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HomeMy WebLinkAbout2020-09-15; City Council; ; Authorization of an Agreement with Urban Corps of San Diego for Citywide Parks Sanitation Services during the COVID-19 PandemicMeeting Date: To: From: Staff Contact: Subject: Sept. 15, 2020 Mayor and City Council Scott Chadwick, City Manager Tim Selke, Parks Services Manager tim.selke@carlsbadca.gov, 760-434-2857 Authorization of an Agreement with Urban Corps of San Diego for Citywide Parks Sanitation Services during the COVID-19 Pandemic Recommended Action Adopt a resolution authorizing an agreement with Urban Corps of San Diego for citywide parks sanitation services in response to the COVID-19 pandemic, in an amount not to exceed $350,000 for an initial six-month term. Executive Summary/Discussion On May 1, 2020, the City Council directed staff to allow access for passive use to city beaches, most city parks and city preserves with trails in accordance with the applicable COVID-19 response plans and protocols (Resolution nos. 2020-072, 2020-073 and 2020-074). The city must ensure that the bathrooms and common areas within these sites are disinfected at least every two hours, or as needed, based upon use, to adhere to the County of San Diego's public health order and related protocols intended to slow the spread of COVID-19. Staff met that challenge by authorizing an extra work proposal from one of its grounds contractors to perform the required sanitation under an existing parks maintenance services agreement. The $7,000-per-week cost of these services was paid for from Parks Maintenance funds in the Parks & Recreation Department’s Operating Budget. However, the renewed access to these parks sites, as well as to the school fields the city runs under joint use agreements, resulted in increased patronage, which in turn caused an increased need for sanitation services. Considering the COVID-19 pandemic has continued for several months and has no anticipated date of conclusion, staff determined the “extra work” approach would no longer be feasible under the not-to-exceed spending limit of the city’s parks maintenance services agreement with the grounds contractor, Park West Landscape. Staff now recommends the council authorize a professional services agreement with Urban Corps of San Diego County for the ongoing sanitizing of bathrooms and amenities required under the health orders and protocols. Urban Corps of San Diego County is a nonprofit corporation whose goal is to provide underserved young adults, ages 18-26, “with the tools to expand their career opportunities through education, life skills training, and paid work experiences on projects that benefit our communities.” Urban Corps of San Diego is considered a quasi-government agency and has successfully provided similar maintenance services for the city in the past. Sept. 15, 2020 Item #1 Page 1 of 23 On July 13, 2020, a request for an exemption to the city’s competitive bidding process was approved by the city’s finance manager, in keeping with Carlsbad Municipal Code Section 3.28.110 (A & F) [Exhibit B]. This code section provides a bidding exemption for emergency procurements for construction, goods or services as well as for services obtained from a quasi- public agency. Fiscal Analysis According to the current scope of work, staff anticipates a base cost of $316,800 during the initial six-month term of the agreement to complete the required sanitizing throughout the referenced sites managed by the Parks & Recreation Department. As the public health orders continue to be modified, increased cleaning may be needed in areas such as playgrounds and picnic shelters, which are currently closed. Consequently, staff recommends including $33,200 for additional services, as needed. Staff therefore recommends authorizing a professional services agreement in an amount not to exceed $350,000 for an initial six-month term. The city manager may extend the agreement for two additional six-month terms subject to funding availability, based on the city’s needs and Urban Corps’ satisfactory performance. The cost of this contract will be tracked and recorded as a COVID-19 expense and will be covered with budget appropriated from the $3 million General Fund reserve previously allocated for COVID-19 expenses. All COVID-19-related expenses will be considered for state and federal government reimbursement as applicable. Next Steps Staff will direct Urban Corps of San Diego to commence services upon execution of the agreement. Staff will administer and manage the agreement during the initial six-month term and process amendments to extend the agreement for six-month terms, as necessary. Environmental Evaluation (CEQA) The proposed action is categorically exempt from the California Environmental Quality Act in keeping with State Guidelines Section 15301 (c) - “Existing Facilities,” which exempts repair and maintenance of public facilities involving negligible or no expansion of existing or former use. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Resolution 2. Approval of exemption to competitive bidding process, dated July 13, 2020 CITYWIDE PARKS SANITATION SERVICES – URBAN CORPS OF SAN DIEGO Six-months of base cost of services ($52,800 per month) $316,800 Additional services as needed $33,200 TOTAL NOT TO EXCEED AMOUNT OF INITIAL TERM OF AGREEMENT $350,000 Sept. 15, 2020 Item #1 Page 2 of 23 RESOLUTION NO. 2020-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH URBAN CORPS OF SAN DIEGO FOR CITYWIDE PARKS SANITATION SERVICES DUE TO COVID-19 IMPACTS. WHEREAS, on May 1, 2020, the City Council directed staff to allow access to city beaches, most city parks and city preserves with trails, for passive use - in accordance with the applicable COVID-19 response plans and protocols; and WHEREAS, to adhere to the County of San Diego's Public Health Order and associated protocols specific to the impacts of COVID-19, the city must ensure its bathrooms and common area amenities within these sites are disinfected at least every two hours, or as needed based upon use; and, WHEREAS, to address this need upon allowing access to the referenced sites, staff authorized an 'Extra Work' proposal from one of its grounds contractors under an existing Parks Maintenance Services Agreement, to perform the required sanitation of these bathrooms and amenities; and WHEREAS, the costs associated with these services have initially been expended from the Parks & Recreation Department's (Parks Maintenance) Operating Budget; and WHEREAS, since May 1, 2020, the City Council has directed staff to allow modified active use of city beaches and parks, and school sites that are under joint use agreements with the city, which resulted in increased patronage, which in turn caused an increased need for sanitation services; and WHEREAS, the COVID-19 response has continued for several months, and has no anticipated date of conclusion; and WHEREAS, staff determined the 'Extra Work' approach would no longer be feasible under the not-to-exceed value of the existing Parks Maintenance Services Agreement; and Sept. 15, 2020 Item #1 Page 3 of 23 WHEREAS, Urban Corps of San Diego County is a nonprofit corporation that provides underserved young adults, ages 18-26, with the tools to expand their career opportunities through education, life skills training, and paid work experiences on projects that benefit our communities; and WHEREAS, Urban Corps of San Diego is considered a quasi-government agency and has previously performed similar maintenance services for the city in a successful manner; and WHEREAS, on July 13, 2020, the Finance Manager approved a request for an exemption to the city's competitive bidding process, pursuant to Carlsbad Municipal Code Section 3.28.110 (A & F), which provides a bidding exemption for emergency procurements for construction, goods or services as well as for services obtained from a quasi-public agency; and WHEREAS, according to the current scope of work, staff anticipates a base cost of $316,800 during the initial six-month term of the agreement to complete the required sanitizing; and WHEREAS, as the public health orders continue to be modified, increased cleaning may be needed in areas such as playgrounds and picnic shelters, which are currently closed, and staff recommends including $33,200 for additional services as needed; and WHEREAS, staff recommends authorizing a professional services agreement with Urban Corps of San Diego in an amount not to exceed $350,000 for an initial six-month term and appropriating $350,000 to the FY 2020-21 Parks Maintenance Operating Budget; and WHEREAS, the City Manager is authorized to extend the agreement for two additional six- month terms, and the Finance Director is authorized to appropriate the corresponding additional funds, based on the city's needs and the satisfactory performance of Urban Corps of San Diego; and WHEREAS, the City Planner has determined that the Agreement for these services is categorically exempt from the California Environmental Quality Act (CEQA) per State Guidelines Section 153021 (c) and that none of the exemptions included in section 15300.2 apply. Sept. 15, 2020 Item #1 Page 4 of 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Planner has determined that the Agreement for these services is categorically exempt from the California Environmental Quality Act (CEQA) per State Guidelines Section 153021 (c) and that none of the exemptions included in section 15300.2 apply. 3. That the Mayor is hereby authorized and directed to execute the professional services agreement with Urban Corps of San Diego for citywide parks sanitization services, in a not- to-exceed amount of $350,000 for a six-month term, attached hereto as Attachment "A." 4. That the City Manager is authorized to execute amendments to said agreement deemed to be in the best interest of the City, and, if the City so chooses, to extend it for two additional six-month terms. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of September, 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor .9.470\nrITekikAa i0x) r&- BARBARA E-NGLESON, diy Clerk (SEAL) Sept. 15, 2020 Item #1 Page 5 of 23 AGREEMENT FOR PARKS SANITATION SERVICES URBAN CORPS OF SAN DIEGO COUNTY THIS AGREEMENT is made and entered into as of the day of , 20 , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Urban Corps of San Diego County, a not-for-profit corporation, ("Contractor"). RECITALS A. City requires the professional services of an organization that is experienced in providing common area sanitation services. B. Contractor has the necessary experience in providing professional services and advice related to common area sanitation services. C. 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" and Exhibit "B", which are 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 six (6) months from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional six (6) month periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term on a time and materials basis shall not exceed three hundred fifty-thousand dollars ($350,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed three hundred fifty-thousand dollars ($350,000) per six (6) month contract period. 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". City Attorney Approved Version 6/12/18 1 Sept. 15, 2020 Item #1 Page 6 of 23 16thSeptember20 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. 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 City Attorney Approved Version 6/12/18 2 Sept. 15, 2020 Item #1 Page 7 of 23 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 (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 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. 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. City Attorney Approved Version 6/12/18 3 Sept. 15, 2020 Item #1 Page 8 of 23 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. 16. 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 Name Tim SeIke For Contractor Name Kyle Kennedy Title Parks Services Manager Title Chief Executive Officer Department Parks & Recreation Address 3127 Jefferson Street City of Carlsbad Address 799 Pine Ave, Suite 200 Carlsbad, CA 92010 Phone No. 760-434-2857 San Diego, CA 92110 Phone No. 619-235-6884 Email kkennedy@urbancorps.org 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. City Attorney Approved Version 6/12/18 4 Sept. 15, 2020 Item #1 Page 9 of 23 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 categories. Yes 1-1 No V1 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. 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 City Attorney Approved Version 6/12/18 5 Sept. 15, 2020 Item #1 Page 10 of 23 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 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 6/12/18 6 Sept. 15, 2020 Item #1 Page 11 of 23 (sign here) By: ATTEST: BARB City Clerk NGLESON 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, ri'ght and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) K\I eVotw\eAy, CLC (print name/titre) [INSERT TITLE OF PERSON AUTHORIZED TO SIGN feity-Mapa4jsp-er- Mayor -er-Cri v isiorrEftctor as- -authorized ,13y- the eity- idger)-1--- (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A ,Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: olciesstsIMIT City Attorney City Attorney Approved Version 6/12/18 7 Sept. 15, 2020 Item #1 Page 12 of 23 EXHIBIT "A" SCOPE OF SERVICES AND FEE To comply with County of San Diego Public Health Order disinfecting requirements (COVID-19) Urban Corps of San Diego County will provide the labor and materials to clean and disinfect common area amenities at city parks, beach accesses and trail heads. CLEANING OF RESTROOMS AND COMMON AREAS Urban Corps of San Diego will provide cleaning services for all blockhouse restrooms, portable restrooms, drinking fountains, benches, picnic tables, handrails and other common area amenities at listed sites for the duration of the County of San Diego Public Health Order disinfecting requirements. Disinfecting will take place between the hours of 12 p.m. and 7 p.m. seven days a week and will occur every two hours at approximately 12pm, 2pm,4pm and 6pm as needed, based on usage of the facilities at the following locations. PARKS Alga Norte Community Park, Aviara Community Park, Cadencia Park, Cannon Park, Calavera Hills Community Park, Holiday Park, Hidden Canyon Park, Hosp Grove Park, La Costa Canyon Park, Laguna Riviera Park, Magee Park, Maxton Brown Park, Pine Avenue Community Park, Poinsettia Community Park, Stagecoach Community Park, Tamarack / Frazee Upper Picnic Areas (including Pine and Tamarack beach restrooms) Ocean Street Beach Accesses Oak Avenue, Carlsbad Village Drive, Grand Avenue, Christiansen Way, Beech Avenue, Cypress Avenue, Rue de Chateaux Trail Heads Lake Calavera Preserve restroom, Hosp Grove Rotary Trailhead Description Rate Weekday Corpsmember $25 / hour Weekday Supervisor $35 / hour Weekend Corpsmennber $25/ hour Weekend Supervisor $52.50! hour Materials and Supplies $625 / month Based on current allowed uses at the parks it is anticipated that 336 corpsmember hours and 112 supervisor hours per week will be needed to fulfil the scope. This schedule is subject to change with allowable uses in the areas under the scope of this agreement. Changes are to be authorized by the City of Carlsbad Parks & Recreation Department Parks Services Manager. Total cost of services not to exceed $350,000.00 for 6-month term City Attorney Approved Version 6/12/18 8 Sept. 15, 2020 Item #1 Page 13 of 23 Cleaning protocol shall include wiping of all hard surfaces and high touch areas with an EPA- approved disinfectant that meets the criteria for use against SARS-CoV-2. Examples of areas to clean are as follows... Blockhouse and Portable Restrooms includes: door knobs and handles, faucets and flush valves, sinks and counter tops Picnic table tops and bench seats, park bench seats, drinking fountain valves and bowls, Beach Access stair handrails Sanitation Crew Schedule 2 crews: 1 supervisor 3 corpsmembers each including the weekend crew. Time: 8 hours per day Sunday — Saturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday Crew 1 8 Hours $880.00 8 Hours $880.00 8 Hours $880.00 8 Hours $880.00 8 Hours $880.00 Crew 2 8 Hours $880.00 8 Hours $880.00 8 Hours $880.00 8 Hours $880.00 8 Hours $880.00 Weekend Extra Crew #1 8 Hours $1,020.00 8 Hours $1,020.00 Weekend Extra Crew #2 8 Hours $1,020.00 8 Hours $1,020.00 City Attorney Approved Version 6/12/18 9 Sept. 15, 2020 Item #1 Page 14 of 23 EXHIBIT "B" ADDITIONAL STANDARD TERMS AND CONDITIONS FOR FEMA FUNDED AGREEMENTS The following provisions are incorporated into the Agreement: 1. The contractor acknowledges Federal Emergency Management Agency (FEMA) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2. The contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 3. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City of Carlsbad, contractor, or any other party pertaining to any matter resulting from the contract. 4. The contractor acknowledges that 31 U.S.C. Sections 3801-3812 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 5. Access to Records. The following access to records requirements apply to this contract: (A) The contractor agrees to provide the City of Carlsbad, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (B) The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (D) In compliance with the Disaster Recovery Act of 2018 (Pub. L. No. 115-254, §§ 1201-1246 (2018)), the City of Carlsbad and the contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 6. Suspension and Debarment (A) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that neither the contractor nor its principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). City Attorney Approved Version 6/12/18 10 Sept. 15, 2020 Item #1 Page 15 of 23 (B) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Carlsbad. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California or the City of Carlsbad, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (D) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. City Attorney Approved Version 6/12/18 11 Sept. 15, 2020 Item #1 Page 16 of 23 (D) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to the contractor's books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (H) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The City of Carlsbad (applicant) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. City Attorney Approved Version 6/12/18 12 Sept. 15, 2020 Item #1 Page 17 of 23 The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 8. Contract Work Hours and Safety Standards Act (A) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (C) Withholding for unpaid wages and liquidated damages. The City of Carlsbad shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (D) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier City Attorney Approved Version 6/12/18 13 Sept. 15, 2020 Item #1 Page 18 of 23 subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 9. Clean Air Act and Water Pollution Control Act Clean Air Act (A) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.). (B) The contractor agrees to report each violation to the City of Carlsbad and understands and agrees that the City of Carlsbad will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency and the appropriate Environmental Protection Agency Regional Office. (C) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (A) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) (B) The contractor agrees to report each violation to the City of Carlsbad and understands and agrees that the City of Carlsbad will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency and the appropriate Environmental Protection Agency Regional Office. (C) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 10. Byrd Anti-Lobbying Amendment (A) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who will forward the certification(s) to the awarding agency. Required Certification. Contractors must sign and submit to the City of Carlsbad the following certification: APPENDIX A, 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: City Attorney Approved Version 6/12/18 14 Sept. 15, 2020 Item #1 Page 19 of 23 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, Essenco, Inc. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Na and itle of Cont qtor's Authorized Official 1-96(40 2,C) Date 7 It ) t tct IN h ed)i, / 11. Procurement of Recovered Materials. (A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. City Attorney Approved Version 6/12/18 15 Sept. 15, 2020 Item #1 Page 20 of 23 (B) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.dovismm/comprehensiveprocurement-quideline-cpq-proqram. (C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). 12. To the extent any Federally mandated provisions incorporated by Exhibit B conflict with other terms and provisions of this Agreement, the Federally mandated provision(s) shall prevail. City Attorney Approved Version 6/12/18 16 Sept. 15, 2020 Item #1 Page 21 of 23 EXHIBIT 2 Sept. 15, 2020 Item #1 Page 22 of 23 Sept. 15, 2020 Item #1 Page 23 of 23