HomeMy WebLinkAbout2016-06-28; City Council; 22330; Approve Neighborhood Clean-Up,Revitalization, and Public NuisanceAbatement Service Agreement with UrbanCorps of San Diego County and transfer$150,000 from Council Contingency for Program FundingCITY OF CARLSBAD-AGENDA BILL
AB##
MTG.
DEPT.
22,330
--6/28/16
CEO
Approve Neighborhood Clean-Up,
Revitalization, and Public Nuisance
Abatement Service Agreement with Urban
Corps of San Diego County, and transfer
$150,000 from Council Contingency for
Program Funding
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RECOMMENDED ACTION:
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
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Adopt City Council Resolution to approve a service agreement with Urban Corps of San Diego County, Inc.
(Urban Corps) for a two year pilot program to assist with neighborhood clean-up and revitalization as well
as public nuisance abatements on an as-needed, on-call basis throughout the city, with a primary focus
within the historic Barrio as part of the Operation Barrio Strong program, and authorize a transfer of
$150,000 from the City Council Contingency fund for the program to be administered by Housing &
Neighborhood Services.
ITEM EXPLANATION:
For several years, residents of the historic Barrio have expressed concerns to the city that a more focused
effort is needed to address decline and deterioration in the physical appearance of this older, well-
established neighborhood. A comprehensive staff team assessment of the area indicates that there is a
lot of good within the neighborhood and that some revitalization efforts are already occurring through
resident led initiatives. The staff assessment also indicated that there is still some room for improvement
in several areas. In response, the city team developed a multi-year operational mission to address various
resident concerns; this program is known as Operation Barrio Strong.
There are 4 key initiatives being implemented for Operation Barrio Strong as noted below:
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Education & Information
Encourage voluntary compliance to address common
code violations and assist with neighborhood
revitalization efforts. ---------------------------~--------
Project Identification & Action Plans
Focused attention for code enforcement, clean-up and
property improvements.
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Neighborhood Safety
Implement programs to improve safety in the area:
lighting, traffic control, address impact of gang activity,
~_nd~ighbortl_()()cj watch _ ---------~-----------
Service Days
Develop and implement days of service; clean-up parks,
streets, private properties (for those that need
assistance); rebuild or refresh historic properties or
features.
DEPARTMENT CONTACT: Debbie Fountain 760A34-2935 debbie.fountain@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
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Item No. 8 - AB #22,330 June 28, 2016 Page 1 of 16
Page 2
In its research of various programs and/or efforts that could assist with neighborhood revitalization, staff
identified that Urban Corps, which was founded in 1989, offers a variety of environmental and community
services desired by the city while also providing job training to at risk and other youths. More specific to
the desired work for Carlsbad and its neighborhood revitalization effort, Urban Corps offers landscaping
services and parkway revitalization/improvements, public property clean-up, and can assist with city
manager authorized public nuisance abatements such as removal of junk and debris, restoration of
habitat, removal of landscaping impacting public rights-of-way or other similar tasks.
Staff is initially recommending a $150,000, two year contract to partner with Urban Corps as a pilot
program to assess the operation of such a neighborhood revitalization program in Carlsbad and time to
evaluate its success. The intent of the program is to use the employee resources offered by Urban Corps
to expand the city's capacity to serve the public through code enforcement/abatement efforts and to
assist with various neighborhood revitalization efforts such as clean-up days and/or other projects which
assist in the effort to remove blight from neighborhoods and improve the quality of life for neighborhood
residents. It is also hoped that this proposed pilot program will develop in such a way as to provide for
civic education/job training program for at-risk youth and/or other youths in the careers of code
enforcement and related community service employment; youth will be given the opportunity to learn
from government employees how to best serve the public through city-led efforts and will gain experience
by actually doing the work in Carlsbad.
For FY 2016-17, the City Council has two goals that relate to this proposed program with Urban Corps.
The first goal relates to the effort to "enhance the health and vitality of the Village and Barrio, two
neighborhoods that represent the historic heart of Carlsbad." Specifically, this proposed program is
intended to assist staff in "developing the resources....to maintain and improve the small town feel, beach
community character and connectedness" of both the Village and Barrio, as well as "continuing with the
Operation Barrio Strong Program... to enhance the quality of life of Barrio residents". The second relevant
goal is "developing lifelong learners, civic leaders and valuable members of the public and private
workforce in Carlsbad through education partnerships and skills development." This program with Urban
Corps will allow the city to expand its resources to provide community services to revitalize and beautify
the Barrio and other neighborhoods of Carlsbad, as needed, and may also ultimately develop into a job
training, civic education and career mentoring program for youth.
Because Urban Corps has been previously determined by the city to be a quasi-governmental agency, the
city's purchasing regulations allow for waiver of the bidding process (CMC 3.28.110(F)) and award of this
contract directly to Urban Corps for this pilot partnership program in the Barrio, and to assist staff with
public nuisance abatements in other parts of the city as needed. When used for abatement activities on
private property, the property owner will be assessed the costs of those abatement efforts and the city
will seek reimbursement as permitted by the Carlsbad Municipal Code and authorized by the City
Manager, to include tools such as property liens, civil action, and civil or criminal judgements.
FISCAL IMPACT:
Staff's recommendation is to initially fund this contract for a two year period at a total maximum cost of
$150,000, and to appropriate the funds for the contract from the City Council Contingency Fund. This
fund currently has a balance of $360,800. When used for abatement activities on private property, the
property owner will be assessed the costs of those abatement efforts and the city will seek reimburse-
Item No. 8 - AB #22,330 June 28, 2016 Page 2 of 16
Page 3
ment as permitted by the Carlsbad Municipal Code and authorized by the City Manager, to include tools
such as property liens, civil action, and civil or criminal judgements.
Although development of the program will occur over time during the pilot period, it is staff's hope that
the public benefits will ultimately include job creation and training for low income at risk and/or other
youth, civic education, servant leadership, public nuisance abatements, clean-up and beautification of
blighted properties (within the public right-of-way or on public property}, and general neighborhood
revitalization. If after the two year pilot program, a determination is made that this new program is
successful in its intent and adequate funds are again appropriated to continue it, staff will prepare a new
contract for approval.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. City Council Resolution to approve a service agreement with Urban Corps of San Diego County, Inc.
(Urban Corps) for a two year pilot program to assist with neighborhood clean-up and revitalization as
well as public nuisance abatements on an as-needed, on-call basis throughout the city, with a primary
focus within the historic Barrio as part of the Operation Barrio Strong program, and authorize a
transfer of $150,000 from the City Council Contingency Fund for the program to be administered by
Housing & Neighborhood Services.
Item No. 8 - AB #22,330 June 28, 2016 Page 3 of 16
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RESOLUTION NO. 2016-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH URBAN CORPS OF SAN DIEGO COUNTY, INC. FOR A TWO
YEAR PILOT PROGRAM FOR NEIGHBORHOOD REVITALIZATION
SERVICES,
PROPERTY
PUBLIC NUISANCE ABATEMENTS AND RELATED
CLEAN-UP SERVICES, AND AUTHORIZING THE
ADMINISTRATIVE SERVICES DIRECTOR TO TRANSFER AND
DISBURSE UP TO ONE HUNDRED FIFTY THOUSAND DOLLARS FROM
THE CITY COUNCIL CONTINGENCY FUND FOR OPERATIONAL COSTS
RELATED TO IMPLEMENTATION OF SAID PROGRAM, AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE
CONTRACT WITH URBAN CORPS OF SAN DIEGO COUNTY
The City Council of the City of Carlsbad, California, does hereby resolve as follows:
WHEREAS, the City Council desires to implement a neighborhood clean-up and
revitalization program as well as public nuisance abatements for the Carlsbad community, with
specific focus in the Barrio, in partnership with Urban Corps of San Diego County; and
WHEREAS, the City Council desires to implement a program in partnership with
Urban Corps of San Diego County that not only results in city manager authorized public nuisance
abatements, and clean-up and beautification of blighted properties but also provides for civic
education, job creation and training for low income, at risk youth; and
WHEREAS, the public purpose served by the partnership between the City of
Carlsbad and Urban Corps of San Diego County for neighborhood revitalization activities
throughout the community, but primarily within the Barrio includes, includes but is not limited
to: 1) clean-up and beautification of blighted properties, 2) public nuisance abatements on public
property and/or within public right-of-way, as well as on private property when authorized by
the City Manager as a code enforcement action, and 3) and neighborhood revitalization through
focused attention on enhancements and or improvements.
Item No. 8 - AB #22,330 June 28, 2016 Page 4 of 16
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Carlsbad City Council hereby approves the service agreement with
Urban Corps of San Diego County to implement a two year neighborhood revitalization pilot
program as directed by the city and on an "on-call" basis and as defined in the "scope of services"
included in the agreement attached to this resolution as Attachment A.
3. That the Carlsbad City Council hereby approves the service agreement with
Urban Corps of San Diego County as a sole source contract due to the unique proposed design of
the city's neighborhood revitalization program and the desired public benefit specific to the
services provided by Urban Corps of San Diego County.
4. That the Carlsbad City Council hereby authorizes the Administrative
Services Director to transfer $150,000 from the City Council's General Fund contingency account
to the Housing & Neighborhood Services accounts, as appropriate, and to disburse said funds as
appropriate to provide for the services set forth within the agreement between the City of
Carlsbad and Urban Corps of San Diego County for neighborhood revitalization as approved and
directed by the Housing & Neighborhood Services Director or designee.
5. That the Carlsbad City Council hereby authorizes the City Manager or
designee to execute the agreement with Urban Corps of San Diego County (Attachment A).
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28 Item No. 8 - AB #22,330 June 28, 2016 Page 5 of 16
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
2 Carlsbad on the 28th day of June, 2016, by the following vote to wit:
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AYES: Hall, Wood, Schumacher, Blackburn, Packard.
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6 NOES: None.
7 ABSENT: None.
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8 ~11/U MA HALL, Mayor
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28 Item No. 8 - AB #22,330 June 28, 2016 Page 6 of 16
Attachment 1
AGREEMENT FOR NEIGHBORHOOD REVITALIZATION SERVICES
(URBAN CORPS OF SAN DIEGO COUNTY)
EMENT is made and entered into as of the /2>:}, day of
--~~~~L-----' 2016, by and between the CITY OF CARLSBAD, a municipal
corporat n, ("Ci "), and Urban Corps of San Diego County, a certified conservation corps and
non-profit, charitable organization, ("Contractor").
RECITALS
A. City requires on-call, as needed professional services for neighborhood
revitalization and clean-up that is experienced and skilled in providing a fee for service, labor-
ready workforce prepared to take on a variety of neighborhood revitalization projects and code
enforcement clean-up projects, including design services for building and landscaping
improvements on both public and private property.
B. Contractor has the necessary experience in providing professional services and
advice related to neighborhood revitalization tasks, programs and projects as noted above and,
as San Diego County's Conservation Corps, specializes in partnerships with cities and other
governmental agencies to put youth to work on crews where they can be part of a team and gain
on-the-job skills as well as provide community service.
C. Contractor a licensed general contractor (#972059) has affirmed its willingness to
partner with the city on implementation of a neighborhood revitalization program and its ability to
perform such work, is also labor exempt from State Prevailing Wage (California Labor Code
1720.4) and is qualified to provide design services as well as assistance with permitting
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 two (2) years from the date first above
written.
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 not
exceed one hundred fifty thousand dollars ($150,000). No other compensation for the Services
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Item No. 8 - AB #22,330 June 28, 2016 Page 7 of 16
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.
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.
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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-:VI I"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability Insurance. $2,000,000 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.
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 Commercial General Liability
which shall provide primary coverage to the City.
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.
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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 any time, 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, 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 notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Debbie Fountain Name Yolanda Maeder
Director, Housing &
Title Neighborhood Services Title Contract Compliance Manager
Community & Economic
Department Development Address 3127 Jefferson Street
City of Carlsbad San Diego, Ca. 92110
Address 1200 Carlsbad Village Drive Phone No. (619) 235-6884
Carlsbad, Ca. 92008
Email ymaeder@urbancorps.org
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Phone No. (760) 434-2815
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
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
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 whose services are
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.
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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 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. JURISDICTION 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 nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
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
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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.
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
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CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ATTEST:
City Clerk
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:
CELIA A. BREWER, City Attorney
BY: -~JYlU----=~---=-V[__"' ."'--"~.· /<f---p __
Assistant City AttOme)
City Attorney Approved Version 4/1/15
7 Item No. 8 - AB #22,330 June 28, 2016 Page 13 of 16
EXHIBIT "A"
SCOPE OF SERVICES
Urban Corps of San Diego County is a licensed General Contractor (# 972059 with C-27
landscape contractor license) as well as a certified Conservation Corps. It offers a large skilled
workforce prepared to take on a variety of neighborhood revitalization projects, including clean-
up crews, design and work plans for code compliance efforts, and a vast array of other
professional services to assist with neighborhood revitalization (including code compliance efforts
and abatement activities on both public and private property, as well as assistance with
improvement design and plan development). As San Diego County's conservation corps, Urban
Corps of San Diego specializes in private and/or public partnerships which put youth to work on
crews where they can be part of a team and gain on-the-job skills, and also provide for community
service.
On an as-needed, on-call professional services contractor basis and as directed by city staff,
Urban Corps will partner with the City of Carlsbad to put young people to work on various
neighborhood revitalization, clean-up and community service efforts throughout the city, with a
primary focus in the Barrio neighborhood during the first two years of the contract.
Fee for materials and services shall not exceed $150,000 total for the two year program. On a
project by project basis, as directed by the Housing and Neighborhood Services Director, Urban
Corps will provide an estimate for the total project cost (including materials and labor) and obtain
a notice to proceed from the City of Carlsbad before initiating work on a neighborhood
revitalization, including property/neighborhood clean-ups and other similar services. Urban Corps
may also provide professional services to develop code compliance plans which may include
design services and improvement plans as well as assistance with permitting requirements. Urban
Corps will then invoice the city upon completion of the project. Upon completion, payment will be
provided by the city on a project-by-project basis.
City Attorney Approved Version 4/1/15
8 Item No. 8 - AB #22,330 June 28, 2016 Page 14 of 16
YOLANDA L MAEDER
Commission 0 2115156
Notary Public - California
San Diego County -
ar • AV Comfy!. „Extire_s_Jul 1_41e0_14
(Seal) Signature
WITNESS my ha d and official seal
o il"-eliL10-4(yil e-
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of CaliforniA,..
County of .) et".-3)
On felt tA all al 2-0110 before me,
personally appeared
who proved to me on the b is of satisfactory evi ence 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
101(1, 61, lictalier-J foi‘Yu,4h
insert name and title of the officer)
Item No. 8 - AB #22,330 June 28, 2016 Page 15 of 16
ih.4/i4 A/5-4/44ef
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califorala
County of
On t se---Orittl•ck-r1 .2-1 2 O I 1. before me,
personally appeared . A-- CJ V
who proved proved to me on the basis of satisfactory evidence to be the person whose namekeristare--
subscribed to the within instrument and acknowledged to me that he/Oteltraerexecuted the same in
his/hec1ø1futhorized capacity(ies), and that by his/hpritheifignature(s) on the instrument the
person( or the entity upon behalf of which the person(Wa-cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my h-id and Official s al.
Signature A
YOLANDA I. MAEDER
Commission 02115855
Notary Public- California
San Diego County
YX Corn Exrs Jul 14.2 .rtli
\IC$ 1 (Mk elk ti`
(insert name and title of the otticer)
Item No. 8 - AB #22,330 June 28, 2016 Page 16 of 16