HomeMy WebLinkAboutFD Fire Prevention Goat Grazing Services____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 03/03/2025 Disposition: Adopted Resolution 13575 Agenda Item No: 4.e Meeting Date: March 3, 2025 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Fire Prepared by: Calvin Schrader, Senior Vegetation Management Specialist City Manager Approval: ___________ TOPIC: FIRE PREVENTION GOAT GRAZING SERVICES SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH BLUE TENT FARMS INC. FOR FIRE PREVENTION GOAT GRAZING SERVICES FOR AN INITIAL ONE-YEAR PERIOD AND UP TO THREE YEARS IN A NOT-TO-EXCEED AMOUNT OF $166,915 PER FISCAL YEAR, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $500,745, SUBJECT TO SUBSEQUENT APPROPRIATIONS RECOMMENDATION: Staff recommends that the City Council adopt a resolution authorizing the City Manager to negotiate and enter into an agreement with Blue Tent Farms Inc. for fire prevention goat grazing services for an initial one-year period and up to three years in a not-to-exceed amount of $166,915 per fiscal year, for a total not-to-exceed amount of $500,745, subject to subsequent appropriations. BACKGROUND: In March 2020, Marin County voters approved Measure C, a parcel tax to fund wildfire prevention efforts in Marin County. Measure C established and funds the Marin Wildfire Prevention Authority (MWPA). The MWPA comprises 17 Marin County agencies and is tasked with improving wildfire safety for all Marin residents, businesses, and visitors. The City receives nearly $4 million in Measure C revenue yearly for local wildfire prevention activities. The City’s Fire Department and Office of Emergency Services prioritize and administer this work. The City of San Rafael regularly needs vegetation management services to support several crucial operations to ensure the safety and well-being of residents and the community. One of these services is prescribed herbivory, which utilizes herds of goats or sheep to graze grass across high fire risk areas of City open space. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Beginning in 2021. the City of San Rafael Fire Department began management over goat grazing across the City from the Department of Public Works, which had previously managed this City program. The program now grazes over 175 acres annually across the City and Marinwood at 10 distinct sites. Marinwood is included in this contract as it is a part of the greater San Rafael Zone, as identified by the MWPA Joint Powers Authority. The funds utilized to graze sites not in San Rafael proper are reimbursed in their entirety by the MWPA. Goat and sheep grazing is a low-impact method of removing grass and other “light and flashy” fuels from areas at high risk of wildfire. Light and flashy fuels carry fire quickly and intensely, which can create additional hazardous situations during a wildfire. By grazing down the height of the flashy fuels, there is less energy available and less ability for fire to spread. The Fire Department solicited a formal Request for Proposals (RFP) to procure these services in January 2025. ANALYSIS: On January 8, 2025, the RFP was advertised in accordance with San Rafael’s Municipal Code. On February 10, 2025, the following bids were received: Business Bid Total (Per FY) Cost Per Acre Blue Tent Farms $166,915.00 950.00 Living Systems Land Management $215.232.50 1,225.00 Star Creek Land Stewards $210,840.00 1,200.00 Goats R Us $182,936.00 1,035.00 Golden State Goats N/A N/A The bids have been reviewed by Fire Department staff, and the low bid from Blue Tent Farms of $166,915.00 was found to be both responsive and responsible. Please refer to Attachment 2 of this report for Blue Tent Farms proposal. Staff completed satisfactory reference checks on all contractors that submitted valid bids. Golden State Goats did not complete all required documents and was therefore disqualified from consideration. City staff recommends awarding a three-year agreement to Blue Tent Farms for the amount bid. A draft of this agreement is in Attachment 3. Sites are charged on a “per acre” basis, allowing the City to remove and/ or add sites as necessary as environmental conditions shift. Total costs will not exceed the total values indicated for the 175 managed acres agreed upon in the contract. FISCAL IMPACT: Funding for the contract is provided through Measure C Wildfire Prevention Fund (#242). There are adequate appropriations in the FY 2024-25 budget to accommodate this contract. Appropriations beyond FY 2024-25 will be included in the regular budgeting process for each subsequent fiscal year. There is no impact to the General Fund. OPTIONS: The City Council has the following options to consider on this matter: 1.Adopt a resolution to authorize the City Manager to enter into an agreement as recommended. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 2.Do not adopt the resolution to authorize the City Manager to enter into the agreements and provide further direction to staff. RECOMMENDED ACTION: Staff recommends that the City Council adopt a resolution authorizing the City Manager to negotiate and enter into an agreement with Blue Tent Farms Inc. for fire prevention goat grazing services for an initial one-year period and up to three years in a not-to-exceed amount of $166,915 per fiscal year, for a total not-to-exceed amount of $500,745, subject to subsequent appropriations. ATTACHMENTS: 1.Resolution 2.Blue Tent Farms Proposal 3.Draft Contract RESOLUTION NO. 13575 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH BLUE TENT FARMS INC. FOR FIRE PREVENTION GO AT GRAZING SERVICES FOR AN INITIAL ONE-YEAR PERIOD AND UP TO THREE YEARS IN A NOT-TO-EXCEED AMOUNT OF $166,915 PER FISCAL YEAR, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $500,745, SUBJECT TO SUBSEQUENT APPROPRIATIONS WHEREAS, in 2020, the Marin Wildfire Prevention Authority (MWPA) was created after the passing of tax Measure C for wildfire prevention. A portion of these funds dedicated to San Rafael are to be used to reduce fire hazardous fuels on public lands and maintain the 11 publicly owned open space sites in the San Rafael Zone; and WHEREAS, as a part of the formation of the assessment San Rafael Zone, the City of San Rafael and Marinwood Community Services District (CSD) entered a Memorandum of Understanding (MOU) in which the City of San Rafael was designated as the lead agency for managing the San Rafael Zone core funds; and WHEREAS, one component of the Measure C funds the fuels reduction operations and maintenance work, grazing animals are an effective and environmentally conscious way to reduce flashy fuels which in turn reduces the rate of fire spread; and WHEREAS, on January 8th 2025, the City advertised a request for proposal in accordance with San Rafael’s Municipal Code and on February 10th, 2025, bids were unsealed; and WHEREAS, five bids were received, four were responsible, including Blue Tent Farms Inc. who submitted the lowest cost proposal; and WHEREAS, Blue Tent Farms bid was found to be both responsive and responsible and staff recommends awarding a three-year agreement to them for the amount bid; and WHEREAS, funding to support the recommended Agreement is provided within the approved Fiscal Year (FY) 2024-25 budget (Measure C Wildfire Prevention Fund #242), with future appropriations to be provided via the annual budget process through the term of the Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to enter into an agreement with Blue Tent Farms, Inc. for Fire Prevention Goat Grazing Services for an initial one-year period, with the option to extend the agreement up to two more years, with a total amount not to exceed $166,915 per fiscal year for up to a total three-year term and a total contract amount not to exceed $500,745, subject to the City Council appropriating funds for the fiscal year of any extension of the term. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 3rd day of March 2025, by the following vote, to wit: AYES: NOES: ABSENT: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate Councilmembers: None Councilmembers: None ____________________ Lindsay Lara, City Clerk f./Jlue 9iJn.t g,,,,m, \....__________ "-, Cover Page Dear San Rafael Team, Thank you tor considering our proposal to provide goat grazing services for the City of San Rafael. We are thrilled about the opportunity to contribute to your environmental and land management goals through sustainable and eco-friendly grazing solutions. As an experienced and reputable grazing company, we bring extensive expertise in land management and a robust, healthy herd of 6,000 Kiko goats. Our operations are supported by skilled Peruvian herders, who have been an integral part of our team tor over 13 years. With their expertise and the guidance of our Managing Partner, Tim Arrowsmith-who grew up ranching in Northern California-we are well-prepared to complete the grazing requirements efficiently and within the specified timeframe. At Blue Tent Farms, we take considerable pride in our commitment to the health and well-being of our livestock, which includes goats, sheep, livestock guardian dogs, and trained border collies. This dedication ensures not only the highest level of animal care but also exceptional professionalism and reliability in every project we undertake. Our focus on environmental stewardship and customer satisfaction has positioned us as a trusted partner in sustainable land management. We would be honored to collaborate with you to meet your goals through targeted grazing services that enhance the community's natural resources and resilience. Thank you again tor this opportunity. We look forward to the possibility of collaborating with you to support your sustainable land management efforts. Tim rrowsmith Managing Partner Blue Tent Farms 859 Washington Street PMB XXX Red Bluff, CA 96080 Cell: 530-200-XXXX Email: XXXXXXXXX@gmx.com Table of Contents: Pg 1- Cover Page & Table of Contents Pg 2- Contractor Information & Proposal Summary Pg 3- Staff Information & References with similar goals Pg 4- Equipment List to be utilized on this contract (may be adjusted as needed) Pg 5- Technical Approach and Potential Grazing Schedule Pg 6- Fee Proposal 1 Contractor Information and Proposal Summary Contact Information: Name: Tim Arrowsmith Address: 859 Washington Street PMB XXX Phone: 530-200-XXXX (Tim's Cell) Email: XXXXXXXX@gmx.com Qualifying Statements: We appreciate the opportunity to submit our proposal for the city's goat grazing contract. Our approach emphasizes environmental sustainability, safety, and efficiency to meet the city's vegetation management needs. We fully understand the scope of work outlined in the RFP and are committed to adhering to all contractual and environmental requirements. Should any adjustments to the proposed agreement be required, we are open to discussions to ensure mutual satisfaction. Approach to Work: Our approach involves a detailed assessment of grazing areas to establish optimal herd size and grazing schedules. We prioritize humane treatment of animals, compliance with local regulations, and minimizing disruption to the surrounding community. Our team will provide regular updates and ensure the project stays on track. Company Experience and Qualifications: •Licenses and Certifications:o Current DIR RegistrationoCurrent licensing & vaccinations for al1 animals•Experience:o Over 13 years of experience in vegetation management using goat grazing.o Successful completion of similar contracts in neighboring cities, including the City of West Sacramento•Key Qualifications:o President of Western Area Grazerso Proven track record of safe, effective, and eco--friendly grazing practices.o Team members with extensive training in animal husbandry and land management.Subcontractors: We do not intend to engage any subcontractors. Additionally, BTF is open to including additional City-owned parcels under the same bid price as proposed in our submission. We are confident that our expertise, team, and approach align with the city's goals for this project. Thank you for considering our proposal, and we look forward to discussing it further. Tim Arrowsmith Blue Tent Farms 2 Resume of Key Staff & References from similar coatnds Name 1 Tim Arrowsmith 2 Blake Anowsmith 3 Henry Ambrosio 4 Albino Tejada 5 Casio Valentine 6 Esreban Vilchez 7 Christian Ortiz 8 Miguel Tejada Trtle M;maging Partner Field Manager Operations Manaf:!er Herder Herder Herder Herder Herda- #Yean #ofYears w/BTF Exoerience 13 30 3 10 10 20 4 15 6 10 4 6 3 3 3 6 References: City of Red Bluff Airport- 727 Oak Street, Red Bluff, CA %080 Contact: XXXX (Airport Operations) cell- 530-223-XXX, XXXXcityofredbluff.or!! Period of Performance: 2013 to cm1eut Services Delivered: Targeted grazing around Active airfield Lake California POA - 19999 Lake California Drive,, Cottonwood� CA 96022 Contact: XXXX(POAManager)cell-707-499-XXX, XXXX@lakecaJifomia.net Period of Performance: 2019to cm1eut Services Delivered: 293 Acres of exceedingly difficult terrain and grazing pattern US Forest Service (Challenge District)- 18056 Mu.lock Road, Brownsville, CA 95919 Contact: XXXX (Fuels Manager) ceU-530-675-XXX, XXXX@usda.e:o Period of Performance: 2022 to current Services Delivered: 441 Acres grazed for fire fuels management & vegetation control 3 CONTRACT BY AND BETWEEN THE CITY OF SAN RAFAEL AND BLUE TENT FARMS LLC FOR FIRE PREVENTION GOAT GRAZING PROJECT This contract ("Contract") is entered into by and between the City of San Rafael ("City") and Blue Tent Farms LLC ("Contractor"), a California Limited Liability Company, for work on the City's Fire Prevention Goat Grazing ("Project"), and is effective on Apr16,2025 ("Effective Date"). The parties agree as follows: 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Exhibit A, Scope of Work and Bid Proposal, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 1.1 Subcontractors. Contractor acknowledges that it has listed all subcontractors it will subcontract with to complete the Work in Exhibit B, Subcontractor List. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 2.1 Contract; 2.2 Addenda, if any; 2.3 Exhibit A — Scope of Work and Bid Proposal; 2.4 Exhibit B — Subcontractor List; 2.5 Exhibit C — Insurance Requirements. 3. Contract Price. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor a not to exceed amount of $166,915 (the "Contract Price"), for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor's Bid Proposal set forth in Exhibit A and the payment provisions contained herein. 3.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 4 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. 3.2 Annual Rate Increases. Contractor shall not increase its rates throughout the Term of this Contract, except that Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index ("CPI") for California, All Urban Consumers, San Francisco -Oakland -San Jose areas, not to exceed five percent (5%). 4. Term of Contract. Unless otherwise set forth in this Contract or unless this paragraph is subsequently modified by a written amendment to this Contract, the term of this Contract shall begin on City Attorney Form, July 2023 Page 1 the Effective Date of this Contract and terminate one (1) year from the Effective Date. At the City's election, the Contract may be extended three times, each for a period not to exceed one (1) year. 5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $0 per day for each day of unexcused delay in completion. 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license provided in Section 1, and a City business license. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers (the "Indemnitees") from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorneys' fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work or failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. 9. Insurance. Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage provided in Exhibit C, Insurance Requirements, at no cost to City. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has City Attorney Form, July 2023 Page 2 complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. 10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5. 10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000. 11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 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 I will comply with such provisions before commencing the performance of the Work on this Contract." 12. Termination. 12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. 13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference. 14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. City Attorney Form, July 2023 Page 3 16. Worksite Conditions. 16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis Contractor must remove and properly dispose of debris and waste materials from the Work site. 16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City 16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous materials may be used in performance of the Work. 16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104. 17. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 18. Non -Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. 19. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 20. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree 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. section 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 Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. 21. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City Attorney Form, July 2023 Page 4 To CITY's Representative: Calvin Schrader Senior Vegetation Management Specialist 1375 Fifth Ave San Rafael, CA 94901 22. General Provisions. To CONTRACTOR's Representative: Tim Arrowsmith Owner 859 Washington Street PMB 259 Red Bluff, CA 96080 22.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 22.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 22.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 22.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 22.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place. 22.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 22.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 22.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] City Attorney Form, July 2023 Page 5 The parties agree to this Contract as witnessed by the signatures below: CITY OF SAN RAFAEL: z:� Ads 'd Cristine Ahlovich (Apr 16, 2025 21A3 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney Andrea Vsveshwara (Apr 16, 2025 09:17 PDT) By: ANDREA VISVESHWAR& Chief Assistant City Attorney ATTEST: City Clerk Lama Nwwtr (fo>') Brenna Nurmi (for) (Apr 17. 20250876 PD LINDSAY LARA, City Clerk Exhibit A: Scope of Work and Bid Proposal Exhibit B: Subcontractor List Exhibit C: Insurance Requirements CONTRACTOR: By: Name %�rIola:s Title: W. Name: Title: Exhibit A SCOPE OF WORK AND BID PROPOSAL The Work to be performed by CONTRACTOR under this Agreement is more fully described in CONTRACTOR's bid proposal, which is attached to this Exhibit A. The Contractor shall furnish all labor, livestock, materials, and equipment necessary to provide managed grazing services to City -owned open space properties and Marinwood open space properties within the designated service area. Managed grazing services shall be defined as the facilitation of goat and/ or sheep consumption of annual grasses and shrubs to a height no greater than 6 inches for fire prevention in defined areas. Facilitation of these services includes the containment of animals via fencing or other means, providing access to drinking water, and transportation to and from various locations. 24/7 availability is necessary to assure the safety of the animals and public. Services shall be provided as requested by the City of San Rafael Fire Department. City Attorney Form, July 2023 Exhibit A fy9ge�nt ga\uU3 Cover Page Dear San Rafael Team, Thank you for considering our proposal to provide goat grazing services for the City of San Rafael. We are thrilled about the opportunity to contribute to your environmental and land management goals through sustainable and eco-friendly grazing solutions. As an experienced and reputable grazing company, we bring extensive expertise in land management and a robust, healthy herd of 6,000 Kiko goats. Our operations are supported by skilled Peruvian herders, who have been an integral part of our team for over 13 years. With their expertise and the guidance of our Managing Partner, Tim Arrowsmith—who grew up ranching in Northern Califomia -we are well -prepared to complete the grazing requirements efficiently and within the specified timeframe. At Blue Tent Farms, we take considerable pride in our commitment to the health and well-being of our livestock, which includes goats, sheep, livestock guardian dogs, and trained border collies. This dedication ensures not only the highest level of animal care but also exceptional professionalism and reliability in every project we undertake. Our focus on environmental stewardship and customer satisfaction has positioned us as a trusted partner in sustainable land management. We would be honored to collaborate with you to meetyour goals through targeted grazing services that enhance the community's natural resourcesand re hence. Thank you again for this opportunity. We look forward to the p� o�ss'ibility of collaborating with you to support your sustainable land management efforts_ Warm r gards, Tim rrowsmith Managing Partner Blue Tent Farms' 859 Washington Street PMB 259 Red Bluff, CA 96080 Ce11:530-200-2929' Email: Bluetentfarms@gmx.com Table of Contents: Pg 1- Cover Page &Table of Contents Pg 2- Contractor Information & Proposal Summary Pg 3- Staff Information & References with similar goals Pg 4- Equipment List to be utilized on this contract (may be adjusted as needed) Pg 5- TechnicalApproach and Potential Grazing Schedule Pg 6- Fee Proposal 1 Contractor Information and Proposal Summary Contact Information: Name: Tim Arrowsmith Address: 859 Washington Street PUB 259 Phone: 530-200-2929 (Tim's Celt) Email: Bluetentfarms@gmx.com Qualifying Statements: We appreciate the opportunity to submit our proposal for the city's goat grazing contract. Our approach emphasizes environmental sustainability, safety, and efficiency to meet the city's vegetation management needs. We fully understand the scope of work outlined in the RFP and are committed to adhering to all contractual and environmental requirements. Should any adjustments to the proposed agreement be required, we are open to discussions to ensure mutual satisfaction. Approach to Work: Our approach involves a detailed assessment of grazing areas to establish optimal herd size and grazing schedules. We prioritize humane treatment of animals, compliance with local regulations, and minimizing disruption to the surrounding community. Our team will provide regular updates and ensure the project stays on track. Company Experience and Qualifications: • Licenses and Certifications: e o Current DIR Registration o Current licensing & vaccinations for all an' • Experience: o Over 13 years of experience in vegetation management using goat grazing. o Successful completion of similar contracts in neighboring cities, including the City of West Sacramento Key Qualifications-- • President of Western Area Graz A%Z" o Proven track record of safe, effective, and eco-friendly grazing practices. o Team members with extensive training in animal husbandry and land management. Subcontractors: We do not intendto engage any subcontractors_ Additionally, BTF is open to including additional City -owned parcels under the same bid price as proposed in our submission. We are confident that our expertise, team, and approach align with the city's goals for this project. Thank you for considering our proposal, and we look forward to discussing it further_ Tim Arrowsmith Blue Tent Farms 2 Blue went �mcr� Resume of Key Staff & References from similar contracts Name T tle # Years w/ BTF # of Years Experience 1 Tim Arrowsmith Managing Party 13 30 2 Blake ArrowsmAh Field Manageir 3 10 3 Hemy Ambrosio Operations Manager 10 20 4 Albino Tejada Herder 4 15 5 Casio Valentine Herder 6 10 6 Esteban Vilchez Harder 4 6 7 Christian Ortiz Herder♦ ► 3 3 8 Miguel Tejada Henley 3 6 References: City of Red Bluff Airport — 727 flak Suet, R lufl; CA 96080 Contact: Scott Miller (Airport Operations) cell- 530-228-3910, srnilleriicitvotredbluff.org Period of Per%tmance: 2013 to curmvt Services Delivered: Targeted grazing around Active airfield Lake California POA — 19999 lake California Drive, Cottonwood, CA 96022 Contact : Scott Nielson (POA Manager) cell- 707-499-5878, sn ie l so n u lakeea l i forn ia. net Period of Performance: 2019 to cwTunt Services Delivered: 293 Acres of exceedingly difficult terrain and grazing pattern US Forest Service (Challenge District) —18056 Mulock Road, Brownsville, CA 95919 Contact: Jason Vermillion (Fuels Manager) ceW530-675-9643, i ermii1ionc&uusda.gov Period of Performance: 2022 to current Services Delivered: 441 Acres grazed for fire fuels management & vegetation control 3 EQUIPMENT LIST i.ist of enninment to he nrovided on this Conhwt- Quantity Type of Equipment I Description 1 2 Water Tankers 2 4 Water Troughs 3 3 Pickups - Company vehicles 4 80 Rolls ofElectro Stop Netting 5 8 Fencing Energizers 6 16 Ground Rods 7 2 Weed ewers 8 1200 K o, Goats 9 4 Guard Dogs (predator control) 10 4 Border Collies (bending) 11 4 Camp Trailers (Iodging for herders) 12 4 Quads 13 3 Livestock Trailers (various sues) F Traffic Control Ih ms— ReftectivevesK caress 114&S& signage Blue Tent Farms owns 6,000. Kiko Goats and can ramp up or down as needed. All equipment is well maintained, in working order, and compliant with O.S.H.A. & CAL E.P.A. 12Y9966at girwnm Technical Approach for Grazing Contract / Scope of Work BTF will provide all necessary coordination and equipment, including trucks, trailers, corrals, and other essential tools, to ensure the safe and efficient transportation of animals between grazing locations. Prior to each move, BTF will coordinate closely with the customer and designated contacts to ensure smooth operations. During the moves, we will implement appropriate signage and provide staff to manage any necessary traffic control, ensuring safety and minimal disruption to the public. With each move of the goats, BTF will restore all paths, roads, and other affected areas to their original condition. We will deploy as many animal groups as needed, each managed by a dedicated shepherd, to meet the project's timeline efficiently. The movement of animals will be a combination of trailering and guiding them on foot to the next location, optimizing both safety and speed. Shepherd trailers will be strategically placed in locations that minimize disruption to traffic, pedestrians, and maintain the aesthetic integrity of the area. Additionally, BTF will take special care to protect any sensitive or protected plants and areas within the designated grazing zones by fencing them off to prevent any disturbance: by the animals_ By ensuring clear communication, safety protocols, and a thorough restoration process, BTF is committed to completing the project within the specified timeframe while maintaining the highest standards of professionalism and environmental care. BTF 202.5 Planner City of San Rafael 9 of Job i *Approximate &ays (89) to complete job of (176)acres by 10110/2025 *There is flexibility on the start date *Approximate &ays (89) to complete job of (176)acres by 10110/2025 *There is flexibility on the start date Table A SAN RAFAEL PRICE OF ITEMS Site Location Aries Unit UnitCost Total Cost $950. $21,945. A Robert Dollar/ Boyd Memorial Open Space 23.1 C0 EA _ $950. $25,270. B McNear Open Space 26 6 @ EA _ $950. $19,190. C Skyview Terrace/ Santiago Open Space 20.2 @ EA _ $950- $14,155. D Gold Hill Grade/San Pedro Open Space 14.9 C& IA _ $950_ $18,050.= E Hartzell Park Open Space 19 EA $950. $12,445. F Scettrini Fire Road/ San Pedro Open Space 13.1 EA - $950_ $9,785. G Gerstle Paris Open Space 10.3 $950. $10,450. H Bret Harte Open Space 11 CM EA = $950. $14,820. 1 Idylberry MWC.SD Open Space 15.6 EA = VA $950. $3,895. J Grasshopper Hill MWCSD Open Space 4.1 La EA = �. $950. $16,910. K Deer Valley Open S 17.8 @ EA = $166,915. Total San Rafael Acres 175.7 Grand Total Bid = i *A 10% discount applies to ail Locations if Blue Tent Farms is chosen for all Locations for a 3-year commitment. Exhibit B SUBCONTRACTOR LIST Contractor hereby certifies that each and every Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the total Contract Price, is provided below along with a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the total Contract Price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REQ NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST City Attorney Form, July 2023 Exhibit B Exhibit C INSURANCE REQUIREMENTS Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage required in this Exhibit C to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-Vill or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website httos://www.oinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 1. Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self -insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 2. Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 3. Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage. 4. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. 5. Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (a) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (b) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (c) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (d) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (e) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. City Attorney Form, July 2023 Exhibit C CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Calvin Schrader Extension: 34S7 Contractor Name: Blue Tent Farms Contractor's Contact: Tim Arrowsmith Contact's Email: bluetentfarms@gmx.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step 1 2 3 4 RESPONSIBLE DESCRIPTION DEPARTMENT Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org City Attorney I a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Department Director Project Manager 5 Project Manager PRINT 6 Project Manager 7 1 City Attorney 8 1 City Attorney 9 1 City Manager/ Mayor Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINS , and bonds (for Public Works Contracts) Agreement executed by City Council authorized official 10 I City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED REVIEWER DATE Check/Initial Click here to enter a date. 2/11/2025 2/13/2025 2/13/2025 ❑X NT ❑X NT 2/14/2025 ® _AR_ 2/14/2025 ❑ N/A Or 3/3/2025 3/4/2025 CS RESOLUTION NO. 13575 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH BLUE TENT FARMS INC. FOR FIRE PREVENTION GOAT GRAZING SERVICES FOR AN INITIAL ONE-YEAR PERIOD AND UP TO THREE YEARS IN A NOT -TO -EXCEED AMOUNT OF $166,915 PER FISCAL YEAR, FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $500,745, SUBJECT TO SUBSEQUENT APPROPRIATIONS WHEREAS, in 2020, the Marin Wildfire Prevention Authority (MWPA) was created after the passing of tax Measure C for wildfire prevention. A portion of these funds dedicated to San Rafael are to be used to reduce fire hazardous fuels on public lands and maintain the 11 publicly owned open space sites in the San Rafael Zone; and WHEREAS, as a part of the formation of the assessment San Rafael Zone, the City of San Rafael and Marinwood Community Services District (CSD) entered a Memorandum of Understanding (MOU) in which the City of San Rafael was designated as the lead agency for managing the San Rafael Zone core funds; and WHEREAS, one component of the Measure C funds the fuels reduction operations and maintenance work, grazing animals are an effective and environmentally conscious way to reduce flashy fuels which in turn reduces the rate of fire spread; and WHEREAS, on January 8th 2025, the City advertised a request for proposal in accordance with San Rafael's Municipal Code and on February 10th, 2025, bids were unsealed; and WHEREAS, five bids were received, four were responsible, including Blue Tent Farms Inc. who submitted the lowest cost proposal; and WHEREAS, Blue Tent Farms bid was found to be both responsive and responsible and staff recommends awarding a three-year agreement to them for the amount bid; and WHEREAS, funding to support the recommended Agreement is provided within the approved Fiscal Year (FY) 2024-25 budget (Measure C Wildfire Prevention Fund #242), with future appropriations to be provided via the annual budget process through the term of the Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to enter into an agreement with Blue Tent Farms, Inc. for Fire Prevention Goat Grazing Services for an initial one-year period, with the option to extend the agreement up to two more years, with a total amount not to exceed $166,915 per fiscal year for up to a total three-year term and a total contract amount not to exceed $500,745, subject to the City Council appropriating funds for the fiscal year of any extension of the term. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 3rd day of March 2025, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None �• V Lindsay Lara, City Clerk Vegetation Management Contract - Blue Tent Farms - Fire Prevention Goat Grazing Project Final Audit Report 2025-04-17 Created: 2025-04-14 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAiQFf7TjlkDJeaenCRMHPoPLU4dk9g3cl "Vegetation Management Contract - Blue Tent Farms - Fire Prev ention Goat Grazing Project" History Document created by Nataly Torres (nataly.trres@cityofsanrafael.org) 2025-04-14 - 6:18:31 PM GMT- IP address: 199.88.113.8 L-"a Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2025-04-14 - 6:21:59 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-04-14 - 6:34:18 PM GMT- IP address: 104.47.64.254 de Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2025-04-14 - 6:38:14 PM GMT - Time Source: server- IP address: 199.88.113.8 2* Document emailed to and rea.visveshwara@cityofsanrafael.org for signature 2025-04-14 - 6:38:17 PM GMT Email viewed by and rea.visveshwara@cityofsanrafael.org 2025-04-15 - 0:09:44 AM GMT- IP address: 104.47.64.254 6© Signer andrea.visveshwara@cityofsanrafael.org entered name at signing as Andrea Visveshwara 2025-04-16 - 4:17:16 PM GMT- IP address: 199.88.113.8 00 Document e-signed by Andrea Visveshwara(andrea.visveshwara@cityofsanrafael.org) Signature Date: 2025-04-16 - 4:17:18 PM GMT - Time Source: server- IP address: 199.88.113.8 Ey Document emailed to city.clerk@cityofsanrafael.org for approval 2025-04-16 - 4:17:20 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-04-16 - 5:06:20 PM GMT- IP address: 104.47.64.254 $� SAN RAFAEL Adobe Acrobat Sign 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2025-04-16 - 5:06:31 PM GMT- IP address: 199.88.113.8 6o Document approved by Brenna Nurmi (city. clerk@cityofsanrafael.org) Approval Date: 2025-04-16 - 5:06:33 PM GMT - Time Source: server- IP address: 199.88.113.8 �'► Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2025-04-16 - 5:06:36 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2025-04-17 - 4:42:48 AM GMT- IP address: 104.47.65.254 de Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2025-04-17 - 4:43:14 AM GMT- IP address: 71.198.110.147 GSe Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2025-04-17 - 4:43:16 AM GMT - Time Source: server- IP address: 71.198.110.147 'y Document emailed to city.clerk@cityofsanrafael.org for signature 2025-04-17 - 4:43:18 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-04-17 - 2:36:38 PM GMT- IP address: 104.47.64.254 do Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2025-04-17 - 2:36:55 PM GMT- IP address: 199.88.113.8 66 Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2025-04-17 - 2:36:57 PM GMT - Time Source: server- IP address: 199.88.113.8 air Agreement completed. 2025-04-17 - 2:36:57 PM GMT (SAN RAFAEL I P—e`dby f►� Adobe Acrobat Sign