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Resolution No. 2012-155RESOLUTION NO. 2012-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF SO CAL LAND MAINTENANCE, INC. AND APPROVING AND RATIFYING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDS MAINTENANCE SERVICES WHEREAS, on June 5, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-83 authorizing the issuance of a request for proposals for grounds maintenance services at City Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public Works Yard, and 50th Street Apartments (the "Services"); and WHEREAS, in order to prevent any gaps in service coverage the Mayor Pro-Tem executed a services agreement with So Cal Land Maintenance, Inc. ("So Cal Land"), subject to ratification by the City Council, setting forth the terms and conditions under which So Cal Land will perform the Work (the "Agreement"); and WHEREAS, by memorandum dated July 26, 2012, the Director of Community Services & Water recommends that the City accept the bid of So Cal Land and ratify the execution of the services agreement with So Cal Land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and ratifies the execution the Agreement with So Cal Land Maintenance, Inc., a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to So Cal Land Maintenance, Inc. SECTION 5: The City Clerk of the City of.Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7th day of August, 2012. ac Name: William J. Davis Title: +M-a / Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon,.do hereby certify that the foregoing Resolution, being Resolution No. 2012-155, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 7, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this / day of Auaust; 2012, at Vernon. California_ (SEAL) - 3 - EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDS MAINTENANCE SERVICES Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE So Cal Land Maintenance, Inc. Stephen Guise, President So Cal Land Maintenance, Inc. 3000 E. Coronado Street Anaheim, CA 92806 Attention: Stephen Guise, President Phone: (714) 231-1454 Facsimile: (714) 630-9471 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Kevin Wilson; Director of Community Services & Water Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 August 1, 2012 August 1, 2013, unless extended pursuant to Section 1 Total not to exceed $29,316.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDS MAINTENANCE SERVICES THIS AGREEMENT is made and entered into as of August 1. 2012, ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and So Cal Land Maintenance, Inc., a California corporation ("Contractor"). City.and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain grounds maintenance services provided for City Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public Works Yard, and 50t" Street, as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, 2 officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor. agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit C attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the.work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City licenses and permits required under this Agreement shall be waived. Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or . be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) n calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status; Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without. City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; this Agreement; ii. is or becomes generally known to the public without violation of iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data; documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys` fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and -effect, a policy or policies of Comprehensive General 2 Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (a) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VI in the latest edition of Best's Insurance Guide. (g) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (h) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (i) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement.shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. 0) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 370.0 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'.compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall 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 in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/: times the basic rate of pay. Living Wages. In addition, Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 27. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 28. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 29. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 30. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 31. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either . party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section.33. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 35. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 36. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. 10 Section 37. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 38. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City So Cal Land Ma��en e, Inc., a California and California municipal corporation corporation)-- / By: By: William Davis, Name: M =,Mayor Pro-Tem Title: Chief Deputy City By: Na Titl 12 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform the services listed below on behalf of the City in accordance with the Work Schedule provided for in the proposal dated June 26, 2012, a copy which is attached hereto and incorporated by reference. 1. Litter Control A. Weekly: (City Hall, Petrelli Building, .Fire Station No. 2, Light & Power and 60th Street Apartments) Contractor shall perform comprehensive evaluation of grounds to ensure they are kept litter free. Any removed litter shall be disposed in a designated area. 2. Lawn Care A. Weekly: (City Hall and Light & Power) Lawn shall be maintained in accordance with the best practices of the trade and horticultural procedures. As such, the lawns shall be kept weed free and be fertilized as needed. 3. General Landscapina Maintenance A. Weekly: (City Hall, Fire Station No. 2, Public Works Yard, Light & Power, Petrelli Building and 50th Street Apartments) Contractor shall perform general landscaping maintenance including trimming, weeding, fertilization, planting, herbicide application, and irrigation maintenance. 4. Seasonal Flower Plantina A. Three Times Annually: (City Hall Monument Planter) Contractor shall perform seasonal flower planting three times annually. The variety of flower to be planted shall be determined by the City of Vernon. {f . \k( E■ _ m )k� @0 . , §.......,. § . \ k ( \klk. 3! - - ul ) ■ k 2 §) | el vi ® " ® ~ 0 of « ® ® ® 2 k \ \ 2 $ƒ ® ! 9 J \( / 2 EXHIBIT B EXHIBIT B FEES Facility Monthly Cost City Hall $1,068.00 Fire Station No. 2 $ 153.00 Light & Power $ 305.00 Petrelli Building $ 153.00 Public Works Building $ 153.00 50th Street Apartments $ 611.00 Total Monthly Cost $2,443.00 Contractor shall invoice City within thirty (30) days after performing the work for Services provided under this Agreement. Invoices shall include the period for which the Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City -may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in . dispute shall be withheld until resolution. EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. _ SUPPLEMENT NO. _ SHEET _ OF _SHEETS PROJECT: TO: REQUESTED BY: City of Vernon P.O. NO. CONTRACTOR You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount Base Bid ........................................... $ Amount of This Change Order ............................................. $ Amount of Previous Change OrdersI .................................:....... $ Total Change OrdersI ............................_......................... $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: .....,�� ......................... ,.� - Rev. 03/10 EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wastes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with.the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 5834M11 August 29, 2012 So Cal Land Maintenance, Inc. Attn: Stephen Guise, President 3000 E. Coronado Street Anaheim, CA 92806 RE: Services Agreement— Grounds Maintenance Services Dear Mr. Guise: The insurance requirements have been met. Transmitted herewith is a fully executed original agreement as referenced above, approved by City Council on August 7, 2012, through Resolution No. 2012-155. If you have any questions, please contact Scott Rigg at (323) 583-8811 extension 279. Thank you. Sincerely 11-4 ,1 � Deborah R. Juarez Records Management Assistant Enclosure c: Scott Rigg S. Kevin Wilson Purchasing Department Resolution No. 2012-155 Agreement File No. 12-083 E7CClusivefy Indm1 of SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDS MAINTENANCE SERVICES Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE So Cal Land Maintenance, Inc. Stephen Guise, President So Cal Land Maintenance, Inc. 3000 E. Coronado Street Anaheim, CA 92806 Attention: Stephen Guise, President Phone: (714) 231-1454 Facsimile: (714) 630-9471 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058, Attention: Kevin Wilson, Director of Community Services & Water Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 August 1, 2012 August 1, 2013, unless extended pursuant to Section 1 Total not to exceed $29,316.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDS MAINTENANCE SERVICES THIS AGREEMENT is made and entered into as of August 1. 2012, ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and So Cal Land Maintenance, Inc., a California corporation ("Contractor"). City. and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain grounds maintenance services provided for City Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public Works Yard, and 50'h Street, as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall of all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor. agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described. in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit C attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required, by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City licenses and permits required under this Agreement shall be waived. Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) 4 calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party, without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the . Contractor without an obligation to maintain its confidentiality prior to receipt from City; this Agreement; ii. is or becomes generally known to the public without violation of iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys` fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General 11 Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (e) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (h) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (i) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions 7 for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. Q) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' .compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall 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 in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 Y times the basic rate of pay. Living Wages. In addition, Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City 0 contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement; or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 27. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 28. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. U Section 29. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 30. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 31. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 33. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City' or "Notice Information — Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 35. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 36. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. 10 Section 37. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 38. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City So Cal j Land Ma' e�e, Inc., a California and California municipal corporation corporatioq 1 / By: `� --- By: William Davis, Name: LKU,aWX Mayor Pro-Tem Title: Chief Deputy City 0 Nai Titl 12 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform the services listed below on behalf of the City in accordance with the Work Schedule provided for in the proposal dated June 26, 2012, a copy which is attached hereto and incorporated by reference. 1. Litter Control A. Weekly: (City Hall, Petrelli Building, Fire Station No. 2, Light & Power and 50th Street Apartments) Contractor shall perform comprehensive evaluation of grounds to ensure they are kept litter free. Any removed litter shall be disposed in a designated area. 2. Lawn Care A. Weekly: (City Hall and Light & Power) Lawn shall be maintained in accordance with the best practices of the trade and horticultural procedures. As such, the lawns shall be kept weed free and be fertilized as needed. 3. General Landscaoina Maintenance A. Weekly: (City Hall, Fire Station No. 2, Public Works Yard, Light & Power, Petrelli Building and 50th Street Apartments) Contractor shall perform general landscaping maintenance including trimming, weeding, fertilization, planting, herbicide application, and irrigation maintenance. 4. Seasonal Flower Plantina A. Three Times Annually: (City Hall Monument Planter) Contractor shall perform seasonal flower planting three times annually. The variety of flower to be planted shall be determined by the City of Vernon. a 'a W c � LL W � 2 LL C � -N Q Z H K O Q O G° c d0 _ O u W a m m o m m o p m m w 3 } O m w 1- } Q 0 Z O E E `o LL $ E s w N w a0 c a c O W W N d E = v � o v a t W g W C p LU W 00 d « O L Q C j2 N N N h M ry M O O O O 31d N N U CO m m m m m m c CO Y% � s a m FmF N 3 5 W 2 u -25 IJ i 00I11_9 FEES Facility Monthly Cost City Hall $1,068.00 Fire Station No. 2 $ 153.00 Light & Power $ 305.00 Petrelli Building $ 153.00 Public Works Building $ 153.00 501Street Apartments $ 611.00 Total Monthly Cost 1 $2,443.00 Contractor shall invoice City within thirty (30) days after performing the work for Services provided under this Agreement. Invoices shall include the period for which the Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City -may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: CONTRACTOR REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount Base Bid ............................................... $ Amount of This Change Order I ..... :....................................... $ Amount of Previous Chan e Orders I ............ I ............................ $ Total Change Orders I ..................................................... $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services At Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all tabor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project File/Contractor/Purchasing - Rev. 03/10 EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with.the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. Juarez, Debbie From: Arriola, Justin Sent: Wednesday, August 29, 2012 8:46 AM To: Juarez, Debbie Subject: So. Cal Land Maintenance Please be advised that the above -referenced has provided acceptable insurance coverage. Sorry for not notifying you when I submitted the approval.. Justin Arriola Risk Management Dpt. �*Jarriola@ci.vernon.ca.us 0(323) 583-8811 e,t:315 CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. RCEIVED JUL 2 6 2012 �� ��ED CITY ADMINISTRATION JUL 31 202 cIly CLERWS OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPART E A-6 DATE: July 26, 2012 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDS MAINTENANCE SERVICES The Department of Community Services and Water (Department) received back bids from qualified contractors on June 26, 2012, in response to the Request for Proposal (RFP) to perform Grounds Maintenance Services at City Hall, Fire Station No. 2, Petrelli Building, Public Works Yard, 501" Street Apartments, and Light & Power. Bid proposals were received from So Cal Land Maintenance, Guzman's Gardens, and Common Area Maintenance. The bid results are listed below: Contractor Cost Per Month So Cal Land Maintenance $2,443.00 Guzman's Gardens $4,100.00 Common Area Maintenance $4,825.00 In review of the three bids, So Cal Land Maintenance's cost to provide the above -mentioned services was the lowest of the three bidders at $2,443 per month. Guzman's Gardens came in second at $4,100 per month, and Common Area Maintenance came in third at $4,825 per month. So Cal Land .Maintenance is the City's existing grounds maintenance contractor; and have done a commendable job in providing the subject service. Members of pry staff utilized a Contractor's RFP Scoring Sheet to rate the proposals. So Cal Land Maintenance was rated the highest of the three proposers with an average rating of 94.7 percent. Guzman's Gardens was second with an average rating of 66 percent; followed by Common Area Maintenance with an average rating of 60.3 percent. Moreover, the City Attorney's office has prepared a Services Agreement between the City of Vernon and So Cal Land Maintenance, Inc. for Grounds Maintenance Services. The existing Agreement with So Cal Maintenance is set to expire August 1, 2012. In order to prevent any gaps in service coverage, it is recommended that the proposed Agreement be ratified at the August 7, 2012 City Council meeting, and be made effective August 1, 2012. Thank you. SKW/sr Enclosures COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-6 TO: Mark Whitworth, Ciitttyy Administrator FROM: Samuel Kevin Wilsod, Director of Community Services and Water DATE: July 26, 2012 SUBJECT: AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDS MAINTENANCE SERVICES The Department of Community Services and Water (Department) received back bids from qualified contractors on June 26, 2012, in response to the Request for Proposal (RFP) to perform Grounds Maintenance Services at City Hall, Fire Station No. 2, Petrelli Building, Public Works Yard, 500' Street Apartments, and Light & Power. Bid proposals were received from So Cal Land Maintenance, Guzman's Gardens, and Common Area Maintenance. In review of the three bids, So Cal Land Maintenance's cost to provide the above -mentioned services was the lowest of the three bidders at $2,443 per month. Guzman's Gardens came in second at $4,100 per month, and Common Area Maintenance came in third at $4,825 per month. So Cal Land Maintenance is the City's existing grounds maintenance contractor; and have done a commendable job in providing the subject service. Members of my staff utilized a Contractor's RFP Scoring Sheet to rate the proposals. So Cal Land Maintenance was rated the highest of the three. proposers with an average rating of 94.7 percent. Guzman's Gardens was second with an average rating of 66 percent; followed by Common Area Maintenance with an average rating of 60.3 percent. The City Attorney's office has prepared a Services Agreement between the City of Vernon and So Cal Land Maintenance for Grounds Maintenance Services. The Agreement has been executed by So Cal Land Maintenance, Inc. The existing Agreement with So Cal Land Maintenance is set to expire August 1, 2012. In order to prevent gaps in service coverage, it is recommended that the proposed Agreement be ratified at the August 7, 2012 City Council meeting, and that it be made effective August 1, 2012. Thank you. SKW/sr Enclosures P\Smn\SwMMy DownenklGrowi� MaiNawK<. CaihanugManna Tty AM.istrazor Gm .& .. M12A. CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: July 17, 2012 TO: Samuel Kevin Wilson, Director of Community Services & Water FROM: Willard G. Yamaguchi, Chief Deputy City Attorne� RE: So Cal Land Maintenance, Inc. I have received and reviewed the Memorandum dated June 28, 2012, and the attachments thereto. Attached please find the drafted Services Agreement for grounds maintenance services. WY:em Enclosures K03 JUL 0 3 2012 CITY ATTORNEY DEPT. TO: Willard Yamaguchi, Chief Deputy City Attorney FROM: Samuel Kevin Wilson, Director of Community Services and Water DATE: June 28, 2012' SUBJECT: AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC. FOR GROUNDSMAINTENANCE SERVICES The Department of Community Services and Water (DeparEinent) received back bids from qualified contractors on June 26, 2012, in response to the Request for Proposal (RFP) to perform Grounds. Maintenance Services at City Hall, Fire Station No. 2, Petrelli Building, Public Works Yard, 50°i Street Apartments, and Light & Power. Bid proposals were'recelved from So Cal Land Maintenance, Guzman's Gardens, and Common Area Maintenance. Thebid results are listed below: Fecilil �' S9 Cal Land Maintenance Guzman's- . Gardens s Common Area - - Maintenance Cl Hall $106800 � File Hahan]Jo. 2 $153.00 -� Petrelh Buildin $153.00. . Public Works Yard .. $153.00 SOth Street Apartments 1 $611.00 Li ht.&Prover .$305.00 Total Monthly Cost i,imaEy, Bid itenn; ' $2 4Qj.00 ,. $4,100.00... ,.$4,825.00 - O tional Bid Items In review of the three bids,, So Cal Land Maintenance's 'Cost,to provide the above -mentioned services was the lowest of the three bidders at $2,443 per month., Guzman's Gardens came in second at $4,100, per month, and Common Area Maintenance came in third at $4,825 pei;month. So Cal Land Maintenance is the City's existing grounds maintenance contractor; and have done a commendable job in providing the subject service. Moreover, staff utilized a Contractor's RFP Scoring Sheet to rate the proposals. So Cal Land Maintenance was rated the highest of the three ;proposers with an average rating of 94.7 percent. Guzman's F.ISmaSmMMYDocwrcn�'GmwW hlninlawrc Cnnreai�yWnwaalG5lYAumKYtTamde Me'uumerc aid, 2012doc Gardens was:second with an average rating of 66 percent; followed by Common Area Maintenance with an So Cal Land Maintenance , 3000 E Coronado St Anaheim, CA 92806 ATTACHMENT B BIDDING SCHEDULE CITY OF VERNON . CITY HALL AND RELATED FACILITIES TOTAL COST PER MONTH 1. In `addition to the Bidding Schedule, the contractor shall provide a rate schedule for labor and equipment and provide mark-up rates for materials. All,. repair work shall be performed on a time and materials basis; in accordance with the rate schedule provided by the contractor, or as a negotiated lump sum cost. The City reserves the right to separately bid Roc twd a f 0 a W u LU W Ln W N Z a Q O Z C F a Z LL aO Vf Z ix O LL 0 of O LL a LL z C O a V A L V > Q N M L yO V 00 N u n e a a �a a N M 0 u 0 o Y Y `a a N M m 00 a u $ e n e N Pi N M e y Y � •C O V C V � C y N Y O OC LAy q o � � Q m e U e � y C'J U Date of Submittal: June 26, 2012 To: City of Vernon Community Services Department 4305 Santa Fe Avenue Vernon, CA 90058 From: So Cal Land. Maintenance, Inc. 3000 E Coronado Street Anaheim, CA 92806 T.714.231.1454 Re: Request for Proposals; For Grounds Maintenance Services y TABLE OF CONTENTS • TITLE PAGE PAGE 1 • LETTER OF TRANSMITTAL PAGE 2 • EXECUTIVE SUMMARY PAGE 3,4 • RESUME PAGE 5,6,7 • EXPERIENCE PAGE 8 • WORK PLAN / QUALITY ASSURANCE PROGRAM PAGE 9,10 • WORK.SCHEDULE _ . ,. .,. PAGE 11 • REFERANCES .. - . PAGE 12 01 SO CAL LAND MAINTENANCE, INC. City of Vernon Samuel Kevin Wilson r Director of Community Services 5365 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wilson, So(Cal Land Maintenance is very interested in continuing to provide landscape services for the City of Vpe',non. So Cal has provided the City of Vernon, landscape services for the past year and understand the work `to 6e accomplished and the expectations of quality service around your public buildings and City Hall. So tal Land Maintenance, Incorporated as a SBE company, has grown substantially over the past two years and continues to operate on a firm financial foundation. ":- I So CaPtand Maintenance was developed to provide Public and Private entities with a professional team of Horticulturalists, Agronomists, and Arborists that provide the ultimate in quality services for our i clients. We take a technical approach to landscape maintenance using state of the art equipment and educated team leaders to provide our customers with a proactive approach to their landscape maintenance. We. are excited about the opportunity to continue to provide the City of Vernon with a comprehensive landscape maintenance service package that is cost effective and will continue to improve the existing landscapes for the City. Our bid proposal and Fee Schedule includes the Living Wage Ordinance. As President of So Cal Land Maintenance, I am authorized to make representations for the company that is lo40ted at 3000 E. Coronado Street, Anaheim, CA, 92806. 1 can be contacted at 714-231-1454. Please do not hesitate to call me to discuss this proposal or answer any questions you may have. . Inc. President _ SO CAL LAND NLA N NANC10 INC, - 3000 EASE CORONADO SIREEL ANAHEIM, CA 92806. P.714-231-1454,E 714-630-9471 k, a SO CAL LAND MAID° ENANM INC 3000 East Coronado Street, Anaheim, CA 92806 Executive Summary So Cal Land Maintenance, a certified SBE (Small Business Enterprise), provide landscape construction and maintenance services' to public and private customers throughout Southern California. Stephen Guise, President of So Cal Land Maintenance, Inc., has over 30 years of landscape maintenance experience and has been responsible for the landscape maintenance at many high end properties including Santa Anita Park, the Anaheim Resort District, Anaheim and Culver City -City Hall, Playa Vista Communities, and Hilton Hotels to name a few. So Cal would like to continue to provide the City of Vernon with our professional team of landscape gardeners providing adequate staffing and resources to accomplish the tasks as spelled out for this project under the terms and conditions prescribed in the RFP. Juan Fernandez and his crew have been providing the landscape services for the past year and it is our intention to keep Juan and his crew as your landscape team. SO' Cal is a financially strong company that is growing rapidly. Our expertise in IPM, design, and color will benefit the City's annual planting displays and Hibiscus hedges at City Hall. Asr President, Stephen Guise has been working in Los Angeles County for landscape companies including Chemlawn, Valley Crest, Marina Landscape and as Guise & Associates, a private Sports Turf Consultant and designer for the past 29 years. As an Agronomist and past Pest Control Advisor, Steve has a solid background and understanding of the maintenance criteria and man power needed to provide all of the services requested in the RFP for the City of Vernon. Steve managed the historic Santa Anita Park in Arcadia and.the maintenance of .the Anaheim Resort District (outside Disneyland) and 48 Anaheim Parks for'many years and fully yr tlerstands the requirements and responsibilities of Public work. His resume is attached. The two additional owners of So Cal run the day to day operations of DMA Greencare; a sister company providing landscape construction services. They are Dennis Aldridge and Darin Doucette. Dennis has worked in the green industry for 85 years. As an officer of the company and a certified Arborist, Dennis manages the office and business development for the company. Da,,rin Doucette is the Vice President and manages the landscape construction divisions and . facility/fleet. maintenance and purchasing departments. Darin has been supervising landscape construction and maintenance projects for the past 24 years in Southern California. Having a team of Arborists, Agronomists, Horticulturalists, and hard-working honest employees separates So Cal from the competition. So Cal will provide landscape maintenance that is second to none using technology and an environmental sensitive maintenance approach to each property. Cuts are clean, integrated pest management is performed, and irrigation is performed through the use of local CIMIS stations applying only what is needed for the health of the plant. All irrigation systems are run and inspected weekly and following every mowing. All employees of So Cal receive annual training in Work -Zone Safety / Flagger Training and go through a Certification Course. Employees are taught the standards of temporary traffic control as,detailed by the MUTCD and the WATCH manual 3 Staffing Plan u Company information: Contact person: Stephen Guise Company Address: 3000 E. Coronado Street, Anaheim, CA 92806 Phone: (714)231-1454 Email: sauise0socalim.com *Resume attached Company Personnel: President and Supervising Manager: Stephen Guise (30 years experience) Irrigation Technical Advisor: Darin Doucette (25 years experience) Arborist: Dennis Aldridge (35 years experience) Superintendent: Jose Luis Solano (15 years experience) Foreman: Juan Fernandez (20 years experience) *Additional resumes can be provided. On 'a weekly basis, Juan Fernandez and his crew will service your properties. Jose Luis So„lano, So Cal's general superintendent, will supervise the crew and inspect the property for compliance and irrigation scheduling. Additional labor will be provided as required for turf renovation and color changes. t u STEPHEN H. GUISE 1329 West Jacaranda Place Fullerton, California 92833 (714) 680-4026 / Home (714) 231-1454 / Work Educational Background BS Agriculture and Resource Technology. Concentration in soils and turfgrass management, University of Rhode Island, 1980. Graduated Lincoln Senior High School, Lincoln, Rhode Island, 1973. PROFESSIONAL EXPERIENCE So Cal Land Maintenance, Inc. January 11' to date, President and General Manager responsible for the day to day operation of the sales and field operations in Landscape Maintenance, Construction, Arbor Care and Pest Control Business lines. Marina Landscape, Inc. Anaheim, CA. June 10' to Feb 11'. Vice President of Sales and Marketing, reporting to the President and responsible for corporate sales in landscape construction, design, erosion control, and maintenance. In the second half of the year under the direction of Mr. Guise, the company sold more work than any other year in its 40 years of business. Sales for all divisions exceeded $75M for 10'. Marina Landscape, Inc., Anaheim, CA. November 07' to June 10'. Vice President of Operations, Maintenance Division, reporting to the Owner/President and responsible for the overall management of the maintenance division that includes Landscape Maintenance of Sports Facilities, Parks and Commercial Properties, Arbor Care, Pest Control and Construction. Under the direction of Mr. Guise, Marina's maintenance department exceeded goals each year and the division grew from $2M in Nov. of 07' to over $12M by Dec. 10'. Staffing increased from 21 employees to 285 in three years. The divisions GP for the year 2010 exceeded 34%. Los Angeles Turf Club, Santa Anita Park, Arcadia, CA. March 04' to September 07'. As Director of Facilities and Grounds, was responsible for the maintenance of historic facilities, racing surfaces and the 300-acre site. As a Senior Manager, reported to the General Manager and managed 175 year round employees with a $14,000,000 annual budget. Developed NPDES Permit and Storm Water Prevention Plan, and completed daily work requests from SAP departments and tenants including Oak Tree Racing Association, California Thoroughbred Trainers Association, Thoroughbred Owners of California, California Horse Racing Board, Winners Foundation, Equine Hospital and Nuclear Lab. In addition to Santa Anita Park, was J responsible for supporting the management at San Luis Rey Downs, and the Agronomic Consultant at Gulfstream Park (Florida), Lonestar Park (Texas), Remmington Park (Oklahoma), and Golden Gate Fields (Oakland, Ca.). Marina Landscape, Inc., Anaheim, CA.. February 98' to March 04'. Director of Business Development reporting to the Owner/President and responsible for new business and project management of professional sports complexes and including Petco Park (MLB San Diego Padres) and The Home Depot Center (MLS Galaxy and Chivas, US Olympic Soccer, US Tennis, Major League Lacrosse). Developed $29M in business, increasing annual sales from $6M to $30M. Valley Crest Landscape, Inc. Calabasas, CA. May 96' to February 98'. Sports Turf and Business Development Manager responsible for sales and marketing for the sports related projects throughout the U.S. and all construction projects in Los Angeles County. Technical Advisor to the Construction and Maintenance Divisions. Company liaison to industry architects, designers, engineers and public agencies Guise & Associates, Fullerton, CA. June 93' to date. Self employed Turfgrass Consultant and Sports Turf Manager specializing in design construction and maintenance of traffic turfgrass areas. Implemented preventative maintenance programs. Integrated pest management programs and safety reviews, risk management, planning, design and training service for public agencies, sports complexes, and equestrian training facilities. Los Angeles Turf Club, Santa Anita Park, Arcadia, CA. October'89 to June 93'. Grounds and Turf Course Superintendent at the historic 300-Acre thoroughbred horses racing. Senior staff manager responsible for the park maintenance, capital improvements, event coordination and agronomic and pesticide programs. Chemlawn Services Corporation, San Diego, CA. July 82' to October 89'. Branch Manager Lawn, Tree and Shrub care and Pest Control service lines. Managed the personnel, sales / marketing, customer service, production, business planning; P&L's, safety/risk management, training / development, administrative, office; asset and material functions for assigned services lines and facility within a defined geographic/ market area. Professional Affiliations Sports Turf Managers Association President -January 1998 to 2000 Board of Directors 1990 to 2002 Treasurer 1994 to 1996 Technical committee Co -Chair 1993 to 2008 Historical Committee 2007-Present I Stephen H. Guise American Society for Testing and Materials F08.52 Committee Playing Surface 1995 to present Sub -Committees for Natural and Synthetic Turf Task Force for Tennis Courts and Playgrounds Co -Chairman — F.08.64 Natural Playing Surfaces International Racing Surfaces Association Board of Directors 1995 to 1997 Technical Advisor — LLTurf Course Construction, Tampa Bay Turf Course construction. Achievements American Society for Testing and Materials, 2004-Award of Appreciation "For outstanding contributions to the development and writing of standards within F08.64 on Natural Playing Surfaces" Sports Turf Managers Professional Club,1998 — Recognized as one of the top 25 Sports Turf Managers in the U.S. and selected as a member of the Toro Company's exclusive Professionals Turf Club. Presidents Award, 1995 — Sports Turf Manager Associations National Award in appreciation "For the extraordinary contribution to the Association and Community" — California State University Fullerton, Titan Baseball Field Renovation, 1995 American General Contractors Association, 2002- Received the Constructors Award for "innovation in construction techniques or materials" for the design and construction of the SDSU Aztrack Stadium track and field on the top of a new Parking Structure. California Landscape Contractors Association, 2009, 2010-Received Award of Appreciation for volunteer support of the Association California Pest Control Advisors License # QA 02376 1992 to 2006 California Pest Control Applicators License # QL 30 148 1982 to 1995 California Pest Control Certificate # QC 15243 1982 to 1995 California Landscape Contractors License — C27 # 719391 1995 to Present New Mexico Landscape Contractors License - MS06#87005 2001 to Present Experience As you read through the attached Executive Summary of So Cal Land Maintenance, note that the management and employees of So Cal have 30 plus years of experience in.landscape maintenance and construction. Stephen Guise has built So Cal in the past 1 i months to include 45 accounts and annual revenues exceeding $1 M. Prior to So Cal, Steve Guise as the Vice President of Marina Landscape created, developed, and managed the day to day operations of a landscape maintenance company with 238 employees doing over $12M in annual revenue, with branch locations in San Diego, Palm Desert, Los Angeles, and Orange County. Prior to this position, Steve managed the historic Santa Anita Park in Arcadia, California as the Director of Facilities and Grounds. He also worked for the largest landscape company in the world; Valley Crest Landscape, as the Director of Sports Facilities USA, and managed the landscape construction business development for LA and Ventura Counties. THiough Steve's commitment to quality maintenance and with a leap of faith, he partnered up with two old friends and formed their own landscape maintenance company; So Cal Land Maintenance, Incorporated in January of 2011. Together the partners of So Cal have a combined 70 years of landscape maintenance and construction experience, comparable to the largest landscape companies in California. The mission of So Cal is to provide superior service to its clients by hiring and training educated field supervisors, foreman and account managers that can educate their subordinates to provide the very best in landscape services for our customers. We take a proactive position in identifying and resolving landscape issues before they become a problem. This starts with Integrated Pest Management and Irrigation Audits to provide a healthy environment for plants. Our expertise in design allows So Cal to provide alternative plants species to the landscapes to improve water savings and add aesthetic beauty to the landscape. Communication with our clients start with monthly property walks and written communication of work completed and work scheduled. Contracts ca',h be 100% inclusive to avoid any additional costs short of.an Act of God. A typical So Cal foreman would .be Juan Fernandez; a 30 year veteran in the landscape industry. He manages today So Cal' LA County accounts including hotels, shopping centers, Vernon City Hall, public parks, Fullerton Sports Complex, .and numerous estate properties and commercial complexes. So Cal Land Maintenance prides itself in providing its clients with "State of the Art" equipment and professional employees with technical and practical knowledge in Horticulture and Agronomy. Our prices are fair and our staff is courteous. Work Plan So Cal land maintenance will continue to provide the City with competent employees and the crew will remain the same 2 individuals Glenn Nahrwold and Samuel Carpio, managed by foreman Juan Fernandez. Crew size will be 3 individuals on a weekly basis. We have added an experienced supervisor Jose Luis Solano to oversee your account. Jose worked for me for 4 years previously at Marina Landscape and supervised 85 employees and 230 accounts. He has extensive experience in landscape maintenance, equipment repair and is a certified irrigation tech. Jose will inspect your property bi- weekly and make adjustments in crew size and irrigation schedules as required. Juan and the crew will check in each day with City personnel and follow their direction as required to handle any and all priorities. We will continue to provide services on Thursdays and are available to make schedule changes as directed by the City if required. Crew makeup of the team can be adjusted to meet performance criteria and improve productivity. The supervisor will complete job inspections and produce a written report for management. This report with photos allows So Cal management to guarantee our clients that we are providing the highest level of professional landscape management. The President of the company visits all of So Cal's jobs and meets with management monthly to review job conditions and create action plans to improve site conditions. So Cal has a 24 hour emergency service line. Company Policies are listed in the Employee Handbook that is given to all employees when hired and reviewed annually with all employees. The policies include safety procedures for personal protection, Company policies on handling equipment, vehicle operation; and accident reporting, etc.. Other policies that are included are; Administrative Procedures: A. Change of Address and Telephone Number C. Dress Code for Office 0. File Access E. Letters of Reference - F. Policy on Harassment G. Policy on Smoking H. Transportation Delays I. Travel Policy J. Unauthorized Use of Office Equipment _ K. Internet Usage L. Accidents Personnel Policies - - -' A. Attendance and Absenteeism - B. Employee Probation C. Employee Status/Classification D. Equal Employment Opportunity E. Hours of Work F. Exit Interviews G. Grievance Procedure H. separations I. That Period J. Drug Testing i SoZal is very capable to maintain your property and to provide the resources to complete large renovation projects. Our equipment for this job will be new or less than 4 years old and all equipment and personnel have the company logos and the company name presented at all times. The equipment will include 1—GMC 3500 truck, commercial mowers, edgers, weed eaters, hedge trimmers, walk behind fertilizer spreaders, a Smithco (100 gallon) spray rig, blowers, etc. Trucks will be stocked with irrigation parts, tree stakes and small tools as required. We edge all accounts with a walk behind edger to give a crisp edge to all lawns. Mowers include recycled double blade Honda mowers for finer mOlching. All Pesticide labels and MSDS sheets will be supplied to the City if required prior to any application of pesticides or fertilizer. We continually train our employees through foreman's meetings every Tuesday AM and weekly onsite tailgate safety meetings. /O I I J Q '.R N •Z Q 0 `� S � a �• g A o � � G yl n W W W W W W NI(U: IMF x 0 N 0 0 o w N N m » G y m ao » m 9 5 J c m m g 3 so N of ao 4. N N m 0j; � J G i D T T T T T Q Qi 3. m; o; 3 0 z Q a K ti C m N O D K m w W Y _ O O O O O S W O W O W O S S O � D K m N H ff O c v � D a < O Z O T O D m ' m 3 D Z D w T N J — d K a� a � I I I i i i. SoCal Land Maintenance Job References: Reference: Hydraflow Description: Landscape maintenance of sports fields. Date Work Performed: 04/01/2011-04/01/2012 Staff assigned: Stephen Guise Current Contact Person: Paul Rodolf Owner: Hydraflow Address: 1881 West Malvern Ave Fullerton, CA 92833 Email: prodolf@hydraflow.com Phone: 714-773-2600 Reference: Orange County Head Start, Inc. Description: Maintain the 15 locations throughout Orange County for OCHS. Date Work Performed: 11-21-2011-6/30/2012 Stiff assigned: Stephen Guise Current Contact Person: Leisha Bundy a Owner: Orange County Head Start, Inc. Address- 2501 S. Pullman Street Santa Ana, CA 92705 Email: leisha@ochsinc.org Phone: 714-241-8920 x10259 Reference: Owner: Address: Staff assigned: Locations Performed: City of Anaheim —Various Locations City of Anaheim 200 S Anaheim Blvd Anaheim, CA 92805 Stephen Guise Downtown Area and Boys & Girls Club Project Manager: Allan Hudak Email: ahudakCo@anaheim.net Phone: T. 714-765-4461 F.714-765-5288 Date Work Performed: 01/01/2012-12/31/2012 LAW1 E CORONADO STREET CA lip Juarez, Debbie From: Rigg, Scott Sent: Monday, June 10. 2013 3:14 PM To: Juarez, Debbie Subject: RE: So Cal Land Maintenance - Amendment No. 1 to the Agreement By City Administrator! April 30, 20131 From: Juarez, Debbie Sent: Monday, June 10, 2013 3:13 PM To: Rigg, Scott Subject: So Cal Land Maintenance - Amendment No. 1 to the Agreement Hi Scott. I have the above -referenced agreement. Was this something that was approved by Council or just by the City Administrator? I'm just trying to confirm for my records. Thanks. DeGorah jnarez 94cords 911anagement,4ssistant City of Vernon - City Cferk;s office 4305 Santa TeUenne Vernon, CA 90058 (323) 583-8811 CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: CONTRACT PURPOSE: Gt01�1�1 Plc i..� Sat�Pttc A r �— CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE Wc;OMPETIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES 0 MATERIALS tk-IUDGETED 0 NOT BUDGETED S 9 r z.•t . '3 Z— TOTAL CONTRACT VALUE: $_'. Charge Acct. No(s) G ll . I o U g' . S'9b Zo a Amendment Value $ '"j 90 z, J z ❑ Contract is an Amendment to Contract No. (if Applicable) RESPONSIBLE DEPARTMENT PERSON: S• rr %- Q:c.c. PHONE: X AUTHORIZATION: ❑ Approved by Council on (Check One) Resolution No. (if applicable) l"Approved by City Administrator on Are• 1 30Z.1 , Note: Attach supporting documentation DAmendment Approved by ROUTING SEOUENCE: (Please Follow In Order — Do not use N/A) (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Contract, insurance & bond documents, certifies compliance With Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances And reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor (if applicable) Initials Date Rev. 4/25/13 ME ACORD CERTIFICATE OF LIABILITY INSURANCE . (MM/DDN DAT05131/20 3WY) PRODUCER Phone: (714)001.14IN Fax: (714)901- E,5 BEACHVIEW INSURANCE BROKERAGE - 5011 ARGOSY AVENUE#15 HUNTINGTON BEACH CA 92649 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # A an Lien: OG,I7892 INSURED INSURER A: Oregon Mutual Insurance Company SO CAL LAND MAINTENANCE, INC. ANA E. M CA 9 DO ANAHEIM CA 92808 80 INSURER B: AmTrust Underwriting Limited INSURER C: Everest National Insurance Company P Y INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSF LTR ADUI INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMN POLICY EXPIRATION DATE I"DIVY LIMITS GENERAL LIABILITY COMMERCIALGENERALLIABILITV CLAIMS MADE OCCUR PA1104349500 04/28113 04128114 EACH OCCURRENCE $ 11000,000 X DAMAGE TO RENTED PREMISES(Eaomraenm) $ 100,000 MED. EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 B $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC2,000,000JECTAUTOMOBILE TS-COMP/OPAGG. $X LIABILITY AUTO CXC CAC 5001913000 05/10/13 05/10/14ANY D SINGLE LIMITnq $ 1,000,000ALL OWNED AUTOS VATE$AGGREGATE JURYX SCHEDULEDAUTOS HIRED AUTOS NONAWNEDAUTOS i SURAN E APP OVEen)DILY n) $X � $X X Y OF VERNO RISK M GEM$Y DAMAGEer ACT LCSH"VAUE$D9, GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ E%CE33/UMBRELLA LIABILITY OCCUR CLAIMSAULB DEDUCTIBLE DATE EACH OCCURRENCE $ PAUL RISK D. KI H ANAGER AGGREGATE $ $ $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 7600011094131 04/01/13 10123/13 T/ORYTLIMITS OTHER E.L. EACH ACCIDENT $ 1.000,000 C ANY PROPRIETOWPARTNEME%ECUTIVE OFFR:EWMEMBER EXCLUDED? SPECIAL PROVISIONS below E.L. OISEASE-EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER: DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: ACORD 25 (2001108) Certificate # 8486 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. V i %#-"-. ML Cvnohers 1BRR POLICY NUMBER: PAL1043495 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liabil- ity allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim, loss or liability which is determined to be solely the result of the additional Insured's negligence or solely the additional insured's Responsibility Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". INSURANCE APPROVED CITY OF VERNON RISK MANAGEMENT DO E P L D. KIEHL RISK MANAGER CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Policy # PAL1043495 00 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization.be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are complet- ed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. INSURANCE APPROVED b. CITY OF VERNON RISK MANAGEMENT O-,� DAT WULHL RISK MANAGER All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER:PAL1043495 00 COMMERCIAL GENERAL LIABILITY CG 24 04 06 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. INSURANCE APPt" OVED CITY OF VERNON RISK MANAGEMENT DATE *AUL MDA�NAGER I-EHL CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 _JW; _ . OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vemon, California 90038 Telephone (323) 583-8811 June 11, 2013 So Cal Land Maintenance, Inc. Attn: Stephen Guise, President 3000 E. Coronado Street Anaheim, CA 92806 RE: Amendment No. 1 to Services Agreement — Grounds Maintenance Services Dear Mr. Guise: The insurance requirements have been met. Transmitted herewith is a fully executed copy of the original Amendment No. 1 as referenced above, approved by the City Administrator on April 30, 2013. If you have any questions, please contact Scott Rigg at (323) 583-8811 extension 279. Thank you. Sincer ly, De orah R. Juar Records Management Assistant Enclosure c: Scott Rigg S. Kevin Wilson Purchasing Department Resolution No. 2012-155 Agreement File No. 13-038 E�7,cfusivefy Industrial AMENDMENT NO.1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC., FOR GROUNDS MAINTENANCE SERVICES This Amendment ("Amendment No. I") to that certain Agreement for gro ds RECEIVED maintenance services dated August 1, 2012, (the "Agreement"), is made as of �, 2013, by and between the City of Vernon, a California charter city and municipal I O 4 2013 corporation (the "City"), and So Cal Land Maintenance, Inc., ("Contractor"), a California UN corporation. Community Services WHEREAS, the City and Contractor are parties to a written Agreement dated August 1, 2012, under which Contractor provides grounds maintenance services for City Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public Works Yard and 500' Street apartments; and WHEREAS, the City and Contractor desire to amend the Agreement to extend the Agreement for a period of one year, effective August 1, 2013, for a total amount not to exceed of $29,902.32. A copy of the fee schedule provided by Contractor is attached hereto as Exhibit A. NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows: 1. Pursuant to Section 1(a) of the Agreement, the Agreement has been renewed for an additional one (1) year period, and the Termination Date listed on the Cover Page is changed to July 1, 2014. There is one additional, and final renewal term which the City may exercise according to the terms of the Agreement; there are no further renewal terms beyond that one additional and final renewal term. 2. A new Section 3(b) is added to the Agreement to read, as follows: 3b. Contractor's grand total consideration for the renewal term of this Agreement, from August 1, 2013, to July 1, 2014, shall not exceed the amount of Twenty -Nine Thousand, Nine Hundred, Two Dollars and Thirty -Two Cents ($29,902.32), without prior City Council approval and written amendment of this Agreement. 3. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 4. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. 4. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] - 1 - 052013900 CITY OF VERNON, a California charter city and municipal corporation By: "ov, ax�a Marg C. Whitworth, Ciq Administrator Reed, Interim APPROVE AS TO FORM: (1103 Nicho as George Rodriguez, City Attorney -i- So Cal Land corporation By: Name: Title: By: Nat Titl a California 052013900 AMENDMENT NO.1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SO CAL LAND MAINTENANCE, INC., FOR GROUNDS MAINTENANCE SERVICES This Amendment ("Amendment No. 1") to that certain Agreement for grounds ' �� maintenance services dated August 1, 2012, (the "Agreement"), is made as of - , 2013, by and between the City of Vernon, a California charter city and municipal corporation (the "City"), and So Cal Land Maintenance, Inc., ("Contractor"), a California corporation. WHEREAS, the City and Contractor are parties to a written Agreement dated August 1, 2012, under which Contractor provides grounds maintenance services for City Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public Works Yard and 50's Street apartments; and WHEREAS, the City and Contractor desire to amend the Agreement to extend the Agreement for a period of one year, effective August 1, 2013, for a total amount not to exceed of $29,902.32. A copy of the fee schedule provided by Contractor is attached hereto as Exhibit A. NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows: 1. Pursuant to Section 1(a) of the Agreement, the Agreement has been renewed for an additional one (1) year period, and the Termination Date listed on the Cover Page is changed to July 1, 2014. There is one additional, and final renewal term which the City may exercise according to the terms of the Agreement; there are no further renewal terms beyond that one additional and final renewal term. 2. A new Section 3(b) is added to the Agreement to read, as follows: 3b. Contractor's grand total consideration for the renewal term of this Agreement, from August 1, 2013, to July 1, 2014, shall not exceed the amount of Twenty -Nine Thousand, Nine Hundred, Two Dollars and Thirty -Two Cents ($29,902.32), without prior City Council approval and written amendment of this Agreement. 3. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 4. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. 4. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] - 1 - 052013900 CITY OF VERNON, a California So Cal Land Maintenance, I �., a California charter city and municipal corporation corporation (-\ n / APPROVED TO FORM: 6 /6113 Nicholas George Rodriguez, City Attorney -2- By: Name: Title: By: Name: Title: S.e� I Ann u0ocett . 052013900 EXHIBIT A 05/16/2013 Scott Rigg City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 Re: Fee Schedule, City of Vernon 2013-2014 Dear Mr. Rigg, 5o Cal Land Maintenance, Inc. would like to thank you for the opportunity to submit a proposal for the landscape maintenance at the property listed above. Below is the fee schedule for the landscape maintenance services for City of Vernon. 2013-2014 Fee Schedule: Facility Monthly Cost City Hall $1,089.36 Fire Station No.2 $156.06 Light & Power $311.10 Petrellt Building 156.06 Public Works Building 156.06 501' Street Apartments 1$623.22 Total Monthly Coat 1$2,491.86 If you have any questions wHh regard to this request, please feel free to contact me at (714) 1 4. Thank you, So Cal Land Maintenance, Inc. So Cal Land Maintenance, Inc, - 3000 East Coronado Street, Anaheirn, CA 92806 P: 714-231-1454, P: 714-630.9471 CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: May 20, 2013 TO: Samuel Kevin Wilson, Director of Community Services & Water FROM: Nicholas Rodriguez, City Attorney RE: So Cal Land Maintenance, Inc. - Amendment No. 1 I have received and reviewed the Memorandum dated May 13, 2013, and the attachments thereto. Attached please find Amendment No. 1 to the Services Agreement for grounds maintenance services. NR:em Enclosures 17 MA 2013 D CITYATTORNEY DEPT. COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-6 TO: Nicholas Rodriguez, City Attorney FROM: Samuel Kevin Wilson, Director of Community Services and Water DATE: May 13, 2013 SUBJECT: Amendment No.1 extending the Services Agreement between the City of Vernon and So Cal Land Maintenance, Inc. for Grounds Maintenance Services for a period of one-year Please find the attached memorandum from the City Administrator authorizing the City Attorney's office to prepare Amendment No. 1 to the existing Services Agreement (Agreement) between the City of Vernon and So Cal Land Maintenance, Inc. for Grounds Maintenance Services. The Department of Community Services and Water is respectfully requesting that the City Attorney's office prepare Amendment No. 1 extending the existing Agreement for a period of one-year. The proposed Amendment should stipulate that So Cal Land Maintenance, Inc. will provide the said service at a not -to -exceed cost of approximately $29,902.32 per year. This expenditure will be placed in the 2013-2014 fiscal year budget. Thank you. SKW/sr Enclosures F:\Srdl\S \MY Documrnts\ --& M� CamaztingWgrt 3013\Cq Aft m So Cd lad MeintaurKe.d. DECEIVED APR 3 0 2013 CITY ADMINISTRATION �N6Li \\\JJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilsor' Director of Community Services and Water DATE: April 29, 2013 SUBJECT: Authorization to have the City Attorney's office prepare Amendment No. 1 extending the existing Services Agreement for Grounds Maintenance Services between the City of Vernon and So Cal Land Maintenance, Inc. for a period of one-year The Department of Community Services and Water (Department) is seeking authorization to have the City Attorney's office draft Amendment No. 1 extending the Services Agreement between the City of Vernon and So Cal Land Maintenance, hic., for Grounds Maintenance Services for a period of one-year with a 2.0 percent increase in costs. Under Section No. l(a) `Tenn and Time Performance" of the existing Services Agreement, it states that the City may renew this Agreement on a year-to-year basis at its discretion. In addition, the Consumer Price Index for the Los Angeles area reflected a 2.2 percent increase from February 2012 to February 2013. The proposed 2.0 percent price increase amounts to an annual increase of approximately $586.32. The annual -cost of service shall not exceed $29,902.32. The Agreement will be made effective August 1, 2013, and terminate effective July 1, 2014. The City issued Request for Proposals to prospective contractors in June of 2012 in order to solicit competitive bids for Grounds Maintenance Services. The Grounds Maintenance Agreement was ultimately awarded to So Cal Land Maintenance, Inc., effective August 1, 2012. The proposed Amendment No. 1 stipulates that So Cal Land Maintenance, hie. will provide the said service at a not -to -exceed cost of $29,902.32. This expenditure will be budgeted in.the 2013-2014 fiscal year under Account No. 0 11. 1 049.596200-Professional Services Other. SKW/sr Enclosures F:ASmn\S=\My Do m ntAGwMs Malmmmm CmradneVsgrmnsm M 13\CWy Admina wS Cal Lad Mai�w,. Rigg, Scott From: Steve Guise [sguise@socalim.com] Sent: Wednesday, April 10, 2013 9:10 AM To: Rigg, Scott Subject: RE: So Cal Land Monthly Proposal Good afternoon Scott, I looked at the CPI for this year and January was 8%and February 7%with last year at 2.2 . The gasoline pricing is a big factor for the increased pricing. I am asking for a 2% increase for the next year. Let me know if this works for you. Stephen Guise President SO CAL LAND MAINTENANCE, INC. 3000 E CORONADO STREET ANAHEIM, CA 92806 T.714.231.1454 F.714.630.9471