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Item No. 06 Golden State Bait Service Contract Fish Stocking Svs
City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-352 Agenda Date: 9/26/2017 Status: PassedVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 6) Golden State Bait Service Contract for Fish Stocking Services Authorize the City Manager to execute the service contract for fish stocking services in an amount of $50,000.00 with Golden State Bait as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 6/28/2022 Page 1 of 2 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:September 26, 2017 Subject:Golden State Bait Service Contract Recommendation Approve the Service Contract for Golden State Bait for fish stocking services. 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 State of California Department of Fish and Wildlife Registered Aquaculturists’ 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. is a supplier that has all species at one location. Golden State Bait, Inc. has been a supplier of fish to Lake Elsinore for the past four years and the quality of the fish has been well received by the angler population. The amount of species varies based on time of year and size of fish. Currrently, Largemouth Bass, Channel Catfish, Bluegill, Black Crappie and Redear Sunfish are stocking in the Lake. The current price list (attachment B) shows the species and pricing. By purchasing from one supplier, transportation costs are included in the price for the fish, over $1,000 per delivery. We hereby present to you the Service Contract for Golden State Bait, Inc. for fish stocking services. Fiscal Impact The Contract shall not-to-exceed $50,000 and is covered under the Community Services Department budget. Staff will continue to research various other species of fish conducive to Lake Elsinore’s aquaculture and will not exceed the approved amount. Exhibits Page 2 of 2 A - Service Contract B – Golden State Bait – 2017 Price List SHORT FORM PURCHASE OF 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: Golden State Bait. Inc. Street Address: 6554 S. Healy Road City/State/Zip: Merced, CA 95340. Telephone: 925 963-9996 Email: goldenstatebaitCci).aol.com Taxpayer ID #: _ � — City Business License #:-1C-,20a 2. Term: The effective date of this contract is 9/26/17 and it terminates 6/30/17 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) La Laguna Resort and Boat Launch 32040 Riverside Drive Lake Elsinore, CA 92530 5. Compensation: Contractor's total compensation for the goods and/or services performed under this Contract is $50,000.00, 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 peRask 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 $50,000.00. Task Amount 1. Provide fish stocking services for $50,000.00 Lake Elsinore 2. 3. 6. Signatures: These signatures attest the parties' agreement hereto: CONTRACTOR: Golden State i3ait, Inc. By: CITY OF LAKE ELSINORE: By. City Manager By: City Clerk 4. Supplemental Conditions: This Contract is subject Ap roved as to content/Insurance: to the Supplemental Conditions attached hereto, which are incorporated herein by reference. B ity Purchasing Agent/Ri Ma alter v � Golden State Bait, Inc. Service Contract September 7, 2017 City of Lake Elsinore PPLEMENTAL CONDITIONS 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 September 7, 2017 City of Lake Elsinore 7.1 Commercial General and Automobile Liabilitv 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 or until it is determined that no compensation is due and if the City is compelled to Golden State Bait, Inc. Service Contract September 7, 2017 3 City of Lake Elsinore pay such compensation, it will deduct and retain from the sums due the Contractor the amount so paid. 7.3 Additional Insurance Provisi 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 September 7, 2017 4 City of Lake Elsinore AC"RD� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDI'f r 2/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endoreement(s). PRODUCER Barlocker Insurance Agency, Inc. License #0580438 1164 Olivewood Dr. Merced CA 95348 CONTACTSOCOrrO Jurado NRME: PHONE (209)383-0220 FAX (209)383-5124 E-MAILAgggggj.sjurado@barlocker.com INSURE S AFFORDING COVERAGE NAIC9 INSURERA:Nationwide Agribusiness 1028223 INSURED Brad & Stefani Saylor dba: Golden State Bait, Inc. 6554 South Healy Road Merced CA 95340 INSURERB:State Compensation Insurance 35076 INSURERC: INSURERD. INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER:CL1721501970 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE POLICYNUNaER MOLIp EFF POE. pYF�P LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 R MI ES a $ 50,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE OCCUR X EFPK7 8 0 2 5 6 5 8 3 6 2/28/2017 2/28/2018 MEDEXP(Anyoneperson) $ 5,000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 1,000,000 $ X POLICY PRO LOC AUTOMOBILE LIABILITY Ea adeOn ENGUE LIMIT 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS X FPKBAN7802565836 ?/28/2017 2/28/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE P4ra deal $ Unkleuredmolodstcombned $ 1 000,000 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION WC STATU- OTH- J ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E L EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N/A 3075610-16 E0/14/2016 10/14/2017 EL DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE- POLICY LIMIT $ 1.000 000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule, IT more space In required) The City of Lake Elsinore , its officers and employees shall be named as additonal insured in regards to project: Fish stocking services for Lake Elsinore at La Laguna Resort and Boat Launch, 32040 Riverside Drive, Lake Elsinore, CA 92530 kir" I Ir N:A I r- 1`11L3LUCK %.PkNL,CLLA I lum City of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Socorro Jurado/SOO-URA -- ���� iA, ACORD 25 (2010105) INS025 (201005) 01 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD § $ ¢ �)a �$9 22_ k§� " § {kJ( � §2 / Z �$(E L&j E V 22aK tA $k£t ;A z ��o2 §)2a � 422E Golden State Bait 6554 S. Healy Road Merced, Ca 95341 209-384-3474 Office 209-385-3474 Fax Channel Catfish Black Crappie Large Mouth Bass 2-3”------1.75each 1-3”-----2.00each 1-2”-----2.25each 4-5”------2.00each 4-5”-----3.00each 3-4”-----3.25each 6-8”------2.50each 6-7”-----5.75each 5-6”-----5.25each 9-11”-----3.00each 7-8”-----7.25each 1#-3#---4.50/# 9-10-----8.25each 1#plus---11.00/# Bluegill Red Ear Sunfish 1-3-----1.50each 1-3”----1.75each 4-4.5”--2.50each 4-4.5”--3.00each Fathead Minnows $300.00/1000 Prices subject to change without notification