HomeMy WebLinkAboutItem No. 10 Golden State Bail PurchaseText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-271
Agenda Date: 8/13/2019 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 10)
Page 1 City of Lake Elsinore Printed on 8/8/2019
Page 1 of 1
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Approved by:Johnathan O. Skinner, Community Services Director
Date:August 13, 2019
Subject:Golden State Bait Purchase Contract
Recommendation
Approve and authorize the City Manager to execute the Short Form Purchase Contract for fish
stocking services provided by Golden State Bait in the not to exceed amount of $75,000.00.
Background
Each year the City of Lake Elsiore stocks Largemouth Bass, Catfish, Bluegill, Redear Sundfish
and Black Crappie. The fish stockings help to balance the ecology of the lake and encourage
recreational sport fishing.
Discussion
The City has continued the process of identifying a single fish supplier that can meet the
approved specicies needs for Lake Elsinore. As a result, City staff reached out to several
vendors regarding their ability to supply services. Golden State Bait, Inc. has agreed to meet the
requested fish stocking supply services. Golden State Bait, Inc. has been a supplier of fish to
Lake Elsinore for the past five years and the quality of the fish has been well received by the
angler population.
Fiscal Impact
The Purchase Contract shall not to exceed $75,000 and is budgeted in the FY19-20 Annual
Operating Budget.
Exhibits
A - Purchase Contract
Golden State Bait, Inc. Service Contract
August 13, 2019 1
City of Lake Elsinore
SHORT FORM PURCHASE CONTRACT
The parties to this Short Form Purchase of Goods
and/or Services Contract (Contract) do mutually agree
and promise as follows:
1. Parties: The parties to this Contract are the CITY
OF LAKE ELSINORE, a municipal corporation (City)
and the following named Contractor:
Name: Golden State Bait, Inc. ___________
Street Address: 6554 S. Healy Road______
City/State/Zip: Merced, CA 95340________
Telephone:(925) 963-9996______________
Email: goldenstatebait@aol.com__________
Taxpayer ID #: 20-8463451______________
City Business License #:LIC-2017-01826
2. Term: The effective date of this contract is 8/13/19
and it terminates 6/30/20 unless sooner terminated as
provided herein.
3. Contractor’s Obligations:
(a)To the satisfaction of the City’s Project
Manager, Contractor shall provide the following
goods and/or services: (Attach extra sheet/s if
necessary)
Provide fish stocking services for Lake
Elsinore in accordance with the attached
quote.
(b)Contractor shall perform the above-referenced
services at or to the following specified
location/s: (Attach extra sheet/s if necessary)
Launch Pointe
32040 Riverside Drive
Lake Elsinore, CA 92530
4. Supplemental Conditions: This Contract is
subject to the Supplemental Conditions attached
hereto, which are incorporated herein by reference.
5. Compensation:Contractor’s total compensation
for the goods and/or services performed under this
Contract is $75,000.00, to be paid as (check one): (1)
lump sum upon completion of all Contractor’s
Obligations; (2) lump sum per-task in the amounts
indicated below, payable upon completion of each task;
(3) lump sum per-task in the amounts indicated
below, payable in monthly installments not to exceed
the percentage completion of each task; (4) per
attached written quote, up to a guaranteed not-to-
exceed amount of $75,000.00.
Task Amount
1. Provide fish stocking services for
Lake Elsinore
$75,000.00
2.
3.
6. Signatures: These signatures attest the parties’
agreement hereto:
CONTRACTOR:
Golden State Bait, Inc. ________________
By: ____________________________________
CITY OF LAKE ELSINORE:
By: ___________________________________
City Manager
By: ___________________________________
Deputy City Clerk
Approved as to content/Insurance:
By: ___________________________________
City Purchasing Agent/Risk Manager
Golden State Bait, Inc. Service Contract
August 13, 2019 2
City of Lake Elsinore
SUPPLEMENTAL CONDITIONS
1.Independent Contractor. It is expressly agreed that Contractor is to perform or
deliver the goods and/or services described herein as an independent contractor
pursuant to California Labor Code Section 3353, under the control of the City as
to the result of his work only but not as to the means by which such result is
accomplished. Nothing contained herein shall in any way be construed to make
Contractor or any of its agents or employees, an agent, employee or
representative of the City. Contractor shall be entirely responsible for the
compensation of any assistants, employees, and subcontractors used by
Contractor in providing said goods and/or services.
2.Cancellation. Either the City or Contractor may cancel this Contract at any time
upon giving the other party five (5) calendar days' written notice of such
cancellation. In the event of cancellation, the City shall be liable only to pay to
the Contractor compensation for services rendered up to the date of the
Contract's cancellation. Under no circumstances shall City be responsible for
payment of lost profits, or damages beyond the total amount of compensation set
in this Contract.
3.Assignment. Contractor shall not assign this Contract, or any part thereof, or any
right of the Contractor hereunder without the prior written consent of the City.
4.Indemnity. Contractor shall indemnify, defend and hold the City harmless from
and against all claims, demands and causes of action for injury, death or damage
to any person or property that may arise or result from Contractor's performance
of this Contract or from acts or omissions of any person(s) employed by
Contractor.
5.Anti-Discrimination. Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religious creed, age, sex, actual
or perceived sexual orientation, national origin, disability as defined by the
American with Disabilities Act (42 U.S.C. § 12010, et seq.) or veteran’s status. To
the extent applicable, Contractor shall comply with all federal, state, and local
laws regarding non-discrimination, equal employment opportunity, affirmative
action and occupational-safety-health concerns, shall comply with all applicable
rules and regulations thereunder, and shall comply with same as each may be
amended from time to time.
6.Legal Responsibilities. The Contractor shall keep itself informed of State, and
Federal laws and regulations and the Lake Elsinore Municipal Code which in any
manner affect those employed by it or in any way affect the performance of its
service pursuant to this Contract. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the
Contractor to comply with this section.
7.Insurance. During the entire term of this Contract and any extension or modification
thereof, the Contractor shall keep in effect insurance policies meeting the following
insurance requirements:
Golden State Bait, Inc. Service Contract
August 13, 2019 3
City of Lake Elsinore
7.1 Commercial General and Automobile Liability Insurance.
Contractor, at its own cost and expense, shall maintain commercial
general insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence, coverage and automobile liability
insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence for the term of this Contract. If a
Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under
this Contract or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefore, and damage to property resulting from
activities contemplated under this Contract, including the use of owned
and non-owned automobiles. The following endorsements shall be
attached to the policy:
7.1.1 Policy shall cover on an "occurrence basis."
7.1.2 Policy must cover personal injuries as well as bodily injuries.
Exclusion of contractual liability must be eliminated from personal
injury endorsement.
7.1.3 Broad form property damage endorsement must be attached.
7.1.4 Policy must cover contractual liability by amending the definition of
"incidental contract" to include any written contract.
7.1.5 The City, its officers and employees shall be named by
endorsement as an additional insured, and the policy shall stipulate
that this insurance will operate as primary insurance and that no
other insurance effected by the City will be called upon to contribute
to any loss suffered by Contractor hereunder.
7.2 Worker's Compensation.
The Contractor, at its own cost and expense shall carry and maintain
statutory Worker's Compensation Insurance and Employer's Liability with
limits of not less than One Million Dollars ($1,000,000) with an insurance
carrier satisfactory to the City. In the event Contractor is self-insured, it
shall furnish the City with a Certificate of Permission to Self-Insure signed
by the Department of Industrial Relations Administration of Self-Insurance
in Sacramento, California. If any injury occurs to any employee of
Contractor for which the employee, or his dependents in the event of his
death, is entitled to compensation from the City, the City may retain out of
sums due the Contractor under this Contract an amount sufficient to cover
such compensation as fixed by said Act, until such compensation is paid
Golden State Bait, Inc. Service Contract
August 13, 2019 4
City of Lake Elsinore
or until it is determined that no compensation is due and if the City is
compelled to pay such compensation, it will deduct and retain from the
sums due the Contractor the amount so paid.
7.3 Additional Insurance Provisions.
Said policies shall constitute primary insurance as to the City, and its
officers, agents, and employees, so that other insurance policies held by
or for them or the City’s self-insurance program shall not be required to
contribute to any loss covered under the Contractor's insurance policy or
policies.
7.4 Coverage Verification.
8.4.1 Upon notification of receipt by the City of a notice of cancellation,
major change in coverage or expiration, Contractor shall file with
the City a certified copy of the required new or renewal policy.
8.4.1 If, at any time during the life of the Contract or any extension
thereof, Contractor fails to maintain the required insurance in full
force and effect, all work under the Contract shall be discontinued
immediately and all payments due or that become due to the
Contractor will be withheld until notice is received by the City that
the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period
satisfactory to the City. Any failure to maintain the required
insurance will be sufficient cause for City to immediately terminate
the Contract.
8.Payment of Prevailing Wages.
Contractor is aware of the requirements of California Labor Code Section
1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on
“Public Works” and “Maintenance” projects. If the services are being performed
as part of an applicable “Public Works” or “Maintenance” project, as defined by
the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor
shall determine the applicable prevailing rates and make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker
needed to execute the services available to interested parties upon request,
and shall post copies at the Contractor’s principal place of business and at the
project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. The provisions of this Section may be waived in if inapplicable to the
services provided hereunder.
Golden State Bait, Inc.Service Contract
August 13, 2019 5
City of Lake Elsinore
GOLDEN STATE BAIT,INC
6554 Healy Road
Merced,CA 95341
Phone (209)384-474
Fax (209)385-3474
goldenstatebait@aol.com
7/31/2019
Mr.Skinner,
Thank you again for the opportunity to provide a quote. The fish that we will have available this year are:
Large Mouth Bass (Micropterus Salmoides) $10.50per pound 1pound plus size fish
Black Crappie (Pomoxis Nigromaculatus) $3.50 -$5.00 per fish depending on size availability at time or order
Blue Gill (Lepomis macrochirus)$3.50 -$5.00 per fish depending on size availability at time or order
Red Ear Sunfish (Lepomis microlophus) $3.50 -$5.00 per fish depending on size availability at time or order.
Channel Catfish (Ictalurus punctatus) $4.75 per pound Average 2-5lbs
The fish amounts per species to be completed at the time of order but this quote is not to exceed $75,000.00
Sincerely,
Stefani Saylor Golden State
Bait,Inc