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HomeMy WebLinkAbout2007-02-06; City Council; 18879; Agreement with Urban Corps of San DiegoCITY OF CARLSBAD - AGENDA BILL AB# 18,879 MTG. 02/06/07 DEPT. ENG APPROVAL AND AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE URBAN CORPS OF SAN DIEGO COUNTY, INC. DEPT. HEAD_JV(j2^. CITYATTY. J£f^ CITY MGR. -^ RECOMMENDED ACTION: Adopt Resolution No. 2007-018 for approval and authorization to execute a Professional Services Agreement with Urban Corps of San Diego, Inc., for Citywide litter removal services. ITEM EXPLANATION: The City of Carlsbad currently conducts litter removal along major arterials, including Palomar Airport Road, Carlsbad Boulevard, La Costa Avenue, and El Camino Real, by using temporary employees and City-owned equipment. In the 2006-07 budget, the Solid Waste Program proposed converting from the use of temporary employees to contracting this service with an outside vendor. Removal of litter from the City's right-of-way serves several purposes. First, and most obvious, is the aesthetic benefit. Maintaining the City's right-of-way in a litter-free condition improves the appearance of the City to its citizens and visitors. Additionally, litter removal is necessary to keep trash and debris from entering the City's storm drain system, where it could be carried to the ocean. This is a requirement of the City's National Pollutant Discharge Elimination System (NPDES) permit, issued by the State Regional Water Quality Control Board (Regional Board). Failure to prevent trash from entering the City's storm drain system could result in administrative penalties from the Regional Board. A Request for Proposal (RFP) was issued on October 6, 2006. Eleven potential vendors requested copies of the RFP, and five proposals were received on November 16, 2006. Best value criteria included: cost, responsiveness to the City's request, experience, references, innovation, and the vendor's proposed timeline. After a careful evaluation of all proposals, the Urban Corps of San Diego County, Inc., (Urban Corps) was selected as the best value proposal for the City of Carlsbad. The Urban Corps is a job training and career development program for at-risk youth. Urban Corps members have participated in projects in a variety of cities throughout San Diego County and in business improvement districts. The Urban Corps is currently under contract to provide graffiti abatement in the cities of Chula Vista, Escondido, and San Diego. Additionally, the Urban Corps provides litter removal and bulky item pick-up services to several Business Improvement Districts in the City and County of San Diego. Staff believes that the Urban Corps will provide excellent service to the citizens of Carlsbad, and allow the City to support the Urban Corps' mission of offering opportunity to at-risk youth through this contract. FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED rf D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES n D D D Page 2 ENVIRONMENTAL IMPACT: This activity is not subject to CEQA review as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. (Section 15061 CEQA Guidelines). FISCAL IMPACT: The annual cost for this contract will be $106,659. This cost will be borne by the Solid Waste Program. There are sufficient funds to cover the cost of this contract in the Solid Waste budget. In future years, however, there will be a need to supplement the Solid Waste block budget by approximately $45,000 to cover the cost of this contract. For comparison, estimated costs for full-time City staff (two Maintenance Aides and a City Vehicle) to perform this work range from a low of just over $111,000 to nearly $137,000. EXHIBITS: 1. Resolution No. 2007-018 for approval and authorization to execute a professional services agreement with Urban Corps of San Diego County, Inc., for Citywide Litter Removal Services. 2. Professional Services Agreement with Urban Corps of San Diego County, Inc., for Citywide Litter Removal Services. DEPARTMENT CONTACT: John McKelvey 760-602-2761 imcke@ci.carlsbad.ca.us 1 2 RESOLUTION NO. 2007-018 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND AUTHORIZATION 4 TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH URBAN CORPS OF SAN DIEGO COUNTY. INC. 5 WHEREAS, the City Council of the City of Carlsbad, California, has 6 determined it necessary and in the public interest to enter into an agreement between Urban Corps of San Diego County, Inc., (Urban Corps) and the City of Carlsbad, California; and WHEREAS, Urban Corps has submitted a proposal to provide Litter Removal Services 9 to the City of Carlsbad; and 10 WHEREAS, Urban Corps' proposal was deemed to be the best value for the City; and WHEREAS, Urban Corps has the necessary skills and experience to provide excellent service to the citizens of Carlsbad; and WHEREAS, sufficient funds are available in the existing department operating budget ton o fund this contract.14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as 15 follows: 16 1 . That the above recitations are true and correct. 2. That the Mayor of the City of Carlsbad is authorized and directed to execute 18 the agreement between Urban Corps of San Diego County, Inc., and the City of Carlsbad for Citywide litter removal services. 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of February, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None. ABSENT: Council Member Sigafoose. LORRAINE M. WOOD, City Clerk(SEAL) ^>;*s oy- AGREEMENT FOR CITYWIDE LITTER REMOVAL SERVICES (URBAN CORPS OF SAN DIEGO) THIS AGREEMENT is made and entered into as of the _ day of 2007, by and between the CITY OF CARLSBAD, a municipal corporation, ("City")? and URBAN CORPS OF SAN DIEGO COUNTY, a not-for-profit corporation, ("Contractor"). RECITALS A. City requires the professional services of a litter removal service that is experienced in litter removal. B. Contractor has the necessary experience in providing professional services and advice related to Citywide litter removal. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such 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 (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not-to-exceed one hundred six thousand six hundred fifty nine dollars ($106,659) per Agreement 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #11.28.06 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed one hundred six thousand, six hundred fifty nine dollars ($106,659). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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". 6. 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 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. 7. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #11.28.06 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation 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. 10. 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-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #11.28.06 7 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 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. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. City Attorney Approved Version #11.28.06 12. 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 three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name John McKelvey Name Sam Duran Title Management Analyst Title Chief Executive Officer Dept Public Works-Admin CITY OF CARLSBAD URBAN CORPS OF SAN DIEGO Address 1635 Faraday Avenue Address P.O. Box 80156 Carlsbad, CA 92008 San Diego, CA 92138-0156 Phone No. (760) 602-2761 Phone No. (619)235-6884 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. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or City Attorney Approved Version #11.28.06 °\ income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. 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. 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 that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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 City Attorney Approved Version #11.28.06 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 attorney's 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 Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. 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 or 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. City Attorney Approved Version #11.28.06 u 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #11.28.06 8 26. 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. CONTRACTOR URBAN CORPS OF SAN DIEGO COUNTY By: (sign here) Michael Sterns, Board Chair (print name/title) michael.sterns@firstfuture.org ATTEST: (e-mail address) By: (sign here) 'LORRAINE M. WOOD City Clerk Daniel Morales , Board Secretary (print name/title) danielm@sdhc.org (e-mail address) 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. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, 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: RONALD R. BALL, City Attorney By:. 9 City Attorney Approved Version #11.28.06 \3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally afeared Namefs) of Signers) YEN-HUIUUHO CofnmWon* 1498803 Notary Pubic - CoJfomta San Diego County My Comm. Expires JU 6.2008J 1/Ppersonally known to me D proved to me on the basis of satisfactory evidence to be the person^) whose namefc) is/ate- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ter/thetr authorized capacity (ies), and that by his/hewttieir signature^on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. , I / TION Signature of Notary Public OPTIAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:' / 1 1 <2 <f°/ /•, / Cllf U Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual \0 Corporate Officer — Title(s) D Partner — D Limited D Genei D Attorney in Fact D Trustee D Guardian or Conservator C Other: . ,, < : P r*•> neJal lrl 'd*M VSiill Top of thumb here ^ Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of " On , & -personally appeared before me.Mj kk> Name/and Title of Officer (e.g., "Jae Doe, Notary Public Name(s) of Signer(s) IMARVHOVT Committion * 1666797 Notoiy Public -CoHfomta | Son Diego County ^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: 2-007 Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee n Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" SCOPE OF SERVICES • Contractor will provide Citywide Litter Removal and Bulky Item Pick-up as outlined in their proposal in response to RFP 07-01, incorporated as part of this contract as Exhibit "B." • Fee for this service shall not exceed $106,659, to be invoiced by contractor to City on a monthly basis, based on actual work performed. • Contractor agrees to submit any proposed changes in vehicles to be used in the performance of outlined duties to the City of Carlsbad for approval prior to deploying said vehicles in the City. City Attorney Approved Version #04.01.02 10 Urban Corps of San Diego County Proposal to the City of Carlsbad For City Wide Litter Removal RFP # 07-01 The nr^ission of the Urban Corps of San Diego is to provide job training and educational oppdrtunities to young adults, in the fields of conservation, recycling, and community service which will assist youth In becoming more employable, while protecting San Diego's natural resources and instilling the importance of community involvement. Urban £orps of San Diego P.O. Box 80156, San Dtego, CA 92138-0156 |619) 235-6884 Fax (619) 235-5425 www.ufbancotpssd.org (URBAN CORPS! ISAM DIFG Table of Contents Cover letter Scope of Work Experience Project Staffing References Page 1 and 2 Page 3 Page 4 Page 5 Insurance Page 6 City of Carlsbad Ideal program, contractors qualifications, appendix l-ll Page? iSAN DIEGOl November 10, 2006 MIC:I.",£I :;v._ri;s.; • '• ••. ' j. JohnMcKelvey Project Manager .rl.EY t!.l-C-;\':'f\' .'I 'I'. '.. fV- £ /*! 11 J,-.,.„,,.,;, .,,, ...„.,. City of Carlsbad r 1635 Faraday Avenue ,;..M!i.-i ;«.H.ALsi-. ,.,. Carlsbad Ca, 92008 Re: City Wide Litter Proposal RFP #07-01 1 ''"""" Dear Mr. Kelvey •t:CU WTAMCK ; ,.. . , :. . Please find enclosed the Urban Corps of San Diego's proposal to provide litter ' V -V removal services for the City of Carlsbad. This proposal includes all insurance liability, equipment, vehicles, two corpsmembers and a supervisor. i Er, r,, ,•„ ^ne Urban Corps of San Diego County has over 10 years experience providing graffiti i removal and power washing services to the San Diego Unified Port District, the City of San Diego, the County of San Diego, and four Business Improvement Districts: 'L"vn''? I?AV! '*" City Heights, College Business Improvement District Avenue and National City ,: Morgan Square. We are knowledgeable in the field of litter abatement, large debris pick up and bus stop maintenance, and with our current resources, experience, and T.--I RI -*!:.•• v.-.i i !Ak-,i. equipment we feel we can successfully provide you with the level of service you ... ... i: :•:.-\- require. n:;«kL(,riE M:=P.f.itM gy allowing the Urban Corps of San Diego County to provide litter removal services to your City the Urban Corps fulfills its mission to preserve the California ' C*FK'M*»j'v't environment and provide inner-city youth with paid on-the-job experience and the opportunity to earn then- high school diploma through our on-site charter school.PAST pinscTORS rr B r g ivsLD'Dr. We look forward to the opportunity of working with you. Please feel free to contact me at (619 Sincerely, . cm, . ,,j ,c i,, ^^ at (619) 235-6884 should you have any questions, or need further information. Sam Duran Chief Executive Officer rt City of Carlsbad City Wide Litter Removal RFP # 07-01 Urban Corps of San Diego Proposal November 2006 1.0 Project Location: The service area encompasses the litter collection program in the City of Carlsbad involves removing trash and debris along the City's major arterial streets and roads (Carlsbad Blvd, La Costa Avenue, Rancho Santa Fe Road, El Camino Real, Palomar Airport Road, Cannon Road from Car Country Drive to College Blvd, Faraday Avenue from Cannon Road East approx 1-mile) at bus stops and other areas as requested. Urban Corps of San Diego (UCO) proposes to provide these services consistent with the preventative maintenance "Ideal Program" plan for the City of Carlsbad City Wide Litter Removal. 2.0 Project Understanding: UCO is submitting a comprehensive plan to provide the following litter, debris and appliance removal service. • Litter Control. • Hauling of appliances (stoves, refrigerators, etc). • Removal of Illegal Dumping. • Respond to non-emergency large object pick-up with in one (1) business day. • Provide a daily accounting of the volume of trash picked up on each City Street and right of way, at bus stops and the estimated weight of any bulky item picked up using the "Ideal Program". • Report to the City of Carlsbad any receptacles in need of replacement or repair. • Provide vehicles with lift gates (stake beds), and overhead safety lights which shall be activated when UCO's vehicles are stopped in the City's right of way. • All collected items are to be taken to a Public Works Yard or transfer station located with in the City of Carlsbad. • Trash Receptacles be maintained clean and in working condition. • Equipment Tools, vehicles, protective equipment, supplies and traffic control devises and signs. 3.0 Project Timing: The proposal being submitted by the UCO is for work commencing between January 2007 to December 2007. 3.0 Scope of Work: UCO proposes to provide litter collection services for the City of Carlsbad, including the removal of trash, debris and appliances along the City's major arterial streets and roads (Carlsbad Blvd, La Costa Avenue, Rancho Santa Fe Road, El Camino Real, Palomar Airport Road, Cannon Road from Car Country Drive to College Blvd, Faraday Avenue from Cannon Road East approx 1-mile), at bus stops and in other areas as requested. It is estimated that the collection crew could be driving up to 250 miles per week and or 13,000 miles annually. City of Carlsbad City Wide Litter Removal RFP # 07-01 Urban Corps of San Diego Proposal November 2006 UCO will provide vehicles to be used by the litter, debris, and appliance collection crew. Vehicle is to be equipped with a lift gate and overhead safety lights which shall be activated while vehicle is stopped in the City of Carlsbad right of way. UCO will provide a vehicle that is capable of transporting large volumes of litter (up to 5 cubic yards per day); including appliances (stoves, refrigerators') and any bulky item from locations through out the City of Carlsbad to a Public Works Yard or transfer station located with in the City. UCO will cover all loads and secure them to prevent spillage or dropping of litter and debris and bulk items. UCO vehicles are marked with a company logo, however UCO will use magnetic signs that indicate "Contractor for the City of Carlsbad" and will be used while UCO is working within the City of Carlsbad City Limits. UCO will provide safe traffic control technique training for all crewmembers that will provide the litter removal services for the City of Carlsbad litter abatement program that are approved by the American Traffic Safety Services Association. UCO will also provide all personal protective equipment, tools and uniforms necessary to complete assigned tasks. UCO will equip all crews with Nextel radios and cell phones in order to communicate with the City of Carlsbad representative and vice versa during City business hours. UCO will report upon discovery will any receptacles in need of replacement or repair to the City of Carlsbad representative. UCO will maintain all areas free of litter and debris. Bus stops shall be maintained free of litter, debris, and trash receptacles shall be maintained in a clean working condition. UCO will respond to City of Carlsbad request for non-emergency large or bulky item pick up with in one (1) business day. UCO will work with the City Carlsbad personnel to resolve concerns or complaints about the quality of service to reach a mutually agreeable solution. 4.0 Project Implementation: UCO will use a supervised crew of two (2) corpsmembers, five days a week for the litter and debris removal for the City of Carlsbad, using the "Ideal Program". UCO will provide daily accounting of the volume of trash picked up on each City Street and right of way, at bus stops and the estimated weight of any bulky items picked up. UCO will use a stake bed truck with lift gates, as well as hand trucks for appliances, and overhead safety lights will be activated when UCO vehicles are stopped in the City of Carlsbad right of ways. UCO's CIS Manager will inspect all jobs for quality control prior to submitting reports to The City of Carlsbad. City of Carlsbad City Wide Litter Removal RFP# 07-01 Urban Corps of San Diego Proposal November 2006 5.0 Experience: The Mission of the Urban Corps of San Diego is "to provide job training and educational opportunities for young adults in the fields of conservation, recycling and community service which will assist them in becoming more employable while protecting San Diego's natural resources and instilling the importance of community service, address and identifies critical issues facing 18-25 year old youth from under-served inner city communities; including High School drop out, high unemployment and the lack of job skills and job opportunities. The Urban Corps provides job and educational opportunities that instill basic work skills, discipline, paid on-the job training, academic advancement, and the chance for a successful future. UCO has 12-years experience in performing graffiti removal service with the City of San Diego, and the Port of San Diego. As a contractor with the City of San Diego, UCO operates a 24-hour hotline for citizens to report graffiti, and UCO is able to remove the graffiti in under 24-hours of reported graffiti observance. UCO maintains the following Business Improvement Districts: National City Morgan Square, City Height Business Improvement District, College Business Improvement District, Promote La Jolla, Center and North Park Business improvement District. UCO provides weed removal, graffiti removal, tree maintenance, gutter and sidewalk sweeping, replacing and the removal of trash liners, removal of appliances and bulky items (sofas, stoves, and mattresses) from alleys and right of ways and the removal of litter from bus stops within the Business Improvement Districts. For 5-years UCO has provided tree-planting services through out the City of San Diego working with the City's Forestry Advisory Committee. UCO also works with San Diego Gas and Electric to provide tree planting services and educational courses on the importance of Urban Forestry. UCO works with the City of San Diego Metropolitan Waste Water Department (MWWD), UCO provides habitat restoration, irrigation installation and repairs, and erosion control using the BMP's methods. 6.0 Staffing: Urban Corps of San Diego staff has a cumulative 70-years experience in providing services throughout the City of San Diego, and with working with local and statewide government entities. Sam Duran. Chief Executive Officer: Sam Duran has spent 30-years in operations and management heading up non-profit conservation organizations specifically programmed toward inner city youth. As the founding CEO of the Urban Corps of San Diego, Sam Duran has grown the organization from its original annul budget of $350,000 to $4.8 million. Current Affiliations: Board Member of Earth Share of California City of Carlsbad City Wide Litter Removal RFP # 07-01 Urban Corps of San Diego Proposal November 2006 Commissioner, City of San Diego Salary Setting Commission Board Member, Conservation Corps State Museum Board Member, City of San Diego Senior Affairs Advisory Board Board Member, San Diego River Walter "Cisco" Hunter Deputy Director BSA Walter E. "Cisco" Hunter brings over twenty years of experience working with young people in the Corps movement both at the state and local level. He has worked in both the public and private sector, and came to the Urban Cops after serving as Regional Director with the United Domestic Workers of America and Executive Director of Eureka Communities of Los Angeles. Sam Lopez Director of Environmental Services: Starting out as a corpsmember with the California Conservation Corps, Sam rose through the ranks to become a crew leader. Through hard work and dedication he went on to be promoted to supervisor, manager, and to his current position as Director of Environmental Services at the Urban Corps of San Diego. Sam has experience interacting with City officials and the public, and is knowledgeable of the City of San Diego's requirements and ordinances. Sam currently oversees a staff of 8-managers, and supervisor and 60 corpsmembers and has worked for the Urban Corps of San Diego 14 years. D'Wane Brown Community Improvement Service Manager: D'Wane Brown has managed the Urban Corps' graffiti contracts with the City of San Diego for 3-years, and the San Diego Unified Port District graffiti for 2-years and also oversees all Business Improvement Districts. During this time he gained experience working and communicating with City, Port and BID staff, as well as working with the public while running a 24-hours graffiti hotline. D'Wane has experience and knowledge of the City's ordinance and requirements. Urban Corps currently has a team of 2-corpsmembers and one supervisor working 8 hours a day removing graffiti from properties owned or controlled by Port of San Diego. We have four crews removing graffiti in the City of San Diego through a contract with Neighborhood Code Compliance, as well as with the Cites of Escondido and Chula Vista. Urban Corps provides steam cleaning, chemical and paint graffiti removal for the following Business Improvement Districts; College Business Improvement District, City Heights Business Improvement District, National City Morgan Square, Promote La Jolla, Naval Training Center, and San Diego Metropolitan Transit System . City of Carlsbad City Wide Litter Removal RFP # 07-01 Urban Corps of San Diego Proposal November 2006 } } I 7.0 References: Urban Corps of San Diego is currently serving the following organizations with a scope similar to this RFP. Urban Corps authorizes the City of Carlsbad to contact and obtain references. Norma Espinosa Senior Public Works Specialist (Graffiti Removal Services) 1800 Maxwell Road Chula Vista Ca, 91911 619-397-6037 Contract Value $49,999.00 Period 1-year Enrique Gandarilla Executive Director City Heights Business Association (steam cleaning, graffiti removal, Debris Removal and maintenance) 3910 University Avenue San Diego Ca, 92105 619-516-2282 Contract Value $164,000.00 Contract Period 2-years Christina Kish Executive Director (steam cleaning, graffiti removal, Debris Removal and maintenance) College Area Business District P.O.Box 151176 San Diego Ca, 92175 619-582-1093 Contract Value $ 100,000.00 Contract Period 2-years Ditas Yamane Secretary (steam cleaning, graffiti removal, Debris Removal and maintenance) Morgan Square Business Improvement District 835 D Avenue National Avenue National City Ca, 91950 619-474-6888 Contract Value $130,000.00 Contract Period 2-years Richard O'Donnel Deputy Director Maintenance and Operations (Graffiti Removal Services) City of Escondido Public Works Maintenance Yard 475 North Spruce Street Escondido Ca, 92025 760-839-4377 Contract Value $123,000.00 Contract Period 1 -year City of Carlsbad City Wide Litter Removal RFP # 07-01 Urban Corps of San Diego Proposal November 2006 8.0 Description of Insurance: Urban Corps of San Diego possess the following Insurance coverage through Faith Insurance Services. General Liability: $ 1,000,000 per occurrence Damage to Rented Premises $ 200,000 per occurrence Medical Expense $ 10,000 per person Personal and Advance Injury $1,000,000 General Aggregate $3,000,000 Products, comp/Op Agg. $3,000,000 1 I l-Hlll-l lINbUKHINUt AGQR& CERTIFICATE OF LIABILITY INSURANCE PRODUCERProfessional Insurance Associates, Inc. House Account 1100 industrial #3 P.O. Box 1288 San Carlos, CA 04070 «****> URBAN CORPS Of SAN DIEGO 3127 Jefferson Street Post Office Vox 80155 San Diego, CA 92113 i DATE 11/13/2006 THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Aaar lean 3tat« Insurance Coapany INSURERS! First National Insurance Co. of Aawica INSURER C; INSURER D: INSURER E: COVERAGES MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. If A B TYPE OF INSURANCE GENERAL LIABEJTV _x_COMMERCIAL GENERAL LIABILITY __] CLAIMS MADE [ X I OCCUR GEM. AOSRESATE LIMIT APPLIES PER: ~|poucYnpgr HLOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS QARASE LIABILITY ANYAUTO EXCESS LIABILITY _) OCCUR j CLAIMS MADE R DEDUCTIBLE RETENTION I EMPLOYERS' LIABILITY OTHER poucv NUMBER I "SwrrwBowvvF lPDATy<§Mmo/wMl UMTS 01C6B2B15520 25CC00154B40 10/25/2006 10/25/8008 10/25/2007 10/25/2007 EACH OCCURRENCE FIRE DAMAGE (Any an Ika) MED EXPIAny eni (man) PERSONAL & APV INJURY QENERALAGliREQATE PRODUCTS . CCMP/OP AQQ COMBINED SINQLE LIMIT(Ee accident) BODILY INJURY(Pwpiron) BODILY INJURY(P»r uciihnl) PROPERTY DAMAQE(P«r mxld.nl) AUTO ONLY • EA ACCIDENT OTHFR TIJAM E^ ACC AUTO ONLY: ^g EACH OCCURRENCE A80AEQATE WCSTATU- 1 iOTH-TODY LIMITS 1 ER E.L. EACH ACCIDENT E.L DISEASE • EA EMPLOYE E.L. DISEASE • POLICY UMfT *1 .000, 000 $ 200, 000 (10.000 ll.OOO. 000 (3,000.000 (1.000,000 (1.000,000 s . . DESCRIPTION OF O«RATWNSLOCATlCNe/VEHieLESIEXeLU8IONS ADDED BY EWORSEMENTAFECIAL PROVISIONS The City of Carlsbad is named Additional Insured RE: City of Carlsbad City Wide Litter Removal REP W7-01 I I ] CERTIFICATE HOLDER | X i ADDTOONAL MURE* Msum-ii LETTER: A CANCELLATION City of Carlsbad Attn. : John McKolvey 1835 Faraday Avenue Carlsbad CA 92008-7314 SHOULD ANV OF THE ABOVE DKCW8BO POUCIEB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IS3UMO INSURER WIU^Bgyig^ O MAIL 30 DAYS WNTTGN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE t£FT)CIOi;5«tX?60U?W»SU *LL XM&MXX&WKWG^^ CH ACORD 25-5 (7/97)O ACORD CORPORATION 1988 TDTRL P.02 POLICYHOLDER COPY SP COMPENSATION INSURANCE FUND P.O. BOX 4ZD807. SAN FRANCISCO.CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-13-2006 GROUP: 000048 POLICY NUMBER: 0015587-ZOOS CERTIFICATE ID: 61 CERTIFICATE EXPIRES: 07-01-Z007 07-01-2006/07-01-2007 CITY OF CARLSBAD 1«S FARADAY AVE CARLSBAD CA 92008-7314 SD JOB: PROJECT RFP07-01 CITY WIDE LITTER REMOVAL This is to certify that w« have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also 0l»e you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. <*W* IOR1ZEP REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYS) URBAN CORPS OF SAN DIEGO A NON PROFT CRP PO BOX 801 SB SAN DIEGO CA 92138 SD PRINTED [LC7.CN]11-13-2O06 City of Carlsbad RFP City Wide Litter Removal • Ideal Program (Page 11) • Contractors Qualifications (Page 12) • Appendix I Vehicle List (Page 14) • Appendix II Proposal Cost (Page 15) I«I•3JOW 3 uiI I \ I 3 j Request for Proposal-City of Carlsbad Litter Removal PART III - TERMS AND CONDITIONS See the City's standard agreement, which is attached hereto as Exhibit A for the terms and conditions. In addition to agreement to the City's standard terms and conditions, contractors must provide a statement agreeing to the terms and conditions or state objections to them. In the absence of objections, the City will assume contractor concurrence. These terms and conditions will form the basis of key sections of the required Agreement between the City and the successful contractor. Terms and conditions of the agreement will be modified only by mutual consent of the City and the contractor. The Agreement shall be governed by and construed in accordance with the laws of San Diego County and in the State of California. PART IV - SUBMISSION REQUIREMENTS 1.0 CONTRACTOR'S QUALIFICATIONS A. Company Name, address, telephone number, fax number, email, and contact for the Project Manager who will coordinate the program and serve as the City's principle point of contact (including title, telephone number and email). Contact person shall be familiar with the program being proposed, and shall have the authority to negotiate on behalf of their company, and obligate their company to any agreements reached. B. Organization of firm: Corporation (V) Partnership () Sole Proprietorship () Other( ) C. Provide a brief description of recent qualifications and experience that demonstrate the ability to perform the desired work successfully. Additionally, please provide a list of references for comparable work you have performed in the last 3 years. The city reserves the right to contact any or all references provided as part of the vendor selection process. D. 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