWER CLEANER
15-Cubic Yard Capacity With 18” Vacuum, 1500 Gallons Of Water, Mounted On A 2025 Freightliner 6x4 Chassis, With Allison Automatic Transmission.
Equipped With All Standard And Optional Equipment Listed:
STANDARD EQUIPMENT:
ALUMINUM FENDERS
MUD FLAPS
COLOR CODED SEALED
ELECTRICAL SYSTEM
INTUITOUCH ELECTRONIC
PACKAGE
DOUBLE ACTING HOIST
CYLINDER
HANDGUN ASSEMBLY
EX-TEN STEEL CYLINDRICAL
DEBRIS TANK
FLEXIBLE HOSE GUIDE
(3) NOZZLES WITH CARBIDE
INSERTS W/RACK
SUCTION TUBE STORAGE
1" NOZZLE PIPE
10' LEADER HOSE
FLAT REAR DOOR
W/HYDRAULIC LOCKS
DUAL STAINLESS STEEL FLOAT
SHUT OFF SYSTEM
MICRO STRAINER PRIOR TO
BLOWER
DEBRIS BODY VACUUM RELIEF
SYSTEM
DEBRIS DEFLECTOR PLATE
60" DUMP HEIGHT
DEBRIS BODY-UP MESSAGE AND
ALARM
LOW WATER INDICATOR ON
SCREEN W/ALARM AND WATER
PUMP FLOW INDICATOR
3" Y -STRAINER AT PASSENGER
SIDE FILL WITH 25' FILL HOSE
ADDITIONAL WATER TANK
SIGHT GAUGE
LIQUID FLOAT LEVEL
INDICATOR
DIGITAL WATER PRESSURE
GAUGE
FRONT JOYSTICK BOOM
CONTROL
BOOM HOSE STORAGE
BOOM OUT OF POSITION
MESSAGE AND ALARM
3"Y -STRAINER @ WATER PUMP
MIDSHIP HANDGUN COUPLING
CHASSIS ENGINE COOLING
PACKAGE
SIDE MOUNTED WATER PUMP
DIGITAL HOSE FOOTAGE
COUNTER
HOSE REEL MANUAL HYD.
EXTEND/RETRACT
HOSE REEL CHAIN COVER
HYDRAULIC TANK SHUTOFF
VALVES
TACHOMETER/CHASSIS ENGINE
W/HOUR METER
WATER PUMP HOUR METER
PTO HOUR METER
HYDRAULIC OIL TEMP ALARM
TACHOMETER & HOUR
METER/BLOWER
CIRCUIT BREAKERS
LED LIGHTS- CLEARANCE- BACK-
UP- STOP- TAIL & TURN
TOW HOOKS- FRONT AND REAR
ELECTRONIC BACK-UP ALARM
MODULE PAINT- DUPONT
IMRON ELITE - WET ON WET
7" VACUUM PIPE PACKAGE
EMERGENCY FLARE KIT
FIRE EXTINGUISHER 5 LBS.
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OPTIONAL EQUIPMENT:
GRATE LIFTING HOOK- INSTALLED ON
BOOM
BELLYPACK WIRELESS CONTROLS WITH
HOSE REEL CONTROLS- 2-WAY
COMMUNICATIONS- AND LCD DISPLAY
ROTATABLE BOOM INLET HOSE
180 DEG. 10' X 15' RAPID DEPLOYMENT
BOOM
HEAVY DUTY RDB HOSE
RDB WASHOUT COUPLING
FIXED REAR DOOR PIPE RACK -7" PIPE
"SUBFRAME MOUNTED -2 PIPE RACK -7"
DEBRIS BODY WASHOUT
S.S FLOAT BALL CAGE FOR FLOAT SHUT
OFF SYSTEM
PUMP OFF PORTS ONLY
CENTRIFUGAL SEPARATORS (CYCLONES)
FOLDING PIPE RACK - STREETSIDE -7" PIPE
FOLDING PIPE RACK - CURBSIDE -7" PIPE
REAR DOOR SPLASH SHIELD
LUBE MANIFOLD, WITH LUBE CHART
DEBRIS BODY INSPECTION PORT
W/LADDER
DIGITAL DEBRIS BODY LEVEL INDICATOR
TIED TO VACUUM RELIEF
ANTI SPLASH VALVE- BODY INLET
CYCLONE WASHOUT SYSTEM
FRONT BLOWER CONTROLS
BLOWER HIGH TEMP SAFETY SHUTDOWN
FINAL FILTER AND SILENCER BALL VALVE
DRAINS
6" REAR DOOR KNIFE VALVE W/CAMLOCK -
AIR ACTUATED - 3:00 POSITION
6" REAR DOOR KNIFE VALVE W/CAMLOCK -
AIR ACTUATED W/PORT -6:00 POSITION
FULL REAR DOOR SWINGING SCREEN
FLAT REAR DOOR PORTS
800' X 1" PIRANHA SEWER HOSE2500 PSI
IN LIEU OF STD
RODDER HOSE PINCH ROLLER
ADDITIONAL HOSE FOOTAGE COUNTER,
REAR OF HOSE REEL
HIGH PRESSURE HOSE REEL
"HYDRAULIC EXTENDING 15" - ROTATING
HOSE REEL - 1" X 1000' CAPACITY
HOSE WIND GUIDE (DUAL ROLLER)- AUTO-
INDEXING
LAVAL WATER SEPARATOR AT FILL
ADDITIONAL WATER- 1500 GAL TOTAL
DIGITAL WATER LEVEL INDICATOR
HANDGUN COUPLERS- FRONT AND REAR
SAFETY CONE STORAGE RACK - POST
STYLE
ADDITIONAL SAFETY CONE STORAGE RACK
- POST STYLE
WATER COOLER STORAGE RACK
CORDED- HAND LIGHT W/BUMPER PLUG
WIRELESS- WATERPROOF-
RECHARGEABLE- HANDHELD- LED SPOT
LIGHT W/12V CHARGER
ADDITIONAL CORDED HAND LIGHT
CONNECTOR- REAR
LED MID-SHIP TURN SIGNALS
WORK LIGHTS (2), SELF-LEVELING BOOM
LED
WORK LIGHTS (2)- LED- REAR DOOR
WORK LIGHT- LED- OPERATORS STATION
WORK LIGHT- LED- HOSE REEL MANHOLE
WORK LIGHT- LED- CURB SIDE
WORK LIGHT- LED- STREET SIDE
CAMERA SYSTEM- FRONT- REAR AND BOTH
SIDES
DOOR STRIPE MATERIAL- REFLECTIVE TAPE
OPERATOR STATION CURBSIDE TOOLBOX -
WITH LIGHTING
REMOTE PENDANT CONTROL WITH CORD
FRONT HOSE REEL TOOL STORAGE
TOOLBOX- FRONT BUMPER MOUNTED- 16 X
12 X 18 W/(2) LED SIDE MARKERS
LONG HANDLE TOOL STORAGE
TOOLBOX- BEHIND CAB - 16W 30H X 96D -
WITH LIGHTING
TOOLBOX- DRIVER SIDE CHASSIS FRAME-
24W X 24H X 24D - WITH LIGHTING
TOOLBOX- PASSENGER SIDE CHASSIS FRAME-
30W X 18H X 24D - WITH LIGHTING
TOOLBOX- DRIVER SIDE SUBFRAME- 18W X
24H X 24D - WITH LIGHTING
RODDER SYSTEM ACCUMULATOR - JACK
HAMMER ON/OFF CONTROL AT HOSE REEL
ADDITIONAL RODDER SYSTEM
ACCUMULATOR (MANUAL OPERATION)
HYDRO EXCAVATION KIT - INCLUDES LANCES
W/ SHIELD- NOZZLES- STORAGE TRAY- AND
VACUUM TUBE
RODDER PUMP DRAIN VALVES
80 GPM/2500 PSI JET RODDER PUMP
EXTENDED FACTORY WARRANTY - 3YRS
LIGHT PACKAGE: LIGHT BAR, (6) STROBES, (1)
NATIONAL SIGNAL 36” X 72” LED
FACTORY TRIP
UNIT PRICE: ................................ ................................ ................................ ........... $ 698,237.00 SOURCEWELL DISCOUNT: ................................................................................... (-$ 13,477.00) SOURCEWELL SUBTOTAL: ................................ ................................ .............. $ 684,760.00 SALES TAX (8.750%) ................................ ................................ .......................... $ 59,916.50
TOTAL PRICE F.O.B, VICTORVILLE, CA..: ......................................... $ 744,676.50
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO
WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good until 45 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: TBD – Depending on PO TERMS: Net 30
We appreciate the opportunity to present this proposal and look forward to being of further and continued service.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: George Lopez DATE:
GEORGE LOPEZ
SALES REPRESENTATIVE
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ATTACHMENT B
Sourcewell/NJPA Certificate of Membership
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ATTACHMENT C
Memo & Resolution – NJPA Name Change to Sourcewell
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ATTACHMENT D
Sourcewell Contract #101221-VTR
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101221-VTR
Rev. 3/2021 1
Solicitation Number: RFP #101221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vactor Manufacturing, a division of Federal Signal, 1621 South Illinois St., Streator, IL 61364 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Vactor Manufacturing,
a division of Federal Signal
By: __________________________ By: __________________________ Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Ti tle: Business Development Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Item Number: 32
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Purchase of a John Deere Skip Loader
Recommendation:
That the Honorable City Council award RDO Equipment Co., as the authorized distributor, the piggyback purchase of a John Deere Skip Loader for an amount not to exceed $172,963.75 including delivery/shipping, under Sourcewell Contract #011723-JDC.
Fiscal Impact:
Funding for this expenditure have been appropriated in the budget for Fiscal Year 2024/25 in the following funds:
Fund Name Fund Number Account String Budgeted Amount
Storm Drain 202 2025060-55040-70762 $61,667.00
Assessment Districts 370 3705530-55040-70762 $61,667.00 Sewer 425 4250700-55040-70762 $61,667.00
Total $185,001.00
Remaining Funds $12,037.25
There are sufficient funds available to cover this purchase.
Strategic Plan Goal:
Goal E – Invest in Infrastructure: Ensuring our community’s wellbeing and sustaining a healthy and livable community by investing in the necessary resources to maintain and improve the City’s infrastructure. The purchase of the John Deere Skip Loader will enhance our ability to maintain City streets and assessment districts, and respond effectively to sewer trench repairs, shoulder maintenance, and storm duty needs. 955
3 7
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Background:
Public Works staff are responsible for maintaining the City's infrastructure, which includes repairs and maintenance of City streets, sewer systems, and assessment district areas/infrastructure; and responding to storm-related damages. To effectively carry out these duties, it is crucial for the department to have reliable and up-to-date equipment.
Recognizing the need for improved efficiency and versatility, the addition of the John Deere Skip Loader to our fleet will significantly enhance our operational capabilities.
The new skip loader will perform a variety of tasks, improving our efficiency in several key areas:
• Weed Abatement in Assessment Districts: The skip loader will streamline weed control operations, ensuring that Assessment Districts are consistently well- maintained. This is crucial in areas where overgrown vegetation can impede drainage and create hazards.
• Grading Shoulders: The skip loader excels in maneuvering through tight areas and around corners where our current motor grader encounters difficulties, thereby enhancing our efficiency in maintaining road and shoulders. This is essential for preventing erosion and maintaining safe road conditions. • Storm Duty: The skip loader’s advanced capabilities will greatly improve our storm response tasks. It will improve our efficiency in scraping and sweeping roads after storm events, reducing the time required to clear roads and ensuring safer travel conditions.
The John Deere Skip Loader will complement our existing fleet, providing additional support where current equipment falls short. The skip loader was chosen due to its versatility and efficiency in performing a wider range of tasks crucial to our operations. It offers better maneuverability in tight spaces and around corners, which is vital for shoulder grading and storm related responses. The decision to add this specific piece of equipment was made after a thorough assessment of our operational needs and the benefits it would bring to our maintenance activities.
Discussion:
The proposed skip loader will be utilized by the Sanitary/Sewer, Storm Drain, and Drainage Facility Assessment District (DFAD) Divisions of Public Works to perform routine operations and maintenance activities, including shoulder grading, sewer trench repairs, weed abatement, and storm duty needs.
The purchase of this new skip loader will help ensure that staff has reliable and operable equipment to support daily operations and maintenance activities, as well as emergency response needs. Enhanced service reliability will lead to improved sanitation, better stormwater management, and less traffic disruption during street repairs. This piece of equipment will be a great addition and improve the department’s ability to quickly respond to storm-related street closures. The modern technology of the new skip loader ensures lower emissions, reducing the department’s carbon footprint. 956
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Per the Victorville Municipal Code (VMC) § 2.28.100, purchasing of supplies and equipment in excess of fifty thousand dollars can be made through a variety of options, one of those options being though a Cooperative Purchasing Agreement, VMC
2.28.100(b)(3). Thus, VMC § 2.28.120 outlines the purchase of supplies and equipment through Cooperative Purchasing Agreements, is an allowable procurement process to take advantage of volume pricing through Sourcewell. Sourcewell is a public agency that serves as a member-focused cooperative and offers a multitude of cooperatively contracted specialized products and equipment to government entities that cannot be procured from local dealers.
Sourewell’s cooperative contract purchasing leverages the national purchasing power of more than 50,000 member agencies while also streamlining the required purchasing process. As a municipal national contracting agency, Sourcewell establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Joint Power law enables members to legally purchase through awarded contracts.
Sourcewell offers its members contract purchasing solutions that are leveraged nationally to enable contracted suppliers and member agencies to work smarter and more efficiently as they do business with each other. Sourcewell does this by establishing a business service alliance between member buyers and contracted suppliers, ensuring a valued and successful national cooperative contract program. The City has utilized the Sourcewell program over the last several years and is extremely satisfied with the results.
The piggyback of the Sourcewell contract fulfills the City’s legal obligations of competitive bidding requirements, thus providing significant savings. Public Works staff in the Fleet Maintenance Division have reviewed the specification requirements and quote submitted, and have confirmed that the quote from RDO Equipment Co. meets or exceeds the minimum specification requirements.
Accordingly, staff recommends that the City Council approve the award to RDO Equipment Co. for the piggyback purchase of a John Deere Skip Loader in the amount of $172,963.75.
Staff remains available for any questions the City Council may have.
Attachments: A. Quote from RDO Equipment Co.
B. Sourcewell/NJPA Certificate of Membership
C. Memo & Resolution - NJPA Name Change to Sourcewell
D. Sourcewell Contract #011723-JDC
E. Photo of Equipment
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ATTACHMENT A
Quote from RDO Equipment Co.
958
Investment Proposal (Quote)
RDO Equipment Co.
20 Iowa Avenue
Riverside CA, 92507
Phone: (951) 778-3700 - Fax: (951) 778-3746
Proposal for:
CITY OF VICTORVILLE
PO BOX 5001
VICTORVILLE, CA, 923935001
SAN BERNARDINO
Investment Proposal Date:
Pricing Valid Until:
Deal Number:
Customer Account#:
Sales Professional:
Phone:
Fax:
Email:
2/24/2024
8/31/2024
1747779
5000030
Mark Skye
(951) 778-3700
[email protected]
Comments
John Deere Sourcewell Contract #011723-JDC
Equipment Information
Quantity Serial Number
Stock Number
Hours
(approx.)
Status / Year / Make / Model
Additional Items
Cash Price
1 TBD
TBD
0 New 2024 JOHN DEERE 210P $218,385.00
Customer Discount Sourcewell Discount 39% ($80,919.15)
1 TBD
TBD
0 New 2024 PALADIN BRANDS(ATI,BRADCO,MCMILLEN,THE
22197MH
$19,928.75
1 TBD
TBD
0 New 2024 PALADIN BRANDS(ATI,BRADCO,MCMILLEN,THE QC E-
SERIES MOUNTING PLATE
$1,652.53
Equipment Subtotal: $159,047.13
Purchase Order Totals
Balance: $159,047.13
CA STATE TAX: $9,542.83
CA COUNTY TAX: $397.62
CA CITY TAX: $1,590.47
CA SPECIAL TAX: $2,385.70
Sales Tax Total: $13,916.62
Sub Total: $172,963.75
Cash with Order: $0.00
Balance Due: $172,963.75
D1747779 Page 1 of
2 959
Equipment Options
Qty Serial Number Year / Make / Model Description
1 TBD 2024 JOHN DEERE 210P 17J0T 210 P-tier Tractor Loader 0202 United States
0259 English
1004 Ultimate Cab
1053 Seat - Suspension Cloth Enhanced with Tilt Steering for Cab 8159 Machine Security (Software Installed)
8283 Hand Throttle
183E JDLink™
3006 Powershift Transmission - Mechanical Front Wheel Drive (MFWD) with Open Differential
6153 Dual Battery
6522 Dual Tilt Cylinders
8272 Rear Weight - 1,500 lb.
8273 Wheel Weights
7041 Three-Function Loader Hydraulics, Single Lever with Coupler and EH Control
7851 Less Loader Coupler Bucket
8274 84 in. (2.13 m.) Box Blade
8282 Single Position Drawbar
8115 MFWD Driveshaft Guard
8284 Transmission Guard
8126 Heavy Duty Grille Frame
BYT12637 Kit, Loader Coupler, Hydraulic
BYT10707 86 in (2.18 m) Multi-Purpose Coupler Bucket, 1.22 cu. yd. (0.93 cu. m.)
1 TBD 2024 PALADIN
BRANDS(ATI,BRADCO,MCMILLEN,T
HE 22197MH
22197MH Paladin (Sweepster) 8ft Hydraulic Angle Broom w. 32" Diameter Poly/Wire 50/50 Bristles (20-36GPM)
*Includes 91" hoses w/o QD's.
8FT M 32 DL 17.1CI HYD 12V W/LA SWG
1 TBD 2024 PALADIN
BRANDS(ATI,BRADCO,MCMILLEN,T
HE QC E-SERIES MOUNTING PLATE
LAF1661-0869 Broom Mount (E-Series)
WELD MTG LA/LCH F/JRB E-SERIES W/HOLE
D1747779 Page 2 of
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ATTACHMENT B
Sourcewell/NJPA Certificate of Membership
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ATTACHMENT C
Memo & Resolution – NJPA Name Change to Sourcewell
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ATTACHMENT D
Sourcewell Contract #011723-JDC
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ATTACHMENT E
Equipment Photo
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Item Number: 33
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Robert Clemmer, Fire Chief
Subject:
Purchase of Three Gurneys and Related Equipment for the Transport Capable Squads Recommendation:
That the Honorable City Council:
(1) Determine Stryker as a Sole Source;
(2) Approve the purchase of three gurneys and equipment for the transport capable squads in the amount of $181,529.28; and
(3) Authorize the City Manager, or his designee, to execute all purchasing documentation.
Fiscal Impact:
The purchase of the gurneys and related equipment was included in the 2024-2025 Fiscal Year budget under Measure P account no. 1052010-55040-96140 – Stryker Gurneys. No additional appropriations are needed.
Strategic Plan Goal:
This item aligns with Goal B – Public Safety, Strategy 6 - Expand Emergency Medical Services response capabilities. This equipment will support the transport capable squads which will be utilized as an EMS system augment to support CONFIRE improving patient care and response times.
Background:
During the September 19, 2023, City Council meeting, the City Council approved the purchase of three transport capable squads from Frazer. The squads are currently being built and have an estimated delivery date of late November 2024. Frazer is ready to start receiving the gurneys and related equipment for installation. 1001
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Discussion:
The Fire Department is seeking approval for the purchase of three gurneys and emergency patient transport equipment from Stryker. Stryker offers a wide variety of medical equipment with advanced technology. The gurneys and system offered by Stryker that the department would like to purchase are known as Power-PRO and Power- LOAD. The Power-PRO feature means the gurney can be automatically operated by the push of a button. The automation will assist with lifting through a hydraulic assembly with load-sensing capabilities. In addition, it has lights and reflectors for low lighting environment, and bumper detection technology that help reduce cot damage, and patient and staff injuries. Most importantly, it helps reduce the risk of injury for personnel and patients that can be caused by manually lifting and lowering gurneys. The Power-LOAD feature is a cot fastener installed in the transport capable squad that assists by automatically loading and unloading the gurney into the vehicle. This improves the operator and patient safety, helps reduce the risk of patient drops, and meets dynamic crash test standards for maximized occupant safety. This purchase from Stryker includes three Power-Pro gurneys and two Power-Load stretcher fastener systems. Once the transport capable squads are placed into service, staff will analyze the frequency of use of the gurneys and will determine if a third Power-Load system is needed.
Stryker currently has a four-week turnaround time for delivery. If approved and purchased, Stryker will be able to ship the Power-PRO gurneys and Power-LOAD equipment directly to Frazer for installation. If those deadlines are met, the transport capable squads will be ready to go into service upon their expected delivery date of late November 2024. Stryker is considered a sole source as they are the only vendors that offer an automated gurney model such as Power-LOAD (Attachment B). Per the City’s Municipal Code section 2.28.100(b)(2), a sole source is an exception from the bidding procurement if the City Council determines it is in fact a sole source. Therefore, staff recommends that Honorable City Council determine Stryker as a Sole Source and approve the purchase of the three gurneys and related equipment for the transport capable squads in the amount not to exceed of $181,529.28.
Staff remain available to answer any questions the Council may have.
Attachments: A. Stryker Quote
B. Sole Source
1002
Attachment A
Stryker Quote
1003
Quote Summary
Deliver
y Address
Sold T
o - Shipping
Bill T
o Account
Name:
FRAZER L
TD
Name:
CITY OF VICT
ORVILLE FIRE
DEPT
Name:
CITY OF VICT
ORVILLE FIRE
DEPT
Account #:
20061521
Account #:
20128123
Account #:
20128123
Address:
7227 RAMP
ART ST
Address:
14343 CIVIC DR
Address:
14343 CIVIC DR
HOUST
ON
VICT
ORVILLE
VICT
ORVILLE
T
exas 77081-6403
Calif
ornia 92392-2303
Calif
ornia 92392-2303
Equipment Pr
oducts:
#
Pr
oduct
Description
U/M
Qty
Sell Price
T
otal
1.0 639005550001
MTS PO
WER LOAD
PCE
2 $30,919.50
$61,839.00
2.0 650705550001
6507 PO
WER PRO 2, HIGH CONFIG
PCE
3 $32,026.40
$96,079.20
3.0 650700450301
ASSEMBL
Y , BATTERY CHARGER
PCE
3 $1,342.46
$4,027.38
4.0 650707000002
KIT
, ALVARIUM BATTERY , SERVICE
PCE
3 $938.26
$2,814.78
5.0 650700450102
ASSEMBL
Y , POWER CORD, NORTH AM
PCE
3 $30.96
$92.88
Equipment T
otal:
$164,853.24
Price T
otals:
Estimated Sales T
ax (8.750%):
$14,424.66
F
reight/Shipping:
$2,251.38
Grand T
otal:
$181,529.28
Comments/T
erms/Signatures
Pr
ices: In effect for 30 da
ys
T
erms: Net 30 Days
Power System
Quote Number:
10954343
Remit to:
Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version:
1 Prepared For:
CITY OF VICTORVILLE FIRE DEPT
Rep:
David Gandara
Attn:
Email:
Phone Number:
Quote Date:
08/07/2024
Expiration Date:
11/05/2024
1 Stryk
er Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago , IL 60673-3308 1004
T
erms and Conditions:
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation appr
oval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our r
eview process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any thir
d party the terms of this quote or any other information, including any pricing or discounts, offered to be pr ovided by Stryk
er to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful or
der of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techw
eb.stryker.com/Terms_Conditions/index.html.
Power System
Quote Number:
10954343
Remit to:
Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version:
1 Prepared For:
CITY OF VICTORVILLE FIRE DEPT
Rep:
David Gandara
Attn:
Email:
Phone Number:
Quote Date:
08/07/2024
Expiration Date:
11/05/2024
2 Stryk
er Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago , IL 60673-3308 1005
Attachment B
Sole Source
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Item Number: 34
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Purchase of 94 Midmark above floor animal kennels from MWI Animal Health for the City of Victorville Animal Care and Adoption Center planned for 16648 E Street Recommendation:
That the Honorable City Council approve the purchase of 94 Midmark above floor animal kennels from MWI Animal Health in the amount not to exceed $358,480.72.
Fiscal Impact:
This action will result in a fiscal impact of $358,480.72. Measure P funding for this purchase, and other items related to the conversion of the Goodwill High School into a City Animal Shelter, was included in the Fiscal Year 2024-2025 Capital Improvement Project budget as Animal Shelter Contract Services, Account No. 1055203-55060-45034.
No additional appropriations are needed.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal B, Public Safety – Implement public safety strategies to support a growing and safe community. The benefit of this purchase will provide the Animal Care and Control Division with specialized animal shelter equipment to safely, adequately, and humanely shelter stray and relinquished animals, provide an opportunity for the animals to be adopted, and the ability to utilize existing buildings to easily install commercial-grade kennels to support animal shelter operations.
Background:
The Animal Care and Control Division is responsible for the regulation and control of animals within the City of Victorville. The care and management of animals includes the need to appropriately and humanely shelter animals. In early April 2023, the City of Victorville received a 30-day notice from its longtime animal shelter partner, the Victor Valley Animal Protection League, informing the City that it would cease operations, thereby discontinuing the sheltering of City of Victorville animals transported by City 1009
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Animal Care and Control staff or its residents. In May 2023, the Animal Care and Control Division immediately formed an emergency animal shelter and animal adoption operation located at the City’s equipment yard off Palmdale Road and the City’s Animal Care and Control office located on Amargosa Road. The emergency shelter operation consists of 80 large residential use kennels purchased at local retailers. In addition, the City proceeded to purchase 12 galvanized steel, 3 inch caster raised kennels to be used at our temporary adoption area.
Concurrently, the City began to search for a long-term animal shelter solution. In December 2023, the City identified a viable animal shelter site and entered into a lease agreement with the Victor Valley Union High School District to lease the unutilized the former Goodwill High School campus located at 16648 E Street. In January 2024, City staff began the process to prepare site layout plans to convert the vacant school site into an animal shelter. This process included identifying the appropriate alternations needed within existing buildings, as well as beginning to plan for future expansion in the coming years. Assessments and alterations to the site have already started, such as abatement of lead and asbestos materials, soil reports, and assessments of site air conditioning systems and accessibility requirements.
The unique approach to convert a school site into an animal shelter required City staff to consider use of specialized equipment for shelter animals within modular classrooms and concrete foundation classrooms. As such, the use of specialized equipment includes the use of above floor animal kennel systems designed to be used in areas where floor drainage is not feasible, as shown in Attachment C. In March 2024, in preparation for an initial animal shelter and adoption operations at the E Street location, City staff proceeded with an initial purchase (Attachment F) of 29 Midmark above floor animal kennel systems from MWI Animal Health. MWI Animal Health is a vendor that specializes in the supply of animal shelter and humane equipment. The initial use of the 29 kennels would allow for initial operations in classrooms with a concrete foundation upon completion of rehabilitation work.
Considering the length of time to complete site work improvements and planning for future expansion, City staff focused efforts on utilizing modular classrooms that are already in existence and the use of more above floor animal kennel systems within these buildings.
In coordination with the City’s Facilities Division and Building Department staff, the approach towards utilizing above floor kennel systems was carefully evaluated to ensure adequate use and that there was available plumbing infrastructure near the buildings.
Discussion:
Pending the purchase of the requested kennels and the completion of various site and building improvements, staff anticipates that operations at the Animal Care and Adoption Center at the E Street site will be initiated before the end of the calendar year. This initial operation will directly benefit City residents by increasing kennel capacity. There will be an increase of 55 kennels which totals 135 canine kennels to provide added animal shelter capacity. With respect to the City's feline shelter population, the City currently has 1010
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adequate feline shelter equipment to support our initial operation. Site pictures and site layout plans are included as Attachment E.
The conversion of the school site requires the use of specialized animal kennel equipment. Animal shelter equipment is a limited and unique market. City staff identified MWI Animal Health as a suitable supplier, located in the Midwest of the United States.
The company specializes in commercial and industrial animal shelter and humane equipment to support both animal shelters and veterinarians nationwide. MWI Animal Health owns a variety of quality animal shelter brands, such as Midmark, Shoreline and Mason, all of which manufacture industry standard and industry leading animal kennel and animal health equipment.
The City's goal to appropriately repurpose the modular and existing concreate foundation classrooms required us to consider the use of Midmark above floor kennel systems.
Above floor kennel systems allow for the installation of indoor kennels in spaces not normally constructed for housing of animals. The solid one-piece molded fiberglass base known as the Ultra-Base tub are available in two sizes, 4’x4’ and 4’x5’, and have a beveled side radius that extends 6 inches in height so there is no floor side seem to flex, crack, or leak overtime. The Ultra-Base attaches to stainless steel side panels and feature double pane glass doors for a water-tight seal and quality look and feel. The Ultra-Base tubs feature a slip resistant floor base engineered with an easy to clean special permanent texture and adjustable legs that allow for insulation on uneven floors. The Ultra-Base kennels provide water drainage through a 2 ½ inch floor drain and is plumbed in a series connecting to a sewer drain for adequate cleaning and sanitizing. Pictures of this kennel design are provided in Attachment C. Such a system is manufactured exclusively by Midmark and sold by MWI Animal Health.
In addition to the Ultra-Base kennels, the City intends to purchase and utilize Shoreline T-Quad kennel systems to shelter smaller animals – refer to pictures in Attachment D. T- Quad kennel systems are stainless steel construction and are double stacked for maximize space and they also have built in drainage systems that are similar to the Midmark above floor Ultra-Base kennel systems.
With assistance from Midmark staff, City staff identified that a total of 94 additional above floor kennel systems consisting of 70 Ultra-Base kennels and 12 double stack kennels (24 total) would be needed to support the objective of fully establishing the animal shelter at the E Street school site and demobilizing the temporary Amargosa Road and Palmdale Road operations. The quote for the Midmark above floor kennel systems is provided in attachment A. The above floor animal kennel systems would be assembled by City staff with costs for the 94 kennel units being as follows:
• 70 Midmark Above Floor Kennels: $262,862.10
• 8.75% Tax $ 22,999.56
• 12 Shoreline T- Quad Kennels $ 42,877.30
• 8.75% Tax $ 3,751.76
• TOTAL $332,480.72
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An estimated freight cost, not to exceed $26,000, has been added to the overall total.
Actual freight cost will be provided upon the issuance of a purchase order to the vendor.
Per Victorville Municipal Code Section 2.28.060 - City Manager Authority, the authority to approve this purchase is upon the Honorable City Council as the requested purchase exceeds the City Manager’s purchasing authority limit of $125,000 per single transaction.
Per Victorville Municipal Code Section 2.28.100, purchases of general services or supplies and equipment with an estimated cost in excess of $50,000, exceptions to the bidding procedures under this section maybe applied when it is determined that such a procurement constitutes a sole source purchase. In accordance with Section 2.28.050, a sole source purchase means unique services and equipment that can be obtained from only one vendor or distributor authorized to sell the specific needed equipment and such equipment has singular characteristics for performance and capabilities. The sole source request form is provided in Attachment B. The above floor kennel systems are unique in design and available only through MWI Pet Health.
The 135 animal kennels will be installed within 7 existing school site buildings consisting of 4 modular buildings, an administrative building, and two large classrooms. Refer to Attachment E for site pictures and an aerial of the campus and building floorplans.
Accordingly, staff recommends that the City Council approve the purchase of 94 Midmark above floor animal kennel systems from MWI Animal Health in the amount not to exceed $358,480.72, which includes sales tax and estimated freight costs.
Staff remains available for any questions the City Council may have.
Attachments: A. Midmark Quote for 94 Above Floor Kennels B. Sole Source Request
C. Picture Above Floor Animal Kennel System
D. Picture of T-Quad Kennel System
E. Site Pictures, Aerial of Buildings and Building Floorplans F. April 2024 Purchase of Above Floor Kennels
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Item Number: 35
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Alex Jauregui, City Planner
Subject:
Respite Care Grant Agreement with Kaiser Foundation Hospitals to provide the City with funding for advancing the medical respite (recuperative care) ecosystem by improving service quality at the Wellness Center in the areas of client management, medical equipment, and transportation
Recommendation:
That the Honorable City Council adopt Resolution Nos. 24-078 and 24-079, thereby:
1) Accepting the Strengthening the Recuperative Care Ecosystem in the Inland Region Grant with the Kaiser Foundation Hospitals providing the City with $200,000.00 for advancing the medical respite (recuperative care) ecosystem; 2) Authorizing the City Manager to finalize all documents needed to execute the grant contract;
3) Authorizing the City Manager to make any necessary amendments to the contract as deemed necessary; and
4) Amending the annual budget for fiscal year 2024-2025 to reflect an additional appropriation in the amount of $200,000.00.
Fiscal Impact:
The proposed action will result in an increase of $200,000.00 in the City's budget in order to strengthen recuperative care provided in the community and address the needs of those experiencing homelessness in the City of Victorville that require medical respite (recuperative care). Upon the execution of the grant agreement, the subject grant will be awarded to the City in a lump sum, providing additional funds to help offset subscription costs of the City’s client management system (Lightning Step) as well as Wellness Center operation costs. The subject funding source will supplement other funding sources used at the Wellness Center (e.g. Homekey, PLHA, etc.) and assist in sustaining operations further into the future. Additionally, the subject grant has no matching requirement and administration of the grant, including the creation and analysis of associated data, will be 1101
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managed by the City’s existing Homelessness Solutions Staff, utilizing Lightning Step and the local Homeless Management Information System (HMIS).
Strategic Plan Goal:
The subject grant opportunity aligns with Goal D of the 2023-2026 Strategic Plan; specifically, strategies 3, 4, and 5, which state that in order to achieve the goal of reducing homelessness, the City should:
• Expand on the existing homelessness outreach network to effectively engage the homeless community in services;
• Evaluate the effectiveness of coordination of homelessness services; and • Strengthen collaboration with the County and other entities to identify new funding opportunities and expand partnerships for homelessness services.
Inasmuch as the proposed funding opportunity will allow the City to further implement the strategies noted above as well as address Goal A of the 2023-2026 Strategic Plan by identifying new funding sources to promote the City’s financial sustainability, acceptance of the subject grant would be in compliance with the City’s 2023-2026 Strategic Plan.
Background:
Grant History
On February 15, 2024, the City of Victorville received an invitation to apply for up to $200,000.00 for a Recuperative Care Grant and took steps to apply. On June 27, 2024, Kaiser approved the City’s grant application for $200,000.00, to be used to improve our Client Management System (CMS), provide medical equipment, and for transportation for our Wellness Center Recuperative Care clients.
Grant Purpose
This funding opportunity is intended to support the planning, implementation, and innovation in projects that recuperative care providers are preparing as part of their own on-going and strategic planning work. The subject grant is designed to develop best practices to be shared with others for continued improvement of the overall recuperative care ecosystem and those in other Kaiser Permanente regions.
The grant opportunity includes three funding areas: Planning Grants, Implementation Grants, and Innovation Grants. After review, City staff applied for $200,000.00 for an Implementation Grant to assist in obtaining and maintaining a Client Management System, improve service quality with respect to medical equipment, and to provide quality transportation.
Recuperative Care
Recuperative care (also known as medical respite) provides a safe space for homeless patients to recover from illness or injury after hospitalization, offering continued treatment 1102
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and access to essential services like primary care, behavioral health, and social support.
This approach aims to reduce hospital re-admissions, cut unnecessary spending, and can improve the success of finding permanent housing after the need for recuperative care has ceased. Symba Center currently manages these services at the Wellness Center, including medical, behavioral health, case management, and housing navigation.
Currently, Symba Center supports approximately 40 recuperative clients daily, highlighting the ongoing need for enhanced services to improve the medical respite ecosystem and better serve the community.
Proposed/Eligible Grant Uses
The Wellness Center’s wraparound services currently include a medical clinic for the City’s sheltered, unsheltered, and at-risk clients. With the subject grant award, funding for additional advanced medical equipment as well as enhanced patient care can be achieved and assist in speeding up recovery. Equipment upgrades like increased refrigeration capabilities and cardiac monitors will also improve treatment efficiency.
The grant will also support the use of evidence-based practices and an enhanced CMS to upgrade IT infrastructure, streamline care delivery, and improve client outcomes.
Specifically, the CMS will provide up-to-date information, aiding in targeted resource allocation to homeless sub-populations and enhance efficiency of service.
Additionally, grant funding can be used to supplement transportation costs for clients, which is crucial for homeless individuals needing recuperative care. Reliable transportation is essential for accessing medical services, maintaining independence, pursuing employment, and securing housing, all of which significantly impact overall well- being and recovery.
Discussion:
While the City’s grant application was approved with an award of $200,000.00 to be used to improve the City’s client management system, acquire medical equipment, and provide transportation for Wellness Center Recuperative Care clients, formal acceptance of the grant by the City Council is required to make the associated 2024-2025 budget amendment and authorize completion of the necessary contract.
If accepted, the grant period and ability to use funds began July 1, 2024, and will run through June 30, 2025. As part of the grant, Kaiser plans to conduct a site visit in February 2025 to assess progress, and City staff will be required to complete a final report that will be due after the grant period ends next year.
The City continues to address the homeless challenges within the community as outlined in the City’s Homelessness Solutions Strategic Action Plan, and the recommended action will advance those efforts. With the proposed additional funding, the City will continue to provide services to the unsheltered recuperative care population with additional resources and support in operations and program implementation.
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Given the City’s commitment to reducing homelessness, as outlined in the 2023-2026 Strategic Plan, coupled with the City’s commitment to collaborate with our partners to obtain additional resources, staff recommends that the Honorable City Council adopt Resolution Nos. 24-078 and 24-079, amending the fiscal year 2024-2025 budget, and authorizing City staff to proceed with completing necessary grant documents.
Attachments: A. City Council Resolution No. 24-078, Budget Amendment B. City Council Resolution No. 24-079, City/Kaiser Foundation Hospitals Contract
C. City/Kaiser Foundation Hospitals Grant Agreement
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ATTACHMENT A
Resolution No. 24-078
Budget Amendment
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RESOLUTION NO. 24-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year ; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2024 , and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2024-2025 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2654020-43100-20588 (REVENUE) $200,000.00
2654020-52300-20588 (EXPENDITURE) $200,000.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
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8 ATTACHMENT B
Resolution No. 24-079
City/Kaiser Foundation
Hospitals Contract
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8 RESOLUTION NO. 24-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE ACCEPTING THE KAISER FOUNDATION HOSPITALS
GRANT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ALL GRANT DOCUMENTS
WHEREAS, set forth in Resolution No. 19-089, the City Council adopted a Homelessness Solutions Strategic Action Plan (“HSSAP”) outlining a means to address outreach and visibility and apply for grant funding that aligns with the actions, goals and objections of the HSSAP; and
WHEREAS, the City’s 2023-2026 Strategic Plan, Goal D indicates expanding on the existing homelessness outreach network to effectively engage the homeless community in services. Evaluating the effectiveness of coordination of homelessness services, and strengthening collaboration with the County and other entities to identify new funding opportunities and expand partnerships for homelessness services; and
WHEREAS, Kaiser Foundation Hospitals will provide to the City up to $200.000 for advancing the medical respite (recuperative care) ecosystem by improving service quality at our Wellness Center in the areas of client management, medical equipment, and transportation; and
WHEREAS, the City of Victorville (City) has a Wellness Center, a non- congregate care facility that will play a critical role in the stabilization of sheltered and unsheltered homeless individuals by providing a low-barrier navigation center, a recuperative care facility, a medical clinic, interim housing, and wraparound supportive services such as case management, care coordination (medical, mental health and dental), job training/placement, legal services, and housing navigation; and WHEREAS, Kaiser Foundation Hospitals finds the City qualified to assist in Strengthening the Recuperative Care Ecosystem in the Inland Region; and WHEREAS, the City desires to enter into this Grant Agreement with Kaiser Foundation Hospitals to clarify roles, responsibilities, and reimbursement terms regarding the advancement in the medical respite (recuperative care) ecosystem by improving service quality at our Wellness Center in the areas of client management, medical equipment, and transportation; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
The foregoing Recitals are true and correct and are incorporated herein by this reference.
Section 2. Contract Agreement
The City Council hereby authorizes the execution of the contract between the 1108
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8 City and Kaiser Foundation Hospitals to accept and use Strengthening the Recuperative Care Ecosystem in the Inland Region Grant to address individuals experiencing homelessness in need of respite (recuperative) care within the City of Victorville.
Section 3. City Manager Authority
The City Council hereby delegates to the City Manager or his designee the role of Signature Authority on behalf of the City to execute all grant documents necessary to secure Kaiser Foundation Hospitals funds and implement the approved grant project.
Section 4. Effective Date
This Resolution shall take effect immediately upon its adoption. 1109
ATTACHMENT C
City/Kaiser Foundation Hospitals
Grant Agreement
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9 UNCONDITIONAL GRANT AGREEMENT
Kaiser Foundation Hospitals (Grantor) makes this grant to City of Victorville (Grantee) for the purpose and with the terms outlined below.
The following terms listed below, and all exhibits, appendices, and other attachments hereto form “the Agreement.”
Grant Title: Strengthening the Recuperative Care Ecosystem in the Inland Region Grant
Number:
164693
Grant
Purpose:
The purpose of the City of Victorville's medical respite grant is to advance the medical respite ecosystem by improving service quality at our Wellness Center.
Grant
Objectives:
Grantee agrees to make reasonable progress towards achieving the objective(s) as stated in the grant application. Reasonable progress will be determined in exercise of Grantor’s sole discretion Grant
Period:
Start Date: 7/1/2024
End Date: 6/30/2025
Term: 12 months
Grant
Amount:
$200,000.00
Project
Contact
Person:
William Lamas, Homelessness Solutions Manager
[email protected]
760-955-5282
Grantee
Mailing
Address:
14343 Civic Drive
Victorville, California 92392
Kaiser
Permanente
Grant Lead:
Celia Brugman
[email protected]
Special
Conditions
This is an unconditional Grant subject to the terms below.
Payment
Schedule
Payment dates are approximate. Initial payment is based on execution of the grant agreement; any subsequent payment dates are estimated. If multiple payments are indicated, the payments will be dispersed after receipt and review of the corresponding reports.
Payment Amount:
$200,000.00
Due upon execution of the grant
agreement
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9 Reporting
Schedule Report Type Due Date
Data Survey Report 10/7/2024
Data Survey Report 1/7/2025
Data Survey Report 4/7/2025
Final Data Survey Report 7/31/2025
Final Narrative and
Expenditure Report
7/31/2025
To be submitted within KP’s online grants
management system. Grantee to report
on progress against outlined objectives.
I. GRANT TERMS
A. Use of Grant Funds. Grantee will use the grant funds for the intended purpose. Grant funds may not be expended, loaned, pledged, or transferred for reasons other than carrying out the Project without Grantor’s prior written approval. Grantee may not expend any grant funds for any purpose that is not charitable, for any political or impermissible lobbying activity, or for any purpose other than one specified in Section 170(c)(2)(b) of the Internal Revenue Code.
B. Grant Expenditures. Grantee agrees that the grant fund expenditures will be allocated as specifically itemized in the budget submitted in your grant application.
Grantee will seek prior written approval from Grantor for any budget re-allocations exceeding 10% of the total grant amount.
Reporting Guidelines. The results of the grant are important and will help shape the future of Kaiser Permanente’s grantmaking. The Grantee is responsible for submitting required reporting using Kaiser Permanente’s online grants management system and if applicable Kaiser Permanente's identified collection tool for data metrics, in accordance with the reporting schedule above. An email notification will be sent to the submitter identified on the grant application 30 days prior to the report due date. To ensure the submitter’s contact information is up to date, please notify the Kaiser Permanente Grant Lead with any changes. Any questions or concerns regarding specific reporting requirements should be discussed and resolved in consultation with the Kaiser Permanente Grant Lead. Please note, if the grant requires working with an external evaluator or if the grantee is requested to participate in interviews or focus groups, the grantee will be notified of their requested participation in any evaluation activities in advance of the activity. If multiple payments are indicated, the payments will be dispersed upon receipt and approval of the corresponding reports.
C. Public Access. If requested, Grantee will provide Grantor copies of any results, reports, publications, data, and other materials created or developed through the Project, unless such information is propriety or contains information deemed sensitive by the Grantee. If any third-party reports, articles, or other publications regarding the 1112
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9 Project funded by this grant are available to the public, Grantee will assist Grantor in obtaining copies if needed.
D. Non-discrimination. Grantee agrees that, in carrying out the objectives supported by this grant, it will not unlawfully discriminate in its employment practices, volunteer opportunities, or the delivery of programs or services, based on race, color, religion, gender, gender identity/expression, national origin, ancestry, age, medical condition, disability, veteran status, marital status, sexual orientation, or any other characteristic protected by law.
E. Nonprofit Status. Grantee affirms that it is currently in good standing, and shall remain during the period funded, a nonprofit public benefit corporation exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code or a local, state, or federal government agency eligible to receive charitable contributions as described in the grant proposal submitted. Grantee will notify Grantor immediately of any changes in its tax status during the grant term.
F. Change in Grantee Operations. Grantee will advise Grantor within thirty (30) business days of the occurrence, or actual knowledge of the imminent occurrence, of any of the following changes in Grantee's status. In the event of any of these occurrences the agreement will be terminated:
1. Grantee no longer retains the services of personnel adequate to enable Grantee to continue to perform its obligations under this Agreement.
2. Grantee's inability to expend grant funds in accordance with the terms of the grant Agreement, or;
3. Any development that significantly and adversely affects the operation of the Project or Grantee, including, without limitation, changes to Project scope of grant or timeline.
4. Any changes to Grantee’s financial status that adversely affects the operation of the Project or Grantee.
G. Conflict of Interest. Grantee shall, in connection with the grant application submission, have disclosed to Grantor a comprehensive list of Grantee’s Directors, Officers, and individuals on its governing body and an assessment of their affiliations, if any, to Kaiser Permanente or any of the Permanente Medical Groups and their subsidiaries, for the purpose of identifying and eliminating any possible conflicts of interest. Grantee will disclose any changes to the list of Directors, Officers, or individuals on its governing body and their affiliations that may generate a potential conflict of interest during the term of this Agreement to ensure compliance with policy.
H. Future Funding. Grantee acknowledges that Grantor and its representatives have made no actual or implied promise of future funding except for the amounts specified by this Agreement.
II. PUBLICITY/PROMOTION
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9 A. Grantee Communications with Media/Use of Logo. Grantor requires review and comment on all press releases that are directly related to the grant, as applicable.
Grantor requests prior approval before the use of its logo in any communications. If Grantee plans to issue a press release related to this Grant, Grantee will contact Grantor at least 15 days before the desired announcement date. Grantor must be addressed as “Kaiser Permanente” in all communications. Grantor acknowledges that Grantee, if a 501(c)(3) organization is subject to certain limitations regarding public acknowledgment and agrees that any such decisions regarding visibility and donor recognition will be subject to any such limitations.
B. Communications with Media and Published Materials. Grantor may periodically publicize Project progress and/or results through public communications (including press releases), reports, websites, and other materials. Grantee agrees that Grantor may use the logo of the organization in such publications.
III. GRANT TERMINATION: RIGHT TO MODIFY
A. Grantor may terminate this grant for convenience upon 30 days’ written notice. Grantor or Grantee may terminate this grant immediately for the reasons specified in this Agreement or in willful misconduct or negligence.
IV. INDEMNIFICATION
A. To the extent consistent with applicable law, each Party agrees to defend, indemnify, and hold the other Party and its officers, employees, directors, owners, and authorized agents harmless from and against all third-party claims, suits, damages and liabilities, costs and expenses incurred therewith, including reasonable attorneys' fees, to the extent caused by the negligent or willful act or omission of the indemnifying Party, its officers, employees, directors, owners, or authorized agents.
V. COMPLIANCE
A. Grantee agrees to comply with all applicable laws in the use of the grant funds and Grantee’s development and operation of the Project. Grantee shall (i) maintain, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities and its employees and all other persons engaged in work in conjunction with this grant, and (ii) perform its duties and obligations under this Agreement according to industry standards and in compliance with all applicable laws.
As an organization with numerous contracts with the federal government, Kaiser Permanente and its affiliates are subject to various federal laws, executive orders, and regulations regarding equal opportunity and affirmative action. This Section constitutes notice that Grantee may be required to comply with the following Federal Acquisition Regulations (each a “FAR”) at 48 CFR Part 52, which are incorporated herein by reference: (a) Equal Opportunity (April 2002) at FAR 52.222-26; (b) Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept. 2006) at FAR 52.222-35; (c) Affirmative Action for Workers with 1114
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9 Disabilities (June 1998) at FAR 52.222-36, and (d) Utilization of Small Business Concerns (May 2004) at FAR 52.219¬8. To the extent any of the foregoing federal statutes become applicable to Grantee, Kaiser Permanente will advise Grantee. In addition, Executive Order 13495 concerning the obligations of federal contractors and subcontractors to provide notice to employees about their rights under Federal labor laws, or its successor, shall be incorporated herein by reference.
VI. MISCELLANEOUS
A. In the event that any suit or action is instituted concerning the Agreement, the substantially prevailing Party shall recover all costs, including, without limitation, the court costs and reasonable attorney's fees incurred in each such action, suit, or proceeding, including all appeals or petitions therefrom. Grantee may not assign any right, duty, or obligation under this Agreement without prior written approval from Kaiser Permanente. Any change of ownership or control of Grantee shall be deemed an assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective, permitted successors and assigns. This Agreement, including any exhibits and attachments (all of which are incorporated into this Agreement by this reference), is the entire Agreement of the Parties with respect to the subject matter herein, and supersedes all other agreements, promises, negotiations, or representations, whether oral or written. This Agreement, including exhibits and attachments, may not be amended except in a writing signed by each Party.
Regarding administration of this grant, the parties understand and agree that each is always acting and performing as an independent contractor. Except as expressly set forth in this Agreement, neither Party, nor any of its employees, shall be construed to be the agent, employee, or representative of the other for any purpose, or liable for any acts or omissions of the other.
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9 SIGNATURE PAGE, Grant #164693
1. Grantee Signature. By signing this Agreement, the Grantee signatory acknowledges that they have read and understood the Agreement, they have the authority to sign this Agreement and bind the Grantee thereto, and that the Grantee hereby accepts and agrees to perform all the terms of this Agreement.
2. Kaiser Permanente Signature. By signing this Agreement, KP signatory acknowledges that they have read and understood the Agreement, they have the authority to sign this Agreement and bind KP thereto, and that KP hereby accepts and agrees to perform all the terms of this Agreement.
Grantee Organization Signatory
Name: Keith Metzler
Title: City Manager
Organization: City of Victorville
Signature: /\dsa2/
Date Signed: /\dda2/
Kaiser Foundation Hospital/Health Plan Signatory
Name: John M Yamamoto
Title: Vice President, Community Health & Government Relations Organization: Kaiser Foundation Hospitals
Signature: /\dsa1/
Date Signed: /\dda1/
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Item Number: 36
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Tree Trimming and Maintenance Services Contract, Project CC24-091 Recommendation:
That the Honorable City Council approve the award of a Tree Trimming and Maintenance Services Contract for Project CC24-091 to West Coast Arborists, Inc. in the amount not to exceed $134,475.00.
Fiscal Impact:
The total expenditure of $134,475.00 for tree trimming and maintenance services has been allocated in the Fiscal Year 2024/2025 budget under the following account codes:
3705501-52300 - LMAD 1 – Contract Services - $2,000.00
3705502-52300 - LMAD 2 – Contract Services - $6,972.00
3705503-52300 - LMAD 3 – Contract Services - $19,236.00 3705505-52300 - LMAD 5 – Contract Services- $2,320.00
3705506-52300 - LMAD 6 – Contract Services - $19,572.00 3705507-52300 - LMAD 7 – Contract Services - $250.00
3705508-52300 - LMAD 8 – Contract Services - $1,225.00
3705530-52300 - DFAD 1 – Contract Services - $1,000.00
3705531-52300 - DFAD 2 – Contract Services - $250.00
3705532-52300 - DFAD 3 – Contract Services - $500.00
3705550-52300 - MAD 1 – Contract Services - $800.00
3705551-52300 - MAD 2 – Contract Services - $350.00
2505007-52300 - Open Space – Contract Services - $20,000.00 4250700-52300 - Sewer – Contract Services - $10,000.00 1006000-52300 - Parks – Contract Services - $50,000.00
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Strategic Plan Goal:
This item aligns with Goal E, Invest in Infrastructure, which focuses on creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations. By having a qualified contractor for tree trimming and maintenance services, the City ensures the safety and aesthetic values of its public spaces and facilities.
Background:
The City has over 8,400 trees within various Landscape Maintenance Assessment Districts, Drainage Facilities Assessment Districts and Maintenance Assessment Districts (LMADs/DFADs/MADs), open space, public right-of-ways, parks and other City facility areas, that are funded by various assessment districts and general fund budgets. To effectively maintain these trees, the Public Works Department and Community Services Department utilize outside contractors for tree trimming and maintenance services due to the specialized equipment and expertise required for the job.
Staff conducted a competitive proposal solicitation using informal procedures in accordance with Victorville Municipal Code Section 2.28.200. On May 2, 2024, a Request for Proposal (RFP) for qualified tree trimming and maintenance contractors was distributed to seven (7) contractors via email and posted on the City of Victorville’s website and ebidboards. A mandatory pre-bid meeting was held on May 14, 2024, and proposal submittals were due on May 29, 2024. The City received proposals from the following contractors:
• Mariposa Tree Management (Irwindale, Ca)
• West Coast Arborists Inc. (Ontario, Ca)
• Integrity Arborist and Ecoscape (Riverside, Ca)
Discussion:
A selection committee consisting of three City staff members conducted a thorough review of the proposals submitted. The evaluation criteria included qualifications and experience, references, services and equipment, GPS asset management, schedule of compensation, and quality and completeness of the proposal.
The contractors were evaluated based on the following criteria:
• Qualifications (20 points)
o Qualifications and experience of the firm and its staff o Demonstrated ability to perform like services for comparable agencies o Licensing required to perform various tree maintenance and arborist services
o Training of staff and safety record
o Ability of the firm to provide bonding and the proper insurance coverage • References (15 points)
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o Verified references from past and present clients
• Services & Equipment (20 points)
o Proposed approach to perform annual tree trimming and maintenance, GPS inventory asset management and arborist inspection services o Ability of the firm to provide services to the City
o List of equipment
o Location of office from which the work will be provided • GPS Asset Management (15 points)
o Ability to provide a database of all City maintained trees o Method for completing and updating the tree inventory o Have a current functional database system with current clients o Quality of database software, Internet accessibility
o Technical support for software and data management
o Plan for migrating existing City database into proposer’s software • Schedule of Compensation (15 points)
o Evaluation of the firm’s fee schedule
o Completeness of services offered to the City
• Quality and Completeness of Proposal (15 points)
o Relevance and conciseness of Bid Proposal and Statement of Qualifications
Using these criteria, the contractors were ranked as follows:
Contractor Evaluator No. 1 Evaluator No. 2 Evaluator No. 3 Average Ranking Mariposa Tree
Mgmt.
82 94 87.5 87.8 2
West Coast
Arborists Inc.
90 95 95.5 93.5 1
Integrity Arborist
and Ecoscape
62 88 70.5 73.5 3
In accordance with Victorville Municipal Code (VMC) section 2.28.200, the City Council may award the construction contract to the best value bidder, with VMC 2.28.040, outlining the criteria for determining the best value bidder. West Coast Arborists, Inc. (WCA) emerged as the top-ranked bidder due to the following criteria items:
- VMC 2.28.040(a)(2) - The bidder's ability, capacity and skills to provide the goods and/or services in accordance with bid specifications;
- VMC 2.28.040(a)(5) - The bidder's ability to provide future maintenance, repair, parts and service for the use of the goods purchased or facility constructed, if appropriate; and
- VMC 2.28.040(a)(6) - The bidder's favorable record of performance under prior contracts with the city (if any) and other purchasers where such bidder has previously been awarded such contracts;
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Accordingly, staff recommends that the Honorable City Council award the Tree Trimming and Maintenance Services Contract to WCA in an amount not to exceed $134,475.00.
Public Works staff and Community Services staff recommend awarding the Construction Agreement to WCA due to their comprehensive proposal and demonstrated ability to meet all requirements.
Staff remains available for any questions the Council may have.
Attachments: A. Construction Agreement
B. Cost Proposals
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ATTACHMENT A
Construction Agreement
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1 Construction Agreement/ West Coast Arborists, Inc./Project CC24-091
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
WEST COAST ARBORISTS, INC.
FOR
TREE TRIMMING AND MAINTENANCE SERVICES,
PROJECT CC24-091
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 2024, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and West Coast Arborists, Inc., a California corporation , hereinafter referred to as the “Contractor”.
The City and the Contractor are sometimes hereinafter referred to as a “ Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Tree Trimming and Maintenance Services (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Tree Trimming and Maintenance Services
; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RE
CITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TE RM OF AGREEMENT
This Agreement shall commence on the date of full execution of the Agreement (the “Commencement Date”) and shall expire June 30, 2025 (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Contractor sixty (60) days advance written notice prior to the expiration the initial Term a nd sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Contractor such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without 1122
2 Construction Agreement/ West Coast Arborists, Inc./Project CC24-091
further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor.
Section 3. TE
RMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CO NTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The C
ontract Documents consist of the following documents,
all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This
Agreement.
2. Exhibits A & B.
3. Special Provisions.
b. Interpretation. I n the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. C
ONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. CO
MPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Thirty -four Thousand Four Hundred Seventy -five and 00/100 Dollars ($134,475.00 = $84,475.00 in support of the Public Works Department and $50,000 in support of Parks
), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all 1123
3 Construction Agreement/ West Coast Arborists, Inc./Project CC24-091
risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Doug Mathews, Director of Public Works and Water , or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. BI D PROPOSAL FORMS
The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
Section 8. PR EVAILING WAGES
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less
than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Tree Trimming and Maintenance Services, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq .; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.
d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq . 1124
4 Construction Agreement/ West Coast Arborists, Inc./Project CC24-091
(hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The i
nformation contained in the payroll record is true and correct; and
(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City , to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement.
Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten- day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
(4) Payment of Invoices . C
opies of the certified payrolls, proof of payroll
submissions, and appropriate lien releases are required with each invoice to the City .
Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.
e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code sec tion 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.
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h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) P
ursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) Pursuant to Labor Code Section 1813 , Contractor or subcontractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Section 9. W ORKERS ’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOT
ICE TO PROCEED
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Contract unless and unti l a Notice to Proceed has been given to the Contractor by the City.
Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COM
MERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
Section 13.
POLLUTION LIABILITY
Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
Section 14. I
NSTALLATION FLOATER
Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as an Installation Floater policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations.
Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance shall name the City as a Loss Payee as their interest may appear , and include a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.
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Section 15. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
Section 16. WAI
VER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 17. PRO OF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 18. TI
ME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 19. IND EMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and 1128
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each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 20.
REPORTS
Upon request by Doug Mathews, Director of Public Works and Water , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
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Section 21. RE CORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. Doug Mathews, Director of Public Works and Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
c. Doug Mathews, Director of Public Works and Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to Doug Mathews, Director of Public Works and Water, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 22. MO
DIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 23. ENT IRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 24. AM
BIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
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Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B” the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 25. NOT ICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Doug Mathews, Director of Public Works and Water, Public Works Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Patrick Mahoney, President
West Coast Arborists, Inc.
2200 E. Van Burton
Anaheim, CA 92806
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 26. NO
N-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 27. REVI EW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 28. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation 1131
11 Construction Agreement/ West Coast Arborists, Inc./Project CC24-091
to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.
Section 29. CAP TIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 30. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 31. G
ENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 32. SEVERA BILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 33. GOV
ERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 34. CUMUL ATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 35. VE NUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
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Section 36. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 37. EFF ECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor , approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 38. REPR ESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 39. COUNT
ERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE WEST COAST ARBORISTS
By: ______________________________ By: _____________________________ Elizabeth Becerra, Patrick Mahoney,
Mayor President
Dated: ___________________________ Dated: __________________________
ATTEST;
By: _______________________________
Jennifer Thompson,
City Clerk
Dated: ____________________________
By: ______________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________
APPROVED AS TO STANADARD FORM:
By: ______________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________
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EXHIBIT A
SCOPE OF WORK
C ity agrees to engage C ontractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the W ork for the Project. The Work shall be performed, as generally described in the Request for Proposal, Project Number CC24-091 and applicable Addenda for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk), and the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").
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CC24-091 TREE TRIMMING AND MAINTENANCE SERVICES Page 17
CITY OF VICTORVILLE
TREE TRIMMING & MAINTENANCE SERVICES
SCOPE OF SERVICES
A. GENERAL I
NFORMATION
Project Descr
iption
The City of Vi
ctorville (the “City”) is soliciting Requests for Proposals from qualified firms to perform annual tree trimming and maintenance services, GPS inventory asset management and general arborist inspection and reporting services. The City has approximately 8,407 trees within LMAD/DFAD/MAD areas, Open Spaces, public right-of way, Parks and other City facilities (see Project Data and Charts on page 31). The estimated annual budget for contractual tree maintenance services is $134,308.
Location and Climate
Located in Souther
n California at the high-point between Los Angeles and Las Vegas, Victorville is the leading city for both industry and retail in the High Desert region. Victorville is a growing, vibrant community that is home to approximately 125,000 residents and some of the area's largest employers.
At 2,875 feet above sea l
evel, Victorville's dry, high-desert climate offers a taste of all seasons. We enjoy cool springs and falls, hot and sunny summers and generally milder winters that can sometimes bring light snow. Average rainfall is approximately 3.9 inches per year, which means low humidity throughout the year. Temperatures can range from below freezing in winter to 110 in the summer.
Project Purpose
The purpose of thi
s maintenance contract is to provide the City of Victorville with the best possible tree care to maintain the City's trees at a level expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with City staff to ensure the most appropriate care and maintenance of the City’s tree inventory.
It is the in
tent of the City to award a contract, in a form approved by the City Attorney, to the selected firm. The City reserves the right to further negotiate the terms and conditions of the contract. The City shall reserve the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the lowest bidder. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the tree conditions.
Project Scope of
Work
The Contractor
shall perform tree trimming and maintenance, general arborist services and GPS inventory management in accordance with the statement of work described herein and all applicable governing standards (see Project Specifications on page 12). The work performed to service tree maintenance pertaining to this contract is routine, perpetual and typical.
EXHIBIT A
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CC24-091 TREE TRIMMING AND MAINTENANCE SERVICES Page 18
EXHIBIT A
It shall be understood that the Contractor will be required to perform and complete the proposed tree trimming and maintenance, general arborist services and GPS inventory management work in a thorough and professional manner, and to provide all labor, tools, equipment, traffic control, materials and supplies necessary to complete all work in a timely manner that will meet the City’s requirements.
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17 Construction Agreement/ West Coast Arborists, Inc./Project CC24-091
EXHIBIT B
BID
PROPOSAL FORMS
See A
ttachment
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EXHIBIT A
18/Construction Agreement/ West Coast Arborists, Inc./Project CC24-091 1139
EXHIBIT A
19/Construction Agreement/ West Coast Arborists, Inc./Project CC24-091 1140
EXHIBIT A
20/Construction Agreement/ West Coast Arborists, Inc./Project CC24-091 1141
ATTACHMENT B
Cost Proposals
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Item Number: 37
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Donna Meester, Director of Community Services
Subject:
Award of Professional Services Provider Agreement with Sierra Golf Management, Inc. for Professional Management Services for the Green Tree Golf Course Recommendation:
That the Honorable City Council award a Professional Services Provider Agreement with Sierra Golf Management, Inc. in the amount not to exceed $2,948,951 for professional management services, including operations and maintenance, of the Green Tree Golf Course for five years, commencing on September 1, 2024, through August 31, 2029 (Project JM24-089).
Fiscal Impact:
The recommended action will result in a total fiscal impact of $2,948,951 over the term of five years in the amounts listed below. Although the agreement indicates expenses in the amount of $567,607.00 for the first fiscal year (July 1, 2024 – June 30, 2025), since the agreement will commence on September 1, 2024, the first fiscal year will actually result in expenses in the amount of $473,005.83 for the 10 months of services.
Year Amount
FY 2024-2025 $473,005.83
FY 2025-2026 $578,479.00
FY 2026-2027 $589,568.00
FY 2027-2028 $600,880.00
FY 2028-2029 $612,417.00
Funds for this expenditure have been appropriated in the Fiscal Year 2024-2025 budget under account code 1003100P-52300. No additional appropriations are necessary. 1153
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Strategic Plan Goal:
This item aligns with Strategic Goal E: Invest in Infrastructure to create a healthy and livable community by maintaining the City’s assets as well as Strategic Goal F:
Communication and Outreach through providing activities and opportunities for positive interaction within the community.
Background:
The City Council previously approved Professional Services Provider Agreements with Sierra Golf Management (SGM) to manage the Green Tree Golf Course. For the last 10 years, SGM has improved and maintained the physical and aesthetics of the golf course, all while maintaining efficient, professional, and positive operations. Since the original agreement was executed on June 30, 2014, four amendments have been approved by both parties, with the most recent extending the term of the agreement from July 1, 2024, through August 31, 2024. This extension was approved to allow the City to issue a new Request for Proposals (RFP) for management of the Green Tree Golf Course. The City determined that the Green Tree Golf Course services should be solicited through a new RFP because the original scope had changed significantly. Over the last 10 years, the clubhouse shifted to a restaurant and will now become the new City Library. This RFP ensures a competitive cost to professionally manage the course, Pro Shop, and rescoped concessions.
On April 10, 2024, the City issued a RFP for private management, operation, and maintenance of the Green Tree Golf Course. The RFP was posted on the City’s website, advertised on Ebidboards.com, and published in the newspaper. On May 1, 2024, the City of Victorville received two proposals from Sierra Golf Management and Donovan Bros Golf. A committee comprised of City staff thoroughly reviewed each proposal and identified Sierra Golf Management as the best value bidder, pursuant to Victorville Municipal Code Section 2.28.040. While Donovan Bros Golf had a lower overall cost for the five-year term of $2,902,126, staff has determined that Sierra Golf Management’s bid of $2,948,951 is the best value per Victorville Municipal Code Section 2.28.280(a) which states that the lowest cost may not be the sole factor in deciding who shall be awarded the contract. It may be in the City’s interest to award the contract to a firm based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationships, or other factors. As Sierra Golf Management has managed the Green Tree Golf Course over the last 10 years, staff has determined that their experience qualifies them as the best value bidder.
Discussion:
The Green Golf Course is an 18-hole, par 72, championship course. It includes 70,000 square feet of greens, 100,000 square feet of tee boxes, 12 acres of fairways, 68 acres of irrigation rough, 39,245 square feet of bunkers, 144,355 square feet of cart pathway, and a total of approximately 156 acres. The Pro Shop is an additional 1,192 square feet.
The course provides for approximately 15,000 rounds of golf play per year, operating year-round, sunrise to sunset as weather permits. The scope of work for this agreement 1154
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includes operations, management, and maintenance of the entire course, the Pro Shop, and concessions.
SGM continues marketing the golf course to retain and attract new players to the Green Tree Golf Course. In addition to a variety of programs geared toward the youth, such as Junior Golf Lessons and Junior Rates, SGM continues exploring new ideas for enhancing the use of the golf course. Furthermore, SGM collaborated with the City on identifying the space needs of the Pro Shop for the future City Library.
Staff recommends that the City Council award a Professional Services Provider Agreement for Professional Management Services including operations and maintenance of the Green Tree Golf Course.
Staff remains available for any questions the Council may have.
Attachments: A. Professional Services Agreement
B. Sierra Golf Management, Inc. Proposal
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Attachment A
Professional
Services Agreement
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1 Professional Services Provider Agreement/Sierra Golf Management, Inc./Project JM24-089
PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
SIERRA GOLF MANAGEMENT, INC.
FOR
PROFESSIONAL MANAGEMENT SERVICES FOR GREEN TREE GOLF
COURSE, PROJECT JM24-089
THIS PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this ______ day of ______________, 2024, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Sierra Golf Management, Inc., a California corporation, hereinafter referred to as “ Provider.” City and Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Professional Management Services for Green Tree Golf Course; and
WHEREAS, Provider represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Provider to provide, on an independent Provider basis, Professional Management Services for Green Tree Golf Course; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECI TALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCO PE OF SERVICES
Provider shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.
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Section 3. COMPENSATION
The City shall pay to Provider a sum not to exceed Two Million Nine Hundred Forty- eight Thousand Nine Hundred Fifty-one and 00/100 Dollars ($ 2,948,951.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below, as follows:
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
$567,607.00 $578,479.00 $589,568.00 $600,880.00 $612,417.00 Total $2,948,951.00
No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Provider unless such expense reimbursements:
(i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Provider’s monthly invoices to City ; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. COS
T PROPOSAL
The City shall pay Provider as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “ B” notwithstanding, in order to receive payments, Provider shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Provider’s invoice.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. C opies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Provider an
d its subproviders/subcontractors shall pay not
less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, the Professional Management Services for Green Tree Golf Course , and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Provider shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly.
An error on the part of any awarding body does not relieve the Provider from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq .; Labor Code Section 1810 et seq .; 1158
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California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Not Determinative. For purposes of this Agreement, Provider its subproviders or subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to Providers and subproviders when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Provider or subprovider herein.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section 5 and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section 5 shall control, and nothing herein shall be considered as an acceptance of the terms of Providers ’s Scope of Services, Scope of Work, or Cost/Bid Proposal which conflict with the provisions of this Section 5.
d. Payroll Records. Provider and its subproviders/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) Provi
der and Subproviders/Subcontractors Obligations. Provider and each subproviders or subcontractors must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The i
nformation contained in the payroll record is true and correct; and
(b) Provider and or subproviders/subcontractors has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Provider and/or subproviders/subcontractors has ten days in which to comply with the requirements of this section. If Provider and/or subproviders/subcontractors fails to do so within the ten-day period, Provider and/or subproviders/subcontractors will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Provider and/or subproviders/subcontractors.
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(4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.
e. Apprentices. Provider is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Provider is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Provider has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Provider further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Provider shall require the same of all its subprovider or subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) P
ursuant to Labor Code section 1775, the Provider and any subproviders/subcontractors under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subproviders/subcontractors under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Provider and/or subproviders/subcontractors as provided for in Section 1775.
(2) Pursuant to Labor Code Section 1813, Provider and its subproviders or subcontractors shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Provider or subproviders/subcontractors for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Provider and its subproviders/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Provider represents that it is aware of the registration requirement and is currently registered with the DIR. shall maintain a current registration for the duration of the Agreement. Provider shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and 1160
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ensure that all subproviders/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof.
Section 6. TE RM OF AGREEMENT
This Agreement shall be for an Initial Term of Five (5) years commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on Five (5) years from the Commencement Date (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for a one-time Five (5) year period (hereinafter “Option Period”), at the option of the City, subject to satisfactory performance as determined by the City. The City shall give Provider sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then-c urrent Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Provider the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Provider.
Section 7. INDE
PENDENT PROVIDER STATUS
It is the express intention of the Parties that Provider is an independent Provider and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Provider or any employee or agent of Provider. Both Parties acknowledge that Provider is not an employee for state or federal tax purposes or any other purpose. Provider shall retain the right to perform services for others during the term of this Agreement.
Section 8. REP
RESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT PROVIDER’S STATUS OF
PROVIDER
a. P
rovider represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Provider or its employees in order for Provider to perform the services described in this Agreement. (2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City.
(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Provider on a continuing basis after termination of this Agreement.
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(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Provider to perform the services described in this Agreement.
(6) Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.
b. The City represents and acknowledges the following:
(1) Provider is solely responsible for determining who, under the supervision or direction of Provider, will perform the services set forth in this Agreement.
(2) The City will not hire, supervise, or pay any employees or assistants working for Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Provider’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Provider to set the hours in which Provider performs or plans to perform the services set forth in this Agreement.
(5) Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Provider is not (required to perform the services set forth in this Agreement at City Hall or on City-owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Scope of Services set forth in Exhibit A and any procedural requirements set forth by law, Provider is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT
AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Provider or by any third person to create the relationship of principal and agent.
b. Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Provider have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LI CENSES AND PERMITS
Provider represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but 1162
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not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. ST
ANDARD OF PERFORMANCE; WARRANTY
a. Provider agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Donna Meester, Director of Community Services, or her designee.
b. By executing this Agreement, Provider warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
Section 12. FAM
ILIARITY WITH WORK
Should Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City , Provider shall immediately inform the City of such fact and shall not provide any services, except at Provider's risk, until written instructions are received from Donna Meester, Director of Community Services, or her designee.
Section 13. CO
NFLICTS OF INTEREST
Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Provider’s services under this Agreement. Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Provider having such interest shall be employed by it. In the event the City determines that Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Provider may result in termination of this Agreement by the City.
Section 14. COM PLIANCE WITH LAWS
Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Provider or its employees, officers, or board members.
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Section 15. INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Provider, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Provider from liabilities that might arise out of the performance of the work under this agreement by the Provider, its agents, representatives, employees or subcontractors, and Provider is free to purchase additional insurance as may be determined necessary. Provider agrees that the insurance requirements specified in the Agreement do not reduce the liability Provider has assumed in the indemnification section of the Agreement.
Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Insurance must not exclude coverage for Trees of any height or Golf Carts.
b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Provider has no employees, it may certify or warrant to the City that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage may be waived by the City’s Risk Manager.
d. Property insurance: Provider acknowledges that the insurance to be maintained by City on the Premises will not insure any of Provider's property or improvements made by Provider. Accordingly, Provider shall, at its own expense, maintain in full force and effect an insurance policy on all of its fixtures, equipment, improvements made by Provider and personal property in, about, or on the Premises. Said policy is to be for "All Risk" coverage insurance to the extent of at least one hundred percent (100%) of the insurable value of Provider's property.
Such coverage shall name the City as a loss payee as their interest may appear.
e. Pollution Liability: For liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.”
Section 16. OT
HER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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a. Insurance is to be placed with good and responsible insurers authorized to conduct business in the state of California and acceptable to the City.
b. The Ci ty, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
c. For any
claims related to this agreement, the Provider ’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Provider ’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
d. Provider hereby grants to the City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
e. Each insurance policy required in this Agreement shall provide that coverage shall not be canceled, except with written notice to the City.
f. Self-insured retentions must be declared to and approved by the City.
g. The Provider may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages her ein required, including, but not limited to, primary and non- contributory, additional insured, Self- Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Provider’s primary and excess liability policies are exhausted.
h. If any coverage required is written on a claims-made coverage form:
(1) The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of work.
(2) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of work.
(3) If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the agreement 1165
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effective, or start of work date, the Provider must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
i. Provider shall require and verify that all subcontractors/subproviders maintain insurance meeting all requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from subcontractors/subproviders . For CGL coverage, subcontractors/subproviders shall provide coverage with a form at least as broad as CG 20 38 04
13. j. Provider shall furnish the City with original Certificates of Insurance and endorsements effecting coverage required by this Agreement at least seven (7) days prior to the commencement of any services to be performed under this Agreement. All Certificates of Insurance and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider ’s obligation to provide them. The City reserves the option to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
k. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Section 17. TE
RMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 18. TI
ME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 19. INDE MNIFICATION
a. Provider shall defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys fees, for any personal injuries, deaths, or property damage (including property owned by the City), which may 1166
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arise out of Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the City's own negligence or willful misconduct, or that of its officers or employees.
b. The City does not and shall not waive any rights that it may have against Provider under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
Section 20. RE
PORTS
Upon request by Donna Meester, Director of Community Services, or her designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Provider shall prepare and submit reports to the City concerning Provider's performance of the services required by this Agreement.
Section 21. RE
CORDS
a. Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Donna Meester, Director of Community Services, or her designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Donna Meester, Director of Community Services, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Provider hereunder shall be retained by Provider and made available to Donna Meester, Director of Community Services, or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 22. RESERVED
Section 23. CO NFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law.
All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Donna Meester, Director of Community Services, or her designee, or as required by applicable law.
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c. Provider shall not disclose to any other entity or person any information regarding the activities of the City , except with the prior written approval of Donna Meester, Director of Community Services, or her designee, or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Provider in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Provider’s services or when requested by Donna Meester, Director of Community Services, or her designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Provider.
e. Provider’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 24. PRI NCIPAL REPRESENTATIVES
a. Jeff Christensen, President , is designated as the principal representative of Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Donna Meester, Director of Community Services, or her designee shall be the principal representative of the City for purposes of communicating with Provider on any matter associated with the performance of the services set forth in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 25. MO DIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Provider perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Professional Management Services for Green Tree Golf Course, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 26. ENT
IRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement.
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c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 27. AMBI GUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Provider/Professional Services Standard Provider Agreement and Exhibit “B” the terms of this Provider/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Provider/Professional Services Standard Provider Agreement.
Section 28. NOT
ICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Donna Meester, Director of Community Services Community Services Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Provider: Jeff Christensen, President
Sierra Golf Management, Inc.,
23525 Robertson Blvd.
Chowchilla, CA 93610
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 29. NON-
LIABILITY OF CITY OFFICERS AND
EMPLOYEES
No offi
cer or employee of the City shall be personally liable to Provider, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 30. REVI EW BY ATTORNEYS
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Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 31. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 32. AS
SIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 33. CARE OF WORK
The performance of services by Provider or the payment of money by the City shall not relieve Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City , when such incomplete, inaccurate or defective work is due to the negligence of Provider.
Section 34. CAP TIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 35. SUCC ESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 36. GEN DER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 37. SE VERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be 1170
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deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 38. GOVE RNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. DEF
AULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 40. CUM
ULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 41. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 42. A
TTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged 1171
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breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 43. EF FECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Provider, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 44. REPR ESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a.
Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 45. CO
UNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE SIERRA GOLF MANAGEMENT, INC.
By: ______________________________ By: _____________________________ Elizabeth Becerra, Mayor Jeff Christensen, President
Dated: ___________________________ Dated: __________________________
ATTEST
By: _______________________________
Jennifer Thompson, City Clerk
Dated: ____________________________
By: ______________________________
Sandra Bostick, Risk Manager
Dated: ___________________________
APPROVED AS TO STANDARD FORM:
By: ______________________________
Andre de Bortnowsky, City Attorney
Dated: ___________________________
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EXHIBIT A
SCOPE OF SERVICES
City agrees to engage Provider and Provider agrees to furnish all necessary labor, tools, materials, appliances, and equipment, with exception to capital equipment with a one item cost of $5,000 or greater, for and do the Work for the Project. The Work shall be performed in accordance as generally described in the Request for Proposal, Project JM 24-089, to include all applicable Addenda for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk; and (ii) the prices set forth in Provider’s Bid Proposal (attached as Exhibit "B").
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EXHIBIT A, SCOPE OF SERVICES, PROJECT CC24-089
CITY OF VICTORVILLE
RFP CC24-089
PROFESSIONAL MANAGEMENT SERVICES FOR GREEN TREE GOLF COURSE
BACKGROUND
Designed by William F. bell and opened in October 1963, the Green Tree Golf Course is a challenging eighteen (18) hole, par 72, 6,643 yards championship golf course. It includes 70,000 square feet of greens, 100,000 square feet of Tees, 12 acres of fairways, 68 acres of irrigation rough, 39,245 square feet of bunkers, 144,355 square feet of cart pathway, and a total of 156 property acres.
The Pro Shop is approximately 1,192 square feet with built in cabinetry and fixtures, with the office encompassing 205 square feet and storage area of 156 square feet.
The course receives approximately 15,000 rounds of golf play per year (equal share of weekend and weekday) with an average of 2,300 members. The course operations shall be from sunrise (not before 6am) to sunset, seven days per week, year-round as weather permits.
Currently, the City is in renovation stage of the Green Tree banquet facility converting it into the new library. Construction is anticipated to begin this spring of 2024 with an anticipated Grand Opening of December 2025. Concurrent with the library renovation and the 5,000 square feet addition, the golf lounge area will be redesigned. Additionally, the city is exploring the redesign of the course to install a driving range in the next fiscal year.
I. GENERAL INFORMATION
The City is seeking to solicit a proposal for private management, operation and maintenance of the Green Tree Golf Course Facility. The Green Tree Golf Course is located at 14144 Green Tree Boulevard in Victorville, CA, 92395 as shown on the City’s webpage at: http://www.VictorvilleGolf.com. The City is looking for professional management services to include the following:
• Pro Shop Management
• Concession Management
• Golf Course Maintenance and Management
SCOPE OF W
ORK
MANAGEMENT, OPERATIONS, AND MAINTENANCE
Scope of Work Summary
The City is seeking an operator that embodies high quality municipal golf standards, that emphasizes customer service, and maintains the highest standards for golf operations, maintenance, and food and beverage services to deliver optimal value. The City hereby requests proposers to demonstrate the ability to provide and perform the following 1175
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services including, but not limited to operating an eighteen (18) hole golf course, including driving range and practice areas, concessions and wine/beer and beverages, pro shop, putting and chipping areas and surrounds, and cart maintenance. Successful pr oposer must have the ability to perform all functions of golf operations, management, maintenance and related services at Golf Courses
which includes making reservations
for play, providing starter services, operating pro shop for retail sales, rental and maintenance of carts, developing and managing tournament business, hiring and training golf staff for all areas of operations, purchase and maintain all materials, supplies and equipment needed to successfully operate, the purchase and sale of concessions and beverages, liquor, merchandise and supplies; secure and maintain a valid Liquor License; the collection and payment of fees, taxes, surcharges; provide annual operational improvement budgets; provide monthly financial reports and meet with City staff to discuss financial and marketing issues and the performance of all other day -to-day activities related to and or affecting operations at Golf Courses. It is preferred; however, optional for the management company to lease/own golf carts.
The successful proposers’ work will be performed within the context of an agreement where the proposer receives a monthly payment for services rendered, for a specified term tentatively scheduled to commence July 1, 2024. All services mentioned above must be performed at the highest industry standards and compliant with all applicable local, county, state and federal laws.
Operational Service Plan
The Green Tree Golf Banquet Center is no longer operational and as previously mentioned, is in renovation to be the home of the new City Library. Proposers must demonstrate substantial experience in the management, operations, and maintenance of municipal golf courses and provide documentation of financial success at similar facilities.
Successful Proposer shall develop a business plan that will provide a service for the golf community and the public for food/concessions and beverage to include beer/wine.
Business plan must also include the following:
• General Overview of plan
• Development of Program Budget (Total Cost)
• Operational Pro Forma, including 5-year cash flow analysis w/assumptions • 18-hole regulation par 72 golf course
• Pro-Shop
• Maintenance Building and Cart Barn
Audit/Operational Review
Successful Proposer will be required to submit, monthly financial reports including detailed and summary income and balance sheet statement, bank deposit report, profit/loss statement, cash reconciliation report, and performance report by the 15th of every month following the performance month. Successful Proposer will also be required to provide and pay for an audit/operational review of golf course records and processes at the request of the city; however, no more frequent than annually. Successful Proposer will be required to meet monthly with City parks’ personnel for review of grounds 1176
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maintenance and meet quarterly with the Director of Community Services to review performance and financial reports.
MAINTENANCE
A. G REENS
a. Fertilizer
i. Fertilize once per month with “ The Andersons Contec DG 18-9- 18” at a rate of 4.5 pounds per 1,000 sq. feet.
ii. Add Ferrous sulfate as needed for color.
iii. Annually monitor soil.
b. Chemical
i. Apply Fungicide as needed.
ii. Daily check mold in the winter or other diseases in the summer. c. Cultural
i. Twice per year Aerification, spring and fall. The aerification process is done with 3/8” hollow tines at 2 x 2” spacing. Based on soil profile tests, a quad tine block of ¼” hollow tines may be used instead of the standard set up during the summer months to alleviate stress and compaction.
ii. Remove plugs and top dress with sand.
d. Cutting Heights
i. HOC of 5/32nds”
B. T EE
a. Fertilizer
i. Apply twice per year after aerification with “Best Super Turf with GAL- XE & Turf Supreme 25-5-5” at a rate of .5 pounds N per 1,000 s q. feet.
b. Cultural
i. Aerify twice a year and problem areas up to six times per year ii. Each time the tees are aerified the plugs are removed from the tees and sand is placed in the holes.
iii. Divots are filled on a weekly basis.
c. Cutting Heights
i. Cutting heights at the same height as the fairways which are usually set at 0.500”.
C. FAIRWAYS
a. Fertilizer
i. Apply twice per year after aerification with “Best Super Turf with GAL- XE & Turf Supreme 25-5- 5” at a rate of .5 pounds N per 1,000 sq. feet.
b. C hemical
i. Apply fungicide as needed.
ii. Apply herbicide as needed to control weeds and unwanted grass varieties.
c. Cultural
i. Aerify two times per year; more often in stressed areas. 1177
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ii. Remove or drag plugs after aerification.
d. Cutting Heights
i. Maintain a HOC of .5” to .085” throughout the year depending on course conditions. During times of stress fairways may be cut may be increased to as high as three quarters of an inch.
D. ROUGH
a. Fertilizer
i. Apply two times per year after aerification.
b. Cultural
i. Aerify roughs two times per year where grass is present. c. Cutting
i. Cut a minimum once per week, maintain at a height of 1.5”.
E. BUNKERS
a. Raking
i. Daily hand rake.
ii. Daily remove excess water.
b. Cultural
i. Weekly trimmed.
ii. Monthly check sand depth.
iii. Add sand as needed.
F. IRRIGATION
a. Daily check for proper functioning irrigation.
b. Immediately repair all breaks and malfunctioning heads. c. Adjust water times as needed.
G. TREES
(All tree work shall be conducted by qualified personnel which may at times require a certified arborist dependent on the nature of the work performed) a. Remove dead trees as needed.
b. Trim all trees as needed.
H. PLANTED AREAS
a. Apply herbicide as needed to control weeds and unwanted grass varieties. b. Remove weeds as necessary, by hand if needed.
I. CART PATHS
a. Edge as needed to ensure safe cart travel.
J. PARKING LOTS / SIDEWALKS / HARDSCAPED AREAS
a. Remove litter, debris, and weeds as needed to ensure walking areas are safe and accessible for pedestrian and vehicular travel.
K. RESTROOMS
a. Two restrooms on the golf course to be maintained in a sanitary manner. b. At minimum clean and stock daily.
L. CONCRETE DRAINAGE WASHES
a. Two locations throughout the golf course: between Yates Road & La Paz Road, approximately 1,134 yards and between Mariposa Road & La Paz Road, approximately 1,190 yards.
i. Remove
sand and silt from both locations after each rain.
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ii. Excess sand and silt removed can be relocated to Yates Road & Pebble Beach Road of which the City’s Public Works personnel will remove.
iii. Maintain grass levels along wash to allow carts safe travel. b. Natural drainage wash between Wimbledon Drive and Hole #15, approximately 300 yards.
i. Remove debris and plan growth to maintain proper flow of water and eliminate standing water.
M. TRASH RECEPTICLES
a. Trash receptables located throughout the course and Pro Shop shall be emptied daily or greater if needed.
N. MAINTENANCE EQUIPMENT
(see the equipment inventory list at the end of this section) a. All maintenance equipment shall be maintained and services per manufacturer recommendation by qualified personnel which at times may include a certified technician dependent on the work performed.
O. CARTS
a. City prefers operator to supply and maintain carts per manufacturer’s specifications. (This is an optional scope of work)
b. If City provides carts, preferred for operator to maintain carts per manufacturer’s specifications to keep carts in proper condition. (This is an optional scope of work).
c. If the City provides carts, operator shall maintain carts in a clean and proper condition for patron use. This includes, but is not limited to, washing exterior and interior, checking tire inflation, and any visible sign of safety precautions. (This is not an optional scope of work).
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GREEN TREE FOLD COURSE EQUIPMENT INVENTORY (March 2024)
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EXHIBIT B
COST PROPOSAL
See Attachment
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EXHIBIT B, COST PROPOSAL, PROJECT JM24-089
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Attachment B
Sierra Golf
Management, Inc.
Proposal
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Item Number: 38
City Council / Board of Directors
Written Communications
Meeting of: August 20, 2024
Submitted By:
Tony Camargo, Deputy City Manager
Subject:
Amendment No. 2 to the Consultant/Professional Services Provider Agreement with LPA, INC. for the Design of a New Police Station and Civic Plaza Recommendation:
That the Honorable City Council approve Amendment No. 2 to the Consultant/Professional Services Provider Agreement with LPA, INC. (LPA) in an amount not-to-exceed $1,318,419.00 for completion of Phase I and II of the Victorville Police Department Conceptual Design Study for a new Police Station and Civic Plaza.
Fiscal Impact:
This action will result in a fiscal impact not to exceed $1,318,419.00. This project will be funded through Measure P (1052001-55060-97080). No additional appropriation is required as Phases I and II will be reimbursed by San Bernardino County through the agreement approved by the City Council on June 18, 2024. Should the City Council approve this item, staff will request a lump sum payment of $3.7 million from San Bernardino County as outlined in the said agreement.
Strategic Plan Goal:
This item aligns with Goal B, Public Safety and Goal E, Invest in Infrastructure. Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community. Goal E, Invest in Infrastructure, focuses on creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations.
Background:
On March 21, 2023, the City Council approved a Consultant/Professional Services Provider Agreement with LPA in the amount of $382,126.00 to develop a conceptual design for a new Police Station and Civic Plaza. As part of the RFP, the consultant was asked to determine the best suitable site for the new Police Station from two locations identified as 1) the parking lot south of City Hall, and 2) across from City Hall, where there 1215
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are nine vacant parcels comprising approximately 2.5 acres. LPA chose the vacant property across from City Hall as the preferred site and completed a Phase I conceptual design study on those parcels. The study determined that the selected lot was not sufficient in size and would not be able to accommodate the Police Station and Civic Plaza as proposed.
Based on LPA’s conclusions, City staff conducted a search for additional parcels that would accommodate the project and, on October 24, 2023, the City Council and Planning Commission held a Special Joint Workshop to identify possible site locations. Based on the workshop selections, City staff presented an analysis of potential sites which were subsequently discussed during Closed Session on February 20, 2024. The City Council then authorized the City Manager to proceed with real property negotiations for the four parcels located at the Northwest corner of the Intersection of Seneca Rd. and Civic Dr. comprised of + 9.18 acres, which provides ample space for construction of a 43,000 square foot Police Station and a Civic Plaza with approximately three acres.
Discussion:
At the meeting on April 2, 2024, the City Council approved the Purchase and Sale Agreement involving four vacant parcels totaling approximately +9.18 acres for the future Police Station and Civic Plaza and on May 13, 2024, successfully closed escrow acquiring said parcels. The next phase of this project is a new conceptual design that will build upon the previously developed program and conceptual plans followed by Phase II of the schematic design.
On June 18, 2024, the City Council approved a contract between the City of Victorville and San Bernardino County (County) to receive funding in the amount not-to-exceed $3,700,000 towards the new Police Station and Civic Plaza for land acquisition costs, conceptual design, and the schematic design. In Section B.5 of the contract, the City is required to provide a 25% match or $925,000. The costs for this project will exceed the City’s match requirement and will be satisfied based on the overall project costs.
Measure P funded the acquisition costs for the parcels mentioned above and will fund Phases I and II. Once Phases I and II are approved, the City will submit an invoice to the County, and upon approval from the County, the City will receive a one lump sum payment to reimburse the Measure P fund.
Staff recommends that the Honorable City Council approve Amendment No. 2 to the Consultant/Professional Services Provider Agreement to LPA, INC. to perform the new conceptual design, schematic design, environment study and traffic analysis as proposed in the July 21, 2024, Scope of Services (Exhibit A to Amendment No. 2).
Staff remains available for any questions or comments you may have.
Attachments: A. Original Agreement
B. Amendment No. 2
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ATTACHMENT A
ORIGINAL AGREEMENT
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ATTACHMENT B
AMENDMENT NO. 2
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Consultant/Professional Services Provider Agreement/LPA, Inc./Project CC23-004/Amendment 2