HomeMy WebLinkAboutItem No. 14 2021 Golden State Bait Fish Stocking Contract - Wiper Fish PurchaseCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-149
Agenda Date: 4/27/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 14)
2021 Golden State Bait Fish Stocking Contract - Wiper Fish Purchase
Authorize the City Manager to execute the Short Form Purchase Agreement for fish stocking services
provided by Golden State Bait in the not to exceed amount of $30,000.00.
Page 1 City of Lake Elsinore Printed on 4/22/2021
Page 1 of 1
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Approved by: Johnathan O. Skinner, Director of Community Services
Date: April 27, 2021
Subject: Golden State Bait Purchase Contract – Wiper Fish Purchase
Recommendation
Approve and authorize the City Manager to execute an Contract for fish stocking services
provided by Golden State Bait in not to exceed the amount of $30,000.00.
Background
Each year the City of Lake Elsinore stocks Largemouth Bass, Catfish, Bluegill, Redear Sunfish,
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 species 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 six years and the quality of the fish has been well received by the
angler population. Also, Golden State Bait, Inc., in conjunction with the City of Lake Elsinore
and the California State Department of Fish and Wildlife, has received approval to once again
restock Lake Elsinore with a Hybrid Wiper fish, popular from 2005-13 and have not been
available in California since 2005. The Wiper fish requires a special permit and Golden State
Bait is the only company in California that possesses the state-approved permit.
Fiscal Impact
The purchase shall not exceed $30,000 and is budgeted in the FY20-21 Annual Operating
Budget Recreation Department.
Exhibits
A – Golden State Bait – Fish Stocking Identification
B – Golden State Bait – Short Form Purchase Contract
SHORT FORM PURCHASE OF GOODS AND/OR SERVICE 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:
Street Address:
City/State/Zip:
Telephone: Fax:
Email: _________________________________
Taxpayer ID #: __________________________
City Business License #: _________________
2.Term: The effective date of this contract is
__________and it terminates ____________
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)
(b) Contractor shall perform the above-
referenced services or delivery the required
goods at or to the following specified
location/s: (Attach extra sheet/s if
necessary)
___________________________________
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 $ , 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
$ .
Task Amount
1.
2.
3.
4.
6.Signatures: The person executing this
Agreement on behalf of Contractor warrants and
represents that he/she has the authority to
execute this Agreement on behalf of Contractor
and to bind Contractor to perform its obligations
hereunder. These signatures attest the parties’
agreement hereto:
CONTRACTOR:
_______________________________________
By:____________________________________
CITY OF LAKE ELSINORE:
By: ___________________________________
City Manager
Attested by: ____________________________
City Clerk
Approved as to content/Insurance:
By: ___________________________________
City Purchasing Agent/Risk Manager
Short Form Goods or Services Contract 1
Name and Title
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 Contractor's 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.Termination. Either the City or Contractor may terminate this Contract with or
without cause at any time upon giving the other party five (5) calendar
days' written notice of such termination. In the event of termination, the City
shall be liable only to pay to the Contractor compensation for goods delivered or
services rendered up to the date of the Contract's termination. 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.This indemnity shall survive expiration or termination of the Purchase
Order or final payment thereunder.
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. Contractor shall comply with all local, state and federal
laws and regulations applicable to the goods or services required hereunder,
including any rule, regulation or bylaw governing the conduct or performance of
Contractor and/or its employees, officers, or board members. Contractor
represents that it has obtained and will maintain at all times during the term of this
Contract all professional and/or business licenses, certifications and/or permits for
necessary for delivering the goods or performing the services described in this
Contract, including a City business license.
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:
Short Form Goods or Services Contract 2
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 in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence, combined single limit coverage for
risks associated with the work contemplated by 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 Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached
thereto, the protection offered by all policies, except for Worker's
Compensation, shall bear an endorsement whereby it is provided
that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation,
the City Manager and City Attorney, are named as additional
insureds. Additional insureds shall be entitled to the full benefit of all
insurance policies in the same manner and to the same extent as
any other insureds and there shall be no limitation to the benefits
conferred upon them other than policy limits to coverages.
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
7.1 Commercial General and Automobile Liability Insurance.
Short Form Goods or Services Contract 3
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 or until it is determined that no compensation is due and if the
City is compelled topay 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.
7.4.1 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.
7.4.2 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 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.
Short Form Goods or Services Contract 4
9.
At any time during the term of this Contract, the City reserves the right to make
an independent investigation into the background of Contractor’s personnel who
perform work required by this Contract, including but not limited to their
references, character, address history, past employment, education, social
security number validation, and criminal or police records, for the purpose of
confirming that such personnel are lawfully employed, qualified to provide the
subject service or pose a risk to the safety of persons or property in and around
the vicinity of where the services will be rendered or City Hall. If the City makes a
reasonable determination that any of Contractor’s prospective or then current
personnel is deemed objectionable, then the City may notify Contractor of the
same. Contractor shall not use that personnel to perform work required by this
Contract, and if necessary, shall replace him or her with a suitable worker.
Background Checks
Short Form Goods or Services Contract 5
11.
10.Amendment
Any amendments to this Contract must be in writing, signed by both parties and
affixed hereto.
Entire Agreement
This Contract contains the entire understanding between the parties relating to the
obligations described herein. All prior or contemporaneous understandings,
agreements, representations and statement, oral or written, are superseded in
total by this Contract and shall be of no further force or effect.
GOLDEN STATE BAIT, INC
6554 Healy Road
Merced, CA 95341
Phone (209) 384-474
Fax (209) 385-3474
goldenstatebait@aol.com
04/15/2021
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) $11.50 per 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
Wipers (Sterile Hybrid Stripe Bass) $0.60 each with a minimum of 50,000 head order
The fish amounts per species to be completed at the time of order but this quote for Wipers is not to exceed $30,000.00
Sincerely,
Stefani Saylor
Golden State Bait, Inc