HomeMy WebLinkAbout2025-12-02; City Council; 03; Agreement with Urban Corps of San Diego County for Citywide Litter Removal and Storm Drain Inspection and Cleaning ServicesCA Review TL
Meeting Date: Dec. 2, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Michael O’Brien, Public Works Superintendent
michael.obrien@carlsbadca.gov, 760-421-9158
Subject: Agreement with Urban Corps of San Diego County for Citywide Litter
Removal and Storm Drain Inspection and Cleaning Services
Districts: All
Recommended Action
Adopt a resolution awarding a maintenance services agreement to Urban Corps of San Diego
County for citywide litter removal and storm drain inspection and cleaning services in an
amount not to exceed $1,750,145 over a potential six-year term.
Executive Summary
Staff are seeking the City Council’s approval to award a maintenance services agreement for
litter removal and storm drain inspection and cleaning services to Urban Corps of San Diego
County. The city is required to remove litter and debris from its storm drainage system by the
National Pollutant Discharge Elimination System permit issued by the San Diego Regional Water
Quality Control Board. Litter and debris removal also helps keep the city clean, promotes public
health and safety and supports tourism.
The city has an existing agreement with Urban Corps for litter removal and storm drain and
inspection services that expires on Jan. 10, 2026. Urban Corps has successfully provided these
services under its existing agreement, and staff recommend awarding a new maintenance
services agreement to Urban Corps to continue providing these essential services for an initial
two-year term, with the option for two additional two-year extensions, for a potential six-year
total term.
The City Council’s approval is required by Carlsbad Municipal Code Section 3.28.060 –
Procurement of Professional Services and Services because this agreement will cost more than
$100,000 per agreement year.
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Explanation & Analysis
The city relies on contracted services to remove litter and inspect storm drains to fulfill its
responsibility to maintain clean public rights-of-way and ensure storm drain system integrity.
This agreement provides services that cannot be fully performed by city staff due to the scope
and scale of work required, including:
•Patrolling between five to nine miles of main arterial roadways per day
•Removing large items that have been illegally dumped on the city’s right-of-way
•Providing litter removal and clean-up services at all the city’s bus stops
•Inspecting about 1,500 storm water pipe exit points
•Maintaining city-owned easements, parking lots and other properties1
These services are essential for compliance with state and local litter-related health
requirements. Failure to prevent litter from entering the storm drain system could result in
administrative penalties from the Regional Water Quality Control Board. The services also
support storm-related operations, including pre-storm sandbag placements and post-storm
clean-up.
While the city’s population has remained steady, tourism has increased. The increase in tourism
adds to the importance of having a robust litter removal program. These services have ensured
the city’s compliance with state and local litter-related health requirements and have provided
most of the city’s regular, ongoing litter collection and storm drain inspections.
Urban Corps has successfully provided the essential services under its existing agreement,
which will expire on Jan. 10, 2026, and the agreement has no remaining extensions.
Urban Corps is a nonprofit corporation whose mission is to provide underserved young adults,
ages 18-26, with the tools to expand their career opportunities through education, life skills
training and paid work experience on projects that benefit the communities. Continuing this
partnership supports both operational needs and workforce development opportunities for
local young adults.
The negotiation process for the proposed agreement involved a series of past collaborative
discussions to clarify scope, expectations and service needs. The recommended scope reflects a
balanced approach that is compliant with state and local litter-related health requirements.
Staff researched other vendors in the region and found that Urban Corps provides the most
competitive cost for the services needed.
The proposed resolution in Exhibit 1 includes approval of an exemption to the formal bidding
process, which is allowed under the Carlsbad Municipal Code Section 3.28.110(F). This code
section states that a bidding exemption, as determined by the awarding authority, can be made
when the goods, services and/or professional services are obtained from or through agreement
with any governmental, public or quasi-public agency. Urban Corps of San Diego is a non-profit
corporation and certified public or quasi-public agency.
1 Easements give the city access to private property to install or maintain public infrastructure.
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Staff are requesting that the City Council approve the exemption to bidding for this agreement.
The city’s Purchasing Officer has reviewed and supported the bidding exemption, and a
memorandum signed by the Purchasing Officer is provided in Exhibit 2.
Fiscal Analysis
Staff recommend awarding Urban Corps a two-year agreement for citywide litter removal and
storm drain inspection and cleaning services. The agreement is to start on Jan. 11, 2026, with
the option of up to two additional two-year extensions and is in an amount not to exceed
$1,750,145 over the potential six-year term. The cost of the agreement is not to exceed
$257,302 for the first year of the agreement and an amount not to exceed a 5% increase per
each subsequent year of the agreement.
The annual adjustments to contracted rates for services will be based on the preceding
12-month percentage change in the San Diego Consumer Price Index as reported by the Bureau
of Labor Statistics, or 5%, whichever is lower. The current 12-month San Diego Consumer Price
Index is 4.0%.
The maximum annual agreement cost for litter removal and storm drain inspection and
cleaning services is shown in the following table:
Litter removal and storm drain inspection and cleaning services have traditionally been funded
by the Storm Drain Maintenance Operating Budget. Sufficient funds are available in that budget
in fiscal year 2025-26. Funding for future years is not available and will be requested during the
city’s annual budget development process.
Next Steps
After the City Council’s award of the agreement, the agreement will be fully executed, and staff
will establish a purchase order and issue a notice to proceed with Urban Corps.
MAXIMUM AGREEMENT COST
Litter removal and storm drain inspection and cleaning services
(at a maximum 5% CPI)
Term Agreement year Annual not-to-exceed
agreement amount
Base term 1 2026-2027 $257,302
2027-2028 $270,167
Amendment option, term 2 2028-2029 $283,675
2029-2030 $297,859
Amendment option, term 3 2030-2031 $312,752
2031-2032 $328,390
TOTAL $1,750,145
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Environmental Evaluation
The proposed action is not a “project” as defined by California Environmental Quality Act, or
CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require
environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited
to awarding a service agreement to provide litter removal and storm drain inspection and
cleaning services. The action has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
2. Bidding exemption memorandum dated Aug. 13, 2025, approved on Sept. 26, 2025
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RESOLUTION NO. 2025-255 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING A MAINTENANCE SERVICES AGREEMENT TO
URBAN CORPS OF SAN DIEGO COUNTY FOR CITYWIDE LITTER REMOVAL
AND STORM DRAIN INSPECTION AND CLEANING SERVICES IN AN AMOUNT
NOT TO EXCEED $1,750,145 OVER A POTENTIAL SIX-YEAR TERM
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and
in the public interest to perform citywide litter removal and storm drain inspection and cleaning services
to maintain a clean and well-functioning storm drain system; and
WHEREAS, Urban Corps of San Diego County, or Urban Corps, is a non-profit corporation and is
a certified public or quasi-public agency and has current Community Conservation Corps status in
accordance with California Public Resources Code 14507.5; and
WHEREAS, Carlsbad Municipal Code Section 3.28.110(F) states that a bidding exemption, as
determined by the awarding authority, can be made when the goods, services and/or professional
services are obtained from or through an agreement with any governmental, public or quasi-public
agency; and
WHEREAS, on Sept. 26, 2025, the city’s Purchasing Officer reviewed and supported the bidding
exemption request; and
WHEREAS, Urban Corps has submitted a proposal to the city to provide citywide litter removal
services from roadways and to clean and inspect storm drains; and
WHEREAS, the City of Carlsbad had previously entered into agreements with Urban Corps,
Resolution Nos. 2015-045 and 2020-018, and the agreements were fulfilled successfully; and
WHEREAS, staff recommend awarding Urban Corps a two-year agreement, with the option of
up to two additional two-year extensions, for citywide litter removal and storm drain inspection and
cleaning services, in an amount not to exceed $1,750,145 over the potential six-year term; and
WHEREAS, the cost of the agreement is not to exceed $257,302 for the first year of the
agreement; and
WHEREAS, the agreement allows for annual increases in the compensation for services to match
the San Diego County Consumer Price Index, or CPI, up to a maximum of 5% per year, whichever is lower;
and
Exhibit 1
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WHEREAS, sufficient funds are available in the Storm Drain Maintenance Operating Budget for
fiscal year 2025-26 to fund this agreement; and
WHEREAS, future funding will be subject to the annual budget development process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2. That the City Council has determined that the proposed action is not a “project” as
defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA
Guidelines Section 15378(a) and does not require environmental review under CEQA
Guidelines Section 15060(c)(2) because the action is limited to the awarding of a service
agreement to provide litter removal and storm drain inspection and cleaning services.
The action has no potential to cause either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment.
3.That the City Council approves the exemption to the public bidding process pursuant to
Carlsbad Municipal Code Section 3.28.110(F).
4.That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the
agreement in Attachment A between Urban Corps of San Diego County and the City of
Carlsbad for citywide litter removal and storm drain inspection and cleaning services.
5.That the City Manager, or designee, is authorized to execute subsequent two-year
extensions for up to a total of six years of service, if funds are available for those years.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 2nd day of December, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
____________________________________
KEITH BLACKBURN, Mayor
_____________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE LITTER REMOVAL AND STORM DRAIN
INSPECTION AND CLEANING SERVICES
WITH URBAN CORPS OF SAN DIEGO COUNTY
THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day
of _________________________, 2025, but effective January 11, 2026, by and between the City
of Carlsbad, California, a municipal corporation and California charter city ("City") and Urban
Corps of San Diego County, a not-for-profit corporation, ("Contractor").
RECITALS
A.City requires the services of a contractor that is experienced in citywide litter
removal and storm drain inspections and cleaning services (“Services”).
B.Contractor is duly qualified and has the necessary experience to provide the
Services.
C.Contractor is recognized as a quasi-government agency and exempt from the
bidding process.
D.Under the Carlsbad Municipal Code Section 3.28.100 (F), a bidding exemption, as
determined by the awarding authority, can be made when goods, services and/or professional
services are obtained from or through agreement with any governmental, public or quasi-public
agency. The Purchasing Officer has reviewed and supports the bidding exemption in a
memorandum signed and dated August 13, 2025.
E.The Contractor submitted a proposal to the City and affirmed its willingness and
ability to perform the work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1.SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those Services (“Services”)
described and delineated in Exhibit “A”. To the extent that any of the terms in the Exhibits(s),
including any attachments, conflict with the terms in this Agreement, in whole or in part, the
terms of this Agreement control.
2.TERM
The term of this Agreement will be effective for a period of two (2) year(s) from the date first
above written to January 10, 2028. The City Manager may amend the Agreement to extend it for
two (2) additional two (2) year(s) or parts of a year. Extensions will be based upon a satisfactory
review of Contractor's performance, City needs, and appropriation of funds by the City Council.
The parties will prepare a written amendment indicating the effective date and length of the
extended Agreement.
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Attachment A
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3. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall
not exceed two hundred fifty-seven thousand three hundred two dollars ($257,302).
Compensation during the second year of the Agreement term may be adjusted, by amending the
Agreement by an annual increase based on the preceding 12-month percentage change in the
Consumer Price Index, San Diego Area as reported by the Bureau of Labor Statistics or 5.0%,
whichever is lower. Total fee payable for the services during the two-year Agreement term shall
not exceed five hundred twenty-seven thousand four hundred sixty-nine dollars ($527,469). If
the City elects to extend the Agreement beyond the initial two-year term, the total fee payable
for services during any Agreement year may be increased based on the preceding 12-month
percentage change in the Consumer Price Index, San Diego Area as reported by the Bureau of
Labor Statistics or 5.0%, whichever is lower. No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement.
Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the
parties. The City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or Services specified in Exhibit “A”. Incremental payments, if applicable,
should be made as outlined in attached Exhibit “A”.
4. PUBLIC WORKS (INTENTIONALLY OMITTED)
5. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the City’s
Procore (www.procore.com) online project management and document control platform. The
intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and
maintain a healthy team dynamic by improving information flow, reducing non-productive
activities, reducing rework and decreasing turnaround times. Contractor is required to create a
free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to
become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall
process all project documents through Procore because this platform will be used to submit,
track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore,
Contractor and applicable team members shall complete a free training certification course
located at http://learn.procore.com/procore-certification-subcontractor. Contractor is
responsible for obtaining Contractor’s own Procore support, as needed, either through the online
training or reaching out to the Procore support team. It will be the responsibility of Contractor to
regularly check Procore and review updated documents as they are added. There will be no cost
to Contractor for use of Procore.
It is recommended that Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android
devices located at https://play.google.com/store/apps/details?id=com.procore.activities with
the Procore App installed to at least one on-site individual to provide real-time access to current
posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents,
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as well as any deficient observations or punch list items. Providing mobile access will improve
communication, efficiency, and productivity for all parties. The use of Procore for project
management does not relieve the contractor of any other requirements as may be specified in
this Agreement.
6. BONDS (INTENTIONALLY OMITTED)
7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under the control of City only as to the result to be accomplished but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to make
on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done
under this Agreement. At the City’s election, City may deduct the indemnification amount from
any balance owing to Contractor.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible
for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor
of a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless
the City and its officers, elected and appointed officials, employees and volunteers from and
against all claims, damages, losses and expenses including attorney’s fees arising out of the
performance of the work described herein caused by any negligence, recklessness, or willful
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misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under California Civil Code
section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8,
which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to
claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct
of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent
jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the
Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City’s self-administered workers’
compensation program is included as a loss, expense or cost for the purposes of this section, and
that this section will survive the expiration or early termination of this Agreement.
11. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor’s
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than “A-:VII”; OR with a surplus
line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's indemnification
obligations under this Agreement. City, its officers, agents and employees make no
representation that the limits of the insurance specified to be carried by Contractor pursuant to
this Agreement are adequate to protect Contractor. If Contractor believes that any required
insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as
Contractor deems adequate, at Contractor's sole expense. The full limits available to the named
insured shall also be available and applicable to the City as an additional insured.
11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
“occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000
per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
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11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits
as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
11.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
11.2.3 If Contractor maintains higher limits than the minimums shown above, City
requires and will be entitled to coverage for the higher limits maintained by Contractor. Any
available insurance proceeds in excess of the specified minimum limits of insurance and coverage
will be available to City.
11.2.4 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
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12. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
13. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of four
(4) years from the date of final payment under this Agreement.
14. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement are:
For City: For Contractor:
Name Dmitry Johnson Name Yolanda Maeder
Title Public Works Supervisor Title Project Manager
Dept Public Works Address PO Box 80156
City of Carlsbad San Diego, CA 92138
Address 405 Oak Ave Phone 619-235-6884
Carlsbad, CA 92008 Email Yolanda.maeder@urbancorps.org
Phone 760-801-6548
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
15. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests as required in the City of Carlsbad Conflict of Interest Code.
Yes ☐ No ☒
16. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
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Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
17. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty
package delivery vehicles operated in California may be subject to the California Air Resources
Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to
requirements to reduce emissions of air pollutants. For more information, please visit the CARB
Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-
clean-fleets.
18. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination, harassment, and retaliation.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is
unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each party
and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
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City may terminate this Agreement by tendering thirty (30) days written notice to Contractor.
Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In
the event of termination of this Agreement by either party and upon request of City, Contractor
will assemble the work product and put it in order for proper filing and closing and deliver it to
City. Contractor will be paid for work performed to the termination date; however, the total will
not exceed the lump sum fee payable under this Agreement. City will make the final
determination as to the portions of tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the
full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity
of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California without
regard to, or application of choice of law principles. Contractor agrees and stipulates that the
proper venue and jurisdiction for resolution of any disputes between the parties arising out of
this Agreement is the State Superior Court, San Diego County, California.
24. NO ATTORNEYS FEES AND COSTS.
Except as otherwise specifically provided in this Agreement, if there is any litigation, mediation,
arbitration or other dispute resolution proceedings arising out of this Agreement, each Party shall
for its own attorney and other professional fees, costs and expenses.
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25. LIQUIDATED DAMAGES (INTENTIONALLY OMITTED)
26. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement nor any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
27. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other
than the City and Contractor.
28. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California URBAN CORPS OF SAN DIEGO COUNTY, a
California non-profit corporation
By: By:
(sign here) KEITH BLACKBURN, Mayor
Anne Bernstein,
Interim Chief Executive Officer
(print name/title)
ATTEST:
By: SHERRY FREISINGER, City Clerk
(sign here) By:
Assistant City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By: _____________________________
Assistant City Attorney
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EXHIBIT A
SCOPE OF SERVICES AND FEE
CITYWIDE LITTER REMOVAL
AND STORM DRAIN INSPECTION AND CLEANING SERVICES
Contractor to provide litter removal and storm drain inspection services for the City of Carlsbad
at various locations as scheduled by the Contract Manager. Contractor will provide right-of-way
litter removal series provided by three (3) Urban Corps staff members, defined as, one (1)
supervisor and two (2) Corps members; scheduled five (5) days per week; and storm drain litter
removal and inspections services provided by two (2) Urban Corps staff members defined as, one
(1) Supervisor, and one (1) Corps member; 4 days per week.
General Staffing
1. Schedule excludes eleven (11) city holidays; one (1) Urban Corps of San Diego
County holiday.
2. Start time and end time of daily assignments will be determined by the Contract
Administrator, shifts are generally eight (8) hours including drive time to and from
the Urban Corps of San Diego County home office.
3. Crews must have the ability to read a maps, safely lift up to 50 pounds unassisted,
read, write and speak English.
4. Contractor will provide a mobile phone to the supervisor of each crew.
5. Contractor will provide all personal protective equipment, vehicles, tools, traffic
control devices, 55-gallon heavy-duty trash bags and uniforms necessary to
complete assigned liter removal and storm drain inspection services.
Right-of-way Litter Removal Services
1. Contractor will Inspect and remove all anthropogenic litter along predetermined,
contract administrator approved right-of-way routes.
2. Contractor will patrol five to nine miles of main arterial roadways per day,
removing trash as needed.
3. Contractor will remove all anthropogenic litter, debris and sediment from, but not
limited to: the city right-of-way, bus stops, parking lots, easements, and various
city owned properties.
4. Contractor will complete inspection form provided by city. Inspection forms filled
out legibly, with accurate accounting of inspection.
5. Contractor, if directed by the contract administrator, will provide photos with
placard; as documentation of work.
6. Contractor will dump all materials removed during litter removal services at a
designated city site.
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7. All inspections, cleanings, and general labor services will be scheduled as
determined by the contract administrator.
8. Citywide litter removal will include bus stops and abandon bulky items removal.
9. Contractor will provide additional labor services on an as needed and as
determined by the contract administrator.
Storm Drain Litter Removal and Inspection Services
Contractor to provide litter removal services as indicated above for the City of Carlsbad
storm drain conveyance system litter removal efforts, but will also dedicate staff to
completing inspections as directed by the contract administrator, including but not limited
to:
1. Contractor to inspect approximately 588 curb outlets, 656 outfalls, and 190
headwalls on an ongoing basis.
2. Contractor will remove anthropogenic debris and sediment from accessible storm
drain conveyance systems locations.
3. Contractor will complete inspection form(s) provided by city.
4. Contractor will keep accurate accounting of all debris removed from the city’s
storm drains.
5. Contractor will report to the contract administrator daily of all storm drain related
litter removal and debris removed and identified during patrol and inspections.
6. Contractor will assist with storm related activities, e.g., sandbagging, post storm
clean-up and brow ditch clearing services.
Description Quantity
(EA)
Maximum
Hours Hourly Rate Annual Cost
Litter-Supervisor 1.0 2080 $31.50 $65,520
Litter-Corps Member Labor 2.0 2080 $23.60 $98,176
Vehicle Fuel $80/month $960.00
Total Annual Right-of-Way Litter Removal Costs Removal Cost $164,656
Storm Drain-Supervisor 1.0 1664 $31.50 $52,416
Storm Drain-Corps Member Labor 1.0 1664 $23.60 $39,270
Vehicle Fuel $80/month $960.00
Total Annual Storm Drain Litter Removal and Inspections Cost $92,646
Total not-to-exceed for year - $257,302
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Public Works
405 Oak Ave Carlsbad, CA 92008 442-339-2980 t
www.carlsbadca.gov
Memorandum
August 13, 2025
To: Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer
From: Michael O’Brien, Public Works Superintendent
Re: Review and Support a Formal Bidding Exemption for Litter Removal and Storm
Drain Inspection and Cleaning Services with Urban Corps of San Diego, Inc.
The purpose of this memorandum is to request support for a formal bidding exemption to the
public bidding process per Carlsbad Municipal Code-Purchasing Code, Section 3.28.110 (F). This
code provides a bidding exemption for goods and/or services obtained through agreement with
any government, public or quasi-public agency.
Carlsbad’s Public Works Transportation Branch intends to establish a service agreement with
Urban Corps of San Diego, Inc. to provide citywide litter removal and storm drain inspection and
cleaning services at a cost of $257,302 for an initial two-year term with the possibility of two
additional two-year extensions. The department has sought this exemption in the past and was
granted the exemption with both previous litter removal and storm drain inspection and cleaning
contracts with Urban Corps of San Diego, Inc.; see RESO 2010-32 and 2015-045.
Urban Corps of San Diego, Inc. is a non-profit corporation whose mission is to provide underserved
young adults, ages 18-26. Urban Corps of San Diego, Inc. is a certified public or quasi- public agency
and has current Community Conservation Corps status in accordance with California Public
Resources Code 14507.5.
The Transportation Branch contracts with outside agencies to remove litter and inspect storm
drains to fulfill its responsibility to reduce litter in the city’s right-of-way and to assist with monitor
and upkeep of the city’s storm drain conveyance systems. This Agreement arranges services that
our current employee base cannot provide, including patrolling arterial roadways and connector
streets, removing large items that have been illegally dumped on the city’s right-of-way, providing
litter and clean-up services at 67 bus stops, and removing litter and inspecting about 1,500 storm
drains. The city also relies on these contracted litter removal services to routinely inspect and
remove litter and debris from city-owned easements, parking lots and other city properties.
With the support of the Purchasing Officer, staff will proceed with requesting city council approval
for an agreement with Urban Corps of San Diego, Inc. at a cost of $257,302 for an initial two-year
term with the possibility of extending the agreement for two additional two-year extensions.
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Page 2 - Request for Exemption to Bidding for Litter Removal and Storm Drain Inspection and
Cleaning Services with Urban Corps of San Diego, Inc.
Support for Exemption from Formal Bidding
________________________________________ _______________________
Roxanne Muhlmeister, Date
Assistant Finance Director/Purchasing Officer
CC: Paz Gomez, Deputy City Manager
Tom Frank, City Engineer and Transportation Director
Shea Sainz, Senior Contract Administrator
Eleida Felix-Yackel, Senior Contract Administrator
Graham Jordan, Contract Administrator
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