03.16 Weed Abatement Services FY 19-20 o�o�,�`
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9:� �=2 AGENDA ITEM
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�OU��P' J u ne 11, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Chris Boyd, Interim Fire Chief �.�
REVIEW: City Mana er Finance�
_ 1 . SUBJECT
Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year
2019-2020.
2. SUMMARY
The Fire Department is requesting City Council approval for the renewed Consultant
Services Agreement between the City of Orange and The Jungle Nursery, Inc. for Fiscal
Year 2019-2020 for Fire Department weed abatement services on City and private lots.
The majority of these services are used for City owned lots.
3. RECOMMENDED ACTION
Approve the agreement with The Jungle Nursery, Inc., in an amount not to exceed
$96,250 for weed abatement services and authorize the Mayor and the City Clerk to
execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this agreement is $96,250 and will be funded through General
Fund (100). �
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
Each year, the Fire Department is responsible for clearing dead vegetation from certain
designated City owned lots. These lots are cleared twice a year by a private landscape
company. In addition, the Fire Department is responsible for ensuring private property
owners clear their own lots. If, after multiple notices private property owners fail to clear
their lots, the Fire Department will arrange for a private vendor to perform the service. If
ITEM 3. � �P � � 06/11f2019
this is necessary, it is the property owner's responsibility to reimburse the City the costs
incurred from weed abatement services on private lots.
In October of 2013, City Staff initiated a Request for Proposal (RFP) soliciting competitive
bids for Weed Abatement Services. The Jungle Nursery, Inc. received the highest score
based on: customer service (ability to assign a lead worker to the project), previous
experience, and competitive cost, and was awarded the contract. Since that time, the Fire
Department has been extremely satisfied with their services and is requesting to renew
the Weed Abatement Services Agreement with this vendor for Fiscal Year 2019-2020.
The one year cost for the Agreement is $96,250, of which approximately $90,000 is
dedicated for weed abatement efforts on City property.
7. ATTACHMENTS
1. Consultant Services Agreement between the City of Orange and The Jungle
Nursery, Inc. for Fiscal Year 2019-2020.
2. Weed Abatement Contract Renewal Pricing from The Jungle Nursery, Inc.
ITEM 2 06/11/2019
WEED ABATEMENT SERVICES AGREEMENT
THIS WEED ABATEMENT SERVICES AGREEMENT (the "Agreement") is made
at Orange, California, on this day of ,2019 (the"Effective Date")
by and between the CITY OF ORANGE, a municipal corporation ("City"), and THE JCTNGLE
NURSERY, INC., a California corporation("Contractor"),who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by this reference. As a material inducement to
City to enter into this Agreement, Contractor represents and warrants that it has thoroughly
investigated and considered the scope of services and fully understands the difficulties and
restrictions in performing the work. Contractor represents that it is experienced in performing the
work and will follow the highest professional standards in performance of the work. All services
provided shall conform to all federal, state and local laws, rules and regulations and to the best
professional standards and practices. The terms and conditions set forth in this Agreement shall
control over any terms and conditions in Exhibit "A" to the contrary. �
The Fire Department Administrative Staff Captain("City's Project Manager"), shall be the
person to whom Contractor will report for the performance of services hereunder. It is understood
that Contractor's performance hereunder shall be under the direction and supervision of City's
Project Manager(or his/her designee),that Contractor shall coordinate its services hereunder with
City's Proj ect Manager to the extent required by City's Proj ect Manager,and that all performances
required hereunder by Contractor shall be performed to the satisfaction of City's Project Manager �
and the City Manager.
2. Compensation,Term and Fees.
a. Contractor's total compensation for all services performed under this
Agreement shall not exceed NINETY-SIX THOUSAND TWO H[TNDRED FIFTY DOLLARS
and 00/100 ($96,250.00)without the prior written authorization of the City.
b. The above fee shall include all costs, including, but not limited to, all
clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto or equipment
rental, subsistence and all related expenses.
3. Payment. ,
a. � As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Chan�e Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. The amendment shall set forth the changes of work, extension of
time, and adjustment of the compensation to be paid by City to Contractor.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement. `
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees,including compliance with social security,withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that Contractor and any subcontractors, agents or employees employed
by Contractor shall not, under any circumstances, be considered employees of the City, and that
they shall not be entitled to any of the benefits or rights afforded employees of the City,including,
but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System
benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not A�ent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity wliatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Desi�nated Persons. Except as otherwise authorized by the City's Project
Manager, only those persons appropriately qualified shall perform work provided for under this
Agreement. It is understood by the parties that clerical and other nonprofessional work may be
performed by persons other than those designated.
9. Assi�nment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
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or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his designee.
10. Time of Completion. Contractor agrees to commence the work provided for in
this Agreement, on an as needed basis, immediately after the Effective Date as set forth in the
Agreement. This Agreement shall be effective through June 30,2020,unless otherwise ternunated
as set forth herein.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Egtensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the �
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Reserved.
15. EQual Emplovment Opportunitv. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin,mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex,national origin,mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
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c. Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a contractor to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnitv.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City(collectively the "Indemnitees") entirely harmless from all liability arising
out of:
(1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's contractor's
employees arising out of Contractor's work under this Agreement; and
(2) Any claim,loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or omission of the
Contractor, or person, firm or corporation employed by the Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's properiy; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. The Contractor, at Contractor's own expense, cost and
risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or
instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and
shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in
any action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, Contractor agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
death of persons or damage to property caused by the negligent professional act or omission in the
perforxnance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
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18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage andlor limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned,non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10
O1. In lieu of an endorsement, City will accept a copy of the policy(ies)which evidences that City
is an additional insured as a contracting party. The minimum coverage required by Subsection
18.b and c, above, shall apply to City as an additional insured.
f. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
g. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least ,
ten(10) days' prior written notice to City.
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h. All insurance maintained by Contractor shall be issued by companies
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition.of Best's Key Rating Guide.
i. Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
j. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
k. Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days written notice of intent to terminate. Upon receipt of such
notice, the Contractor shall immediately cease work, unless the notice from City provides
otherwise. Upon the termination of this Agreement, City shall pay Contractor for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Agreement,unless termination by City shall be for cause,in which event City
may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
"records")pertaining to the costs of and completion of services performed under this Agreement.
City and any of their authorized representatives shall have access to and the right to audit and
reproduce any of Contractor's records regarding the services provided under this Agreement.
Contractor shall maintain all such records for a period of at least three (3)years after termination
or completion of this Agreement. Contractor agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three(3)days'notice from
City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
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b. Contractor represents and warrants that Contractor:
(1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
(IRCA); and
(2) Has not and will not knowingly employ any individual to perfortn
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
(3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without lunitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
(4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
c. Contractor shall require all subcontractors to make the same representations
and warranties as set forth in Section 21.b.
d. Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by the Contractor. Once such request has been made, Contractor may
not change employees working under this Agreement without written notice to City, accompanied
by the verification required herein for such employees.
e. Contractor shall require all subcontractors to make the same verification as
set forth in Section 21.d.
f. If Contractor, subcontractor or sub-consultant lrnowingly employs an
employee providing work under this Agreement who is not authorized to work in the United States,
and/or fails to follow federal laws to determine the status of such employee shall constitute a
material breach of this Agreement and may be cause for immediate termination of this Agreement
by the Ciry.
g. The Contractor agrees to indemnify and hold City, its officials, and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures, City may sustain by reason of the Contractor's failure to comply with said
laws,rules and regulations in connection with the performance of this Agreement
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22. Governin� Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integrallon. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
, which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either e-mail or U.S. Mail. Notices shall be
deemed received upon receipt of same or within(3)days of deposit in the U.S. Mail,whichever is
earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
"CONTRACTOR" "CITY"
The Jungle Nursery, Inc. City of Orange
1900 Sawtelle Blvd. 300 E. Chapman Avenue
Los Angeles, CA 90025 Orange, CA 92866-1591
Attn.: John Cohn Attn.: The Administrative Staff Captain
Telephone No.: 310-402-3263 Telephone No.: 714-288-2506
E-Mail Address: john@thejungle.biz E-Mail Address: mnelson@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
[Remainder ofpage intentionally leftblank;signatures on nextpageJ
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
"CONTRACTOR" "CITY"
THE JCTNGLE NURSERY, INC., CITY OF ORANGE, a municipal corporation
a California corporation
By: By:
Printed Name: Mark A. Murphy,Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Bvard, the President or a Vice President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office,please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
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Landscape•Earth Services•Tree Care•Nursery
California License No.957522
Classifications: A C27,D49
SBA 8a,DBE,MB�,CBE,SB
� SCOPE OF SERVICES
CITY OF ORANGE
WEED AND BRUSH ABATEMENT
2019-2020
The services provided by The Jungle Nursery, Inc. under contract for the City of Orange
are as follows:
1. To clear weeds and brush (and other natural fuels, e.g., dead trees or limbs) as
directed by the City of Orange Fire Department to reduce flammable fuels and to
create "defensible space" in the event of fire.
2. To provide weed suppression through the application of "pre-emergent"
herbicides as directed and where appropriate by the City of Orange Fire
Department.
5710 W. Manchester Avenue Suite 207
Los Angeles CA 90045
Phone: (310) 235-2875 Fax: (310) 388-5783
Contract Renewal . . .,
.� � , ,
6/6/2018
City o range rus ontro
� Lic 957522(A,C-27,D�9)
No. Parcel APN Clear Spray Total
1 085-531 $235 $144 $379
2 093-031-02 $241 $148 $389
3 360-391-09 $174 $107 $281
4 372-701-22 $41 $25 $66
5 378-162-01 $120 $74 $194
6 379-331-18 $241 $148 $389
7 383-071-06 $248 $152 $400
8 383-071-26 $61 $37 $98
9 383-071-40 $34 $21 $55
10 383-161-17 $127 $79 $206
11 383-181-12,28 $891 $548 $1,439
12 390-021-03 $1,714 $1,055 $2,769
13 390-351-03,04,05 $1,567 $964 $2,531
14 390-591-08 $911 $560 $1,471
15 ARR-5 $1,098 $676 $1,774
16 370-270-01 $13,700 $8,905 $22,605
17 370-152-01 $502 $310 $812
18 370-171-01 $408 $252 $660
19 370-181-01 $784 $482 $1,266
20 370-194-01 $2,910 $1,788 $4,698
21 Horse Trail* $2,678 $2,678 $5,356
22 390-453-07 $1,065 $655 $1,720
1/2 YEAR TOTALS $29,750 $19,808 $49,558
FULL YEAR TOTALS $59,500 $39,616 $99,116
*No Spray/Clear Only