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HomeMy WebLinkAbout2010-02-23; City Council; 20130; Agreement with Urban Corps Litter Removal ServicesCITY OF CARLSBAD - AGENDA BILLv^i^7 AB# 20,130 MTG. 2/23/10 DEPT. Utilities APPROVE SERVICE AGREEMENT WITH URBAN CORPS OF SAN DIEGO, INC. FOR CITYWIDE LITTER REMOVAL SERVICES (^ DEPT. DIRECTOR ^y^ CITY ATTORNEY ft. CITY MANAGER * v_^-- RECOMMENDED ACTION: Adopt Resolution No. 2010-032 _, to approve a service agreement with Urban Corps of San Diego, Inc. (Urban Corps) for citywide litter removal from roadways and storm drain outfalls. ITEM EXPLANATION: The City of Carlsbad currently conducts litter removal along major arterials and storm drain outfalls citywide. Removal of litter from the City serves several purposes. First, and most obvious, is the aesthetic benefit. Maintaining the City's rights of way in a litter-free condition improves the appearance of the City for its citizens and visitors. Secondly, the removal is necessary to keep trash and debris from entering the City's storm drain system. Litter and debris removal is a requirement of the National Pollution Discharge Elimination System Permit issued by the San Diego Regional Water Quality Control Board. Failure to prevent trash from entering the storm drain system could result in administrative penalties. Lastly, removing debris and litter from storm drain outfalls alleviates the problem of litter in open spaces. Urban Corps is a non-profit conservation corporation created over 30 years ago by the City Council of the City of San Diego to provide a job training and career development program for at-risk youths. Urban Corps was awarded the previous contract for litter removal in a competitive process and has performed in an exemplary fashion. This contract has recently expired. Under Carlsbad Municipal Code § 3.28.110(A)(6), the bidding process can be waived for quasi-governmental agencies, such as Urban Corps. Staff recommends that Urban Corps be awarded this new contract. ENVIRONMENTAL IMPACT: This activity is not subject to CEQA review as this activity will not result in a direct or a reasonably foreseeable indirect physical change to the environment. FISCAL IMPACT: The annual cost for this contract is $148,500 and there are sufficient funds in the Solid Waste fund for this contract. The contract has 4 additional one-year renewals. Additional years would be contingent on annual budgeted appropriations. DEPARTMENT CONTACT: Clayton Dobbs 760-438-2722, x7108 clavton.dobbs@carlsbadca.gov FOR CITY CLERKS USE ONL Y V/ COUNCIL ACTION: APPROVED JK. DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER -SEE MINUTES D EXHIBITS: 1. Resolution No. 2010-032 to approve a service agreement with Urban Corps of San Diego, Inc., for citywide litter removal at storm drain outfalls and roadways. 2. Service agreement. 3. Urban Conservation Corps Resolution No. R-271221 adopted on June 20, 1988. EXHIBIT 1 1 RESOLUTION NO. 2010-032 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE A SERVICE AGREEMENT WITH URBAN CORPS OF SAN DIEGO, INC. FOR 4 CITYWIDE LITTER REMOVAL SERVICES. 5 WHEREAS, Urban Corps of San Diego, Inc., (Urban Corps) is a non-profit conservation 6 corporation created by the City of San Diego; and 7 WHEREAS, Carlsbad Municipal Code § 3.28.110(A)(6) states that "Goods, services 8 and/or professional services obtained from or through agreement with any governmental, public 9 or quasi public agency" are exempted from the purchasing ordinance; and 10 WHEREAS, Urban Corps has submitted a proposal to the City to provide litter removal services from roadways and storm drain outfalls; and WHEREAS, Urban Corps has the necessary skills and experience to provide excellent I O service to the citizens of Carlsbad; and14 WHEREAS, sufficient funds are available in the existing department operating budget to I 0 fund this agreement.16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:1o 1 g 1. That the above recitations are true and correct. 20 2. That the Mayor of the City of Carlsbad is authorized and directed to execute the 21 agreement between Urban Corps of San Diego, Inc., and the City of Carlsbad for 22 citywide litter removal services. 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 23rd day of February, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. PERRAINE M. EAL) OD, City ClerlJ EXHIBIT 2 AGREEMENT FOR CITYWIDE LITTER REMOVAL AND STORM DRAIN OUTFALLS CLEANING/ INSPECTIONS SERVICES Urban Corps San Diego THIS AGREEMENT is made and entered into as of the o day of <^S* JCLAJULO^-^ , 20 16 , by and between the CITY OF CARLSBAD, a municipal "corporation, ("Chi&J), and Urban Corps of San Diego, a not for profit corporation, ("Contractor"). RECITALS A. City requires the professional services of a litter removal and inspection service that is experienced in right-of-way litter removal and inspections and litter removal of storm drain outfalls. B. Contractor has the necessary experience in providing professional services and advice related to citywide right-of-way litter removal and storm drain outfalls cleaning/inspections services. 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. Contractor will provide citywide litter removal and bulky item pickup as outlined in their proposal in response to our RFP 07-01 , incorporated as part of this contract as Exhibit "B". 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 four additional one year periods or parts thereof in an amount not to exceed one hundred forty eight thousand five hundred dollars ($148,500) 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. City Attorney Approved Version #05.06.08 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred forty eight thousand five hundred dollars ($148,500). 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 #05.06.08 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-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 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 #05.06.08 1 10.1.3 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. 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. 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, City Attorney Approved Version #05.06.08 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 Clay Dobbs Name Title Supervisor Title Department Utilities Address City of Carlsbad Address 5950 El Camino Real Phone No. Phone No. (760)438-2722 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 income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. City Attorney Approved Version #05.06.08 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 non performance 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 City Attorney Approved Version #05.06.08 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 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 City Attorney Approved Version #05.06.08 prior consent of City, which shall not be unreasonably withheld. 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 #05.06.08 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 icipal 'ifornia (print name/title) B ATTEST: (j LORRA^E M.<Lc\U D (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution 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 Attorneya Deputy City Attorri^ City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On ^A." "P ~£xO\C) before ss. OLGAMUNOZ Name(s) of Signer(s) jrsonally known to me proved to me on the basis of satisfactory evidence to be the person(e)—whose namefs^ is&ro • subscribed to the within instrument and acknowledged to me that hefehe/lhey executed the same in his/hor/thoir authorized capacity4iac)7 and that by hiG/hor/thoir signature(sf°n the instrument the persorvfs}, or the entity upeffbehalf of which the person4e)- acted, executed the mstrumejit. WITNESS 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. I Description of Attached ^Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: t )(6vr\\kPA LJ AJLTQUn D IndividualD Individual n \ r\ -\— &-Corporate Officer - Title(s): VJ(\lPT KJ<>e D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswonh, CA 91313-2402 • www.NationaiNotary.org Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT iI 1iiiiiiiiiiiiiiii IP I t State of CaliforniaaCounty of «. ____ < a-\o-\DOn. Date personally appeared _ . before me, \ \ • \ \ \ \ \ jN \A\ (j|WA OCmU Name(s) of Signer(s) t D personally known to me ]^pr5ved to me on the basis of satisfactory evidence SAN DfEQO COUNTY^ssBsar to be the persortfs)- whose name^s)- is subscribed to the within instrument and acknowledged to me that ho/oho/thoy executed the same in his/her/their authorized capacity-(ies)r- and that by his/herAheif signature(s)-en the instrument the person(s}, or the entity upon behalf of which Jhe person(s}— acted, executed the^ifiSTrument. WITNESS 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:/MT JS> ^dC{ j^l V Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: _ Corpv 4 D Individual | £XQorporate Officer — Title(s): $ D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER T9P of thumb here Signer Is Representing:. I 1 I I IiIliI! ! I ycje,c^(jCxj<X}Cx2^<^^(^^ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" SCOPE OF SERVICES • Contractor will provide inspection and trash removal at City-owned storm drain outfalls, incorporated as part of this contract as Exhibit "A". Contractor will provide citywide litter removal and bulky item pickup as outlined in their proposal in response to our RFP 07-01, incorporated as part of this contract as Exhibit "B". • Fee for services shall not exceed $148,500 annually, to be invoiced by the contractor to the City on a monthly basis, based on actual work performed. • Contractor will provide photographs at each City-owned storm drain outfall on a placard with an identification number that coincides with each City- owned storm drain outfall. • Contractor will utilize City provided inspection form as directed by Project Manager. City Attorney Approved Version #05.06.08 10 of San Diego County ^ froposal^flie IM isCif ilfC^ f 4 City Wd0 IWe* Removal RFP # §7-01 '^in^sh^<^i|^^^iipMps of Siapi Dieg4 is toiipra^ie Job training onid edooalional opportunities M^jiirip adults, in iht fields <if ccwis®rvQflon, recycfing, and ccwnmunlty servfefr^fch^i p^fet ^julh In becoming more 0mpbyabte,whteprofectir»g San Diego's natural resources and instilling the importance of community involvement. •i ••! ••: ' [• '': " • '•. : : : '•• ' ' , : ' Urtwn Corps of San Diego P.O.Box80156,SanD(ego. CA92138O15A (619) 235-6884 Fax (619) 235-5425" Table of Contents Cover letter Scope off Work Page 1 and 2 Experience Page 3 Project Staffing Page 4 References Page 5 Insurance Page 6 City of Carlsbad Ideal program, contractors qualifications, appendix HI Page? iSAN DIEGO r»:;:i*.2i : .'~t 'i;*.: • John McKelvey Project Manager 1635 Faraday Avenue Carlsbad Ca, 92008 Re: City Wide Litter Proposal RFP #07-01 Dear Mr. Kelvey Please find enclosed the Urban Corps of San Diego's proposal to provide litter removal services for the City of Carlsbad. This proposal includes all insurance liability, equipment, vehicles, two corpsmembers and a supervisor. The Urban Corps of San Diego County has over 10 years experience providing graffiti removal and power washing services to the San Diego Unified Port District, the Gty of San Diego, the County of San Diego, and four Business Improvement Districts: 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 v K:I *L.- w.i i iMw equipment we feel we can successfully provide you with the level of service you ..:,. ... .. ?••. .v-i- require. (Kuit.ni i oir,i:-i 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 •4.ki tbwiui»t>c-iiM» environment and provide inner-city youth with paid on-the-job experience and the opportunity to earn their high school diploma through our on-site charter school. P.'.ST BISECTORS it Wilbur. We look forward to the opportunity of working with you. Please feel free to contact. cur ,j i.. ,^^ ^^ (619) 235-6884 should you have any questions, or need further information. Sincerely, . , Sam Duran Chief Executive Officer . )>*«>'iBEST Y 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 preventaiive 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, £1 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 tracks 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 PitraiLL 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. P'Wane Browa 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 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. Norrna Espinosa Senior Public Works Specialist (Graffiti Removal Services) 1800 Maxwell Road Cfaula 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 City of Carlsbad RFP City Wide Litter Removal • Ideal Program (Page 11) • Contractors Qualifications (Page 12) • Appendix I Vehicle List (Page 14) « Appendix H Proposal Cost (Page 15) Request for Proposal-City of Carlsbad Litter Removal Litter and Debris Pickup - Preventative Maintenance (IDEAL PROGRAM) Activity: litter Pickup within City Right of Way Litter Pickup on Carlsbad Blvd Litter Pickup cm La Costa Ave Litter Pickup OE Rancho Santa Fe Road Litter Pickup on El Caraino Real Litter Pickup on Palomar Airport Rd Cannon Road from Car Country Drive to College Blvd Faraday Avenue from Cannon Road east approximately 1 mile (where businesses begin) Estimated number of occurrences pea: year 52 52 26-52 52 52 12 12 Unit Days Days Days Days Days Days Days Ideal Program Every Monday Every Tuesday Tuesday afternoons if tune permits Every Wednesday Every Thursday As needed- approximately 1 time per month Asneeded- approximately 1 time per month Projected units (note: aU mileage is one way, both sides of roadway are to be included in estimates) 7 miles — entire length of roadway within City Limits; includes all median/open space between lanes. 4.6 miles East of El Camino Real to Interstate 5 2,3 miles Between La Costa Avenue and Melrose Drive 9.1 miles (includes bus stops) between Southern and Northern City limits 6. 1 miles (includes bus stops) between Carlsbad Boulevard and Western City Limits Approximately 3 miles Approximately 1 mile Estimated cu. Yd. litter picked up weekly :/*- • ' '"' - . •*•'••"'•-. ' " . - ' .r% ''."•" '•' .•*"!.';".. . .' •"• _--' . .,..> '".-' • ';*••-. "' • :; ::; : X, 20 cu. YdL Estimated cu. Yd, litter picked up annually '. /p. - ' \::,' '• • ; *'•* ' - •• **• ";"*VK-" '"-"'••?.." : ; -'y-'-. ''. ' "" vLV'1" - '•--.*. -* ' ;•-/- " • r~- ~, " ' •'•' " '•"-- 1040 cu. Yd. *In addition to the above schedule, litter pickup crew/s respond to citizen and employee requests and complaints. These requests can include large items such as tires, sofas, and other furniture. 11 Request for Proposal-City of Carlsbad Litter Removal PART El - TEBMS 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. List all firm's Officers and Title: Titk CEO Cisco HuKter ' Deputy Director Sam Lopez Director of Environmental Service B'Wane Brown C1S Manager 12 Request for Proposal-City of Carlsbad Litter Removal PART V - APPENDIX I Please complete this spreadsheet to indicate the number of vehicles, the type (dump truck, pickup, etc) and the vehicles' age, mileage and storage capacity. Additional features includes information lite capacity of the truck (if it is greater than average) or if there are outstanding features that make the vehicle better suited to litter and large item collection, The city reserves the right to approve or disapprove of any vehicle prior to allowing vehicles to perform work within City Limits. Vehicle list [ Number. 1 2 3 'Vehicle Tgjpe^' •' 115 Stakebed « Stakebed #17 Pick up , Ford-350 Ford-350 Ford-150 \S5ab?^ 2005 2003 2005 •Mitsflj^T;^*- 19f39^ 46645 19951 '•?GS|)aci^'4r :;;;- 6 Passenger 6 Passenger r_ Passenger 1 '"••••'•••: -•: } Liftgate GPS system Side stakes Liftgate Side stake/ GPS system 14 APPENDIX H-Proposal Cost Request for Proposal-City of Carlsbad Litter Removal Activity: Litter Pickup within City Right-of-Way Litter Pickup on Carlsbad Blvd Litter Pickup on La Costa Ave Litter Pickup on Rancho Santa Fe Road Latter Pickup on El Camino Real Litter Pickup on Palomar Airport Rd Cannon Road from Car Country Drive to College Blvd Faraday Avenue from Cannon Road, east approximately 1 mile (where businesses begin) Hourly Rate for extra work, if necessary (fgrgntyg crew^not per person). Estimated number of occurrences per year 52 52 26-52 52 52 12 12 N/A Estimated Mileage (note; all mileage is one way, both sides of roadway are to be included in cost proposal). 7 miles - entire length of roadway within City limits; includes all medians/open space between lanes. 4.6 miles east of El Camino Real to Interstate 5 2.3 miles between La Costa Avenue and Melrose Drive. 9,1 miles (includes bus stops) between Southern and Northern City Limits. 7.3 miles (includes bus stops) between Carlsbad Boulevard and Western City Limits. Approximately 3 miles Approximately 1 mile N/A Total per Month $ 1950 $ 1300 $ 650 $ 1950 $ 1950 $550 $538.25 $ Grand Total Annual Total $23,400 $ 15,600 $ 7,800 $23,400 $ 23,400 $6,600 $ 6,459 $ 106,659 15 EXHIBIT 3 (R-88-2489) RESOLUTION NUMBER R-271221 ADOPTED ON JUNE 20, 1988 WHEREAS, on November 18, 1987, the Committee on Rules, Legislation and Intergovernmental Relations adopted a three-year work plan for youth services; and WHEREAS, the primary program activity, as outlined in the youth services work plan adopted by the Rules Committee, is the Urban Conservation Corps; and WHEREAS, the Urban Conservation Corps activity is a program designed to build character in each of its participants, while at the same time, providing them with training and employment opportunities; and WHEREAS, these activities will be accomplished through a program that incorporates a rigidly structured work environment with an emphasis on building self pride and a sense of commitment to one's community; and WHEREAS, the Urban Conservation Corps is patterned after the California Conservation Corps (CCC) and there are currently five other California cities implementing such program; and WHEREAS, in January 1988, the Community Services Program hired a consultant, Alan Weisberg, Ph.D., to conduct a feasibility study of the Urban Conservation Corps; and WHEREAS, his report was completed and submitted to the Community Services Program and the City Manager's office on April 20, 1988 and a copy of the full study, including a brief summary, is on file in the office of the City Clerk as Document No.271221; and WHEREAS, based on a review of the consultant's report, the success of other programs in California, availability of financing and need for the program it is recommended that the City Council take the necessary steps to implement an Urban Conservation Corps for The City of San Diego; and WHEREAS, an in-depth discussion of the matter is provided in City Manager's Report No. 88-294, dated May 26, 1988; NOW, THEREFORE, BE IT RESOLVED, by the Council of The City of San Diego, that in accordance with the recommendation of the City Manager in his Report No. 88-294 the implementation of an Urban Conservation Corps program for The City of San Diego be and it is hereby EXHIBIT 3 authorized. BE IT FURTHER RESOLVED, that as set forth in City Manager's Report No. 88-294, in detail and pursuant to the recommendations contained therein, a Steering Committee be appointed by the Mayor and Council to guide and oversee the creation of the Urban Conservation Corps to include incorporation and establishment of bylaws and filing for tax exempt status, preparation of proposals for state funding and organization of private fundraising processes, establishing criteria and overseeing search efforts for hiring an executive director and providing to the City Council an advisory recommendation of persons qualified to serve on a permanent Board of Directors. APPROVED: JOHN W. WITT, City Attorney By Jack Katz, Chief Deputy JK:smm 06/07/88 Or.Dept:Mgr. R-88-2489 Form=r.none 31