HomeMy WebLinkAbout2022-04-05; City Council; ; Amendment to an Agreement with Urban Corps of San Diego County to Increase Citywide Pressure-Washing Maintenance ServicesCA Review RMC
(j} S~~fi R~port
Meeting Date:
To:
From:
Staff Contact:
Subject:
District:
April 5, 2022
Mayor and City Council
Scott Chadwick, City Manager
Michael O'Brien, Public Works Superintendent
michael.obrien@carlsbadca.gov, 442-339-2996
Amendment to an Agreement with Urban Corps of San Diego County to
Increase Citywide Pressure-Washing Maintenance Services
Citywide
Recommended Action
Adopt a resolution approving an amendment to an agreement with Urban Corps of San Diego
County for increased citywide pressure-washing maintenance services in an amount not to
exceed $1,384,748 for the six-year agreement.
Executive Summary
Pressure washing of specific city property is an ongoing need requiring regular pressure-
washing cleaning services to maintain the expectations established by city leadership,
businesses, visitors and residents. Since 2017, Urban Corps has been providing the pressure-
washing services required to keep the downtown sidewalks presentable and the Carlsbad
seawall clean, to help clear sediment runoff after rain events and to regularly clear gutters free
from algae.
On Aug. 25, 2020, the City Council adopted Resolution No. 2020-176, authorizing $674,954 for a
six-year agreement with Urban Corps to provide pressure-washing services. This proposed
amendment would increase the number of days pressure-washing services occur in the
downtown area from four days per week to daily for this fiscal year and the remainder of the
term of the agreement, which expires in fiscal year 2025-26. Attachment A of Exhibit 1 further
describes the terms of the amendment to the agreement.
On Feb. 8, 2022, the City Manager informed the City Council that, in keeping with his authority,
he had approved a midyear budget adjustment to the fiscal year 2021-22 operating budget to
increase pressure-washing services in the Village by $86,000 for the remainder of this fiscal
year.
Staff's requested amendment to the agreement's scope of services exceeds the City Manager's
authority. Carlsbad Municipal Code, or CMC, Section 3.28.040(D)(3) requires the City Council's
approval of the amendment with Urban Corps. Staff therefore recommend amending the
agreement with Urban Corps for the citywide pressure-washing services to ensure the city
fulfills its commitment to maintaining a clean and safe environment for residents and visitors
alike.
April 5, 2022 Item #4 Page 1 of 10
Discussion
The city contracts with external organizations to provide maintenance services in various ways
to fulfill its responsibility to maintain a clean and beautiful community. This agreement covers
work that the city's current employee base cannot provide, including regularly scheduled
pressure-washing maintenance services of routine and as-needed locations. This contract
coordinates pressure-washing services for key tourist and heavily traveled public areas to
maintain a clean and orderly appearance.
Previously, under the existing agreement approved by the City Council on Aug. 25, 2020,
adopted in Resolution No. 2020-176, Urban Corps pressure-washed the downtown sidewalks
four days per week, leaving Wednesday, Saturday and Sunday as non-scheduled days. With this
proposed amendment, the agreement will increase the frequency of service to include
Wednesday and the weekend. Additionally, this amendment will include the option to schedule
a second pressure-washing crew to spot clean the downtown area after holidays or large
events.
As previously established in the agreement approved on Aug. 25, 2020, all pressure-washing
equipment and supplies, transportation including a pressure-washing truck and trailer, and fuel
are to be provided by Urban Corps, continuing to lessen the burden of the services on the city
and its staff. The equipment provided by Urban Corps is sustainable and includes water-
recapture capability, ensuring no impact from pressure-washing efforts on our storm drain
system, local businesses or residences in the city.
Recent experiences after events, holidays and busy weekends have demonstrated an increased
demand and need for a cleaner environment in the Village and have resulted in this proposed
amendment to the existing agreement.
Urban Corps 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." Staff recommend continuing
the use of contracted pressure-washing maintenance services with Urban Corps by amending
the existing agreement so that it is in an amount not to exceed $1,384,748 for the entire term
of the six-year agreement.
The underlying agreement with Urban Corps authorizes the City Manager to extend the term of
the agreement for two additional two-year periods or shorter periods. This amendment will
delegate authority to the City Manager to increase Urban Corps' compensation based on the
San Diego Region Consumer Price Index up to, but not to exceed 5% for each additional year of
the agreement for the third and following years of the agreement.
Options
Staff provide the following options for the City Council's consideration:
1. Approve the amendment to the agreement with Urban Corps to increase pressure-
washing maintenance services to seven days a week, including post-holiday se rvices, in
an amount not to exceed $1,279,084 for the remaining five years of the agreement
Pros
• Increased services fulfill the desires of the community and local businesses and
matches the recommendations from staff
April 5, 2022 Item #4 Page 2 of 10
• Funding is available and services will start immediately upon approval
• Pressure-washing services will primarily target the downtown and Village area
• Sufficient funding is available for the contract
Cons
• None identified
2. Do not approve the amendment to the agreement with Urban Corps to increase
pressure-washing maintenance services
Pros
• None identified
Cons
• Business and tourist environment will continue to show areas that are not
cleaned regularly
• Dissatisfaction will continue to exist and affect customer satisfaction and
appreciation
• Post-holiday events will not be cleaned up as quickly as possible
• Potential increase in downtown and Village grime and unsightliness
Staff recommend Option 1 for the City Council's approval.
Fiscal Analysis
The cost of the additional pressure-washing services for the remainder of the current
agreement year will increase by $86,000, resulting in a total of $194,306 for the second year of
the first term. Subsequent years of the agreement will increase by $137,960 per agreement
year for the third year with additional increases based on Consumer Price Index up to, but not
to exceed 5% for the third and following years. The second two-year term will not exceed
$515,947 subject to budget approval annually.
Total compensation under this agreement shall not exceed $1,384,748 for the adjusted six
years of the agreement. The maximum annual agreement cost for contracted pressure-washing
maintenance services is shown in the following table:
MAXIMUM~N~~
.·· .· -Pressure-washing rnafQ'timanQt se~ . .
Term Agreement Existing agreement Proposed Revised agreement
fiscal year amount changes amount
2020-2021 $105,664 -$105,664 1 $108,306 $86,000 $194,306 2021-2022
2 2022-2023 $111,013 $137,960 $251,681
2023-2024 $113,789 $144,858 $264,265
3 2024-2025 $116,633 $152,101 $277,479
2025-2026 $119,549 $159,706 $291,353
Previous total $674,954 Adjusted total $1,384,748
Additional funds for the current fiscal year have been approved by the City Manager through a
midyear budget adjustment, as presented to the City Council on Feb. 8, 2022. Subsequent
April 5, 2022 Item #4 Page 3 of 10
years' costs will continue to be funded with the street maintenance operating and storm drain
maintenance budgets. Additional funding for future years included in the agreement will be
requested during the city's annual budget process.
Next Steps
After the City Council's approval, staff will execute the amendment so that Urban Corps can
increase scheduled pressure-washing maintenance services.
Environmental Evaluation
The proposed action is exempt from the California Environmental Quality Act in keeping with
State Guidelines Section 15301 (c) -Existing Facilities, which exempts the 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 accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibit
1. City Council resolution
April 5, 2022 Item #4 Page 4 of 10
RESOLUTION NO. 2022-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO AN AGREEMENT WITH
URBAN CORPS OF SAN DIEGO COUNTY FOR INCREASED CITYWIDE
PRESSURE-WASHING MAINTENANCE SERVICES
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to perform citywide pressure-washing maintenance services to
maintain a world-class appearance and ensure requests are responded to in a timely manner; and
WHEREAS, Urban Corps of San Diego County, or Urban Corps, is a nonprofit conservation
corporation created by the City of San Diego; and
WHEREAS, Carlsbad Municipal Code Section 3.28.ll0(F) states that goods, services and/or
professional services obtained from or through an agreement with any governmental, public or quasi-
public agency may be exempt from the purchasing ordinance, as determined by the awarding
authority; and
WHEREAS, on Aug. 25, 2020, the City Council adopted Resolution No. 2020-176, authorizing a
six-year agreement with Urban Corps to provide citywide pressure-washing services in an amount not
to exceed $674,954; and
WHEREAS, the city wishes to increase citywide pressure-washing maintenance services for each
of the remaining years of the agreement in an amount not to exceed a total of $1,384,748 for the six-
year agreement; and
WHEREAS, the city wishes to increase Urban Corps' compensation based on the approved San
Diego Consumer Price Index for this agreement up to, but not to exceed 5%, for the third and following
years; and
WHEREAS, Carlsbad Municipal Code Section 3.28.040(D)(3) requires the City Council's approval
of this amendment with Urban Corps because the requested increase in Urban Corps' scope of services
exceeds the City Manager's authority; and
WHEREAS, the awarding authority has determined that this amendment to the agreement is
exempt from the purchasing ordinance; and
WHEREAS, on Feb. 8, 2022, the City Manager presented approval of an additional $86,000 for
additional pressure-washing services in the Village during the midyear budget presentation to the City
Council; and
WHEREAS, sufficient funds are available in the.Street Maintenance Operating Budget to fund
this Agreement for this fiscal year; and
WHEREAS, the City Planner has determined that an amendment to the Agreement for citywide
pressure-washing services is categorically exempt from the California Environmental Quality Act
(CEOA) pursuant to CEOA Guidelines Section 15301(c) and that no exception to the exemption as set
forth in CEOA Guidelines Section 15300.2 applies.
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 Mayor is authorized and directed to execute the Amendment to the Agreement
between Urban Corps of San Diego County and the City of Carlsbad for increased
citywide pressure-washing maintenance services, attached hereto as Attachment A.
3. That the City Manager is hereby authorized to amend the Agreement with Urban Corps
of San Diego County to increase Urban Corps' compensation based on the San Diego
Region Consumer Price Index (CPI) up to, but not to exceed 5%, each year for the third
and following years of the Agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 5th day of April 2022, by the following vote, to wit:
AYES :
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
~V FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
DocuSign Envelope ID: 93E183BC-8390-4C7E-82A3-0FC0498C3165
AMENDMENT NO. 1 TO AGREEMENT FOR
CITYWIDE PRESSURE WASHING SERVICES
URBAN CORPS OF SAN DIEGO
Attachment A
PSA21-1156TRAN
This Amendment No. 1 is entered into and effective as of the 7 -rV""' day of A;p V\ \ , 2022, amending the agreement dated Aug. 26, 2020 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Urban
Corps Of San Diego County, a non-profit corporation, ("Contractor") (collectively, the "Parties")
for citywide pressure washing services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include additional
days of coverage during each week; and
B. The Parties desire to increase the number of workdays up to seven (7) days per
week of services and to add fifteen (15) as-needed, post-holiday services; and
C. The Parties desire to increase Contractor's annual compensation based on the
approved San Diego Consumer Price Index up to, but not to exceed 5%, each year for the third
and following years of the Agreement; and
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A" for an
additional amount in the current Agreement fiscal year, for the annual total not-to-exceed eighty-
six thousand dollars ($86,000).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis for future terms of the Agreement in an annual amount
not-to-exceed one hundred thirty-seven thousand nine hundred sixty dollars ($137,960).
Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include
hours performed, hourly rates, and related activities and costs for approval by City.
3. City agrees to increase Contractor's compensation based on increases in the
approved San Diego Consumer Price Index up to, but not to exceed 5%, each year for the third
and following years of the Agreement.
4. Contractor will complete all work described in Exhibit "A" by Aug. 25, 2022. Future
Agreement term extensions shall be agreed upon with succeeding Amendments (i.e. Term 2
and/or Term 3).
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 9/27/16
1
April 5, 2022 Item #4 Page 7 of 10
DocuSign Envelope ID: 93E1B3BC-8390-4C7E-82A3-0FC0498C3165
PSA21-1156TRAN
6. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
7. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
URBAN CORPS OF SAN DIEGO, a
non-profit corporation
By:
(sign here)
Kyle Kennedy, CEO
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By ~
ATTHALCMayor
ATTEST:
FAVIOLA MEDINA,
City Clerk Services Manager
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: __ ~_._____,___ __ _
Assistant City Attorney
City Attorney Approved Version 9/27/16
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April 5, 2022 Item #4 Page 8 of 10
DocuSign Envelope ID: 93E1B3BC-8390-4C7E-82A3-0FC0498C3165
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
CITYWIDE PRESSURE WASHING
PSA21-1156TRAN
Contractor to increase pressure washing services for the City of Carlsbad at various locations
as scheduled by the Contract Manager.
This amendment augments the number of days from four (4) workdays per week to seven (7)
days per week ("every day of the week," Sunday through Saturday). Crew size continues to
include two (2) Urban Corps staff members -defined as one (1) supervisor and one (1) Corps
member.
Additionally, this amendment adds a second pressure washing crew for 15 post-holiday pressure
washing services. Service is to be conducted the very next day after a holiday or as directed by
Contract Manager. The Contract Manager may elect to post-holiday services, the Contract
Manager may elect to send the second pressure washing crew out after a non-holiday special
event. Crew size continues to include two (2) Urban Corps staff members -Defined as one (1)
supervisor and one (1) Corps member.
General Staffing
1. Sunday through Saturday pressure washing services shall continue to follow the
previously established scheduled and start times for pressure washing services but are
subject to modification per the Contract Manager.
2. Post-holiday services include up to fifteen ( 15) post-City holidays but are subject to
modification per the Contract Manager.
Pressure Washing Services
No change to description of pressure washing services or Contractor provided vehicles,
equipment, materials, etc.
City Attorney Approved Version 9/27/16
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April 5, 2022 Item #4 Page 9 of 10
DocuSign Envelope ID: 93E1B3BC-8390-4C7E-82A3-0FC0498C3165
PSA21-1156TRAN
Cost of Services
This Amendment is increasing pressure washing services to seven (7) days per week of
coverage. This Amendment adds 52 additional workdays of coverage during the week and 104
weekend/holiday days of coverage per year. Additionally, this Amendment adds 15 additional
workdays for a second crew to services the day after a city holiday (or other events, i.e. street
fairs, or special events) and as directed by the Contract Manager.
All other services are to remain in place. Additional days of services and costs are as follows:
PROJECT DESCRIPTION Days Daily Rate Cost
Labor weekday (52 days)
Labor -1-supervisor and 1 Corp member -8 52 $520.00 $27,040
hours each
Hourly rate includes fuel, truck, mileage and
equipment
Labor weekend (104 days)
Labor -1-supervisor and 1 Corp member-8 104 $980.00 $101 ,920
hours each
Hourly rate includes fuel, truck, mileage and
equipment
Labor post-holiday (15 days)
Labor -1-supervisor and 1 Corp member-8 15 $600 $9,000
hours each
Hourly rate includes fuel, truck, mileage and
equipment
Total $137,960.00
Estimate
Prorated services for the remainder of the first term through Aug. 26, 2022 to increase services
as shown above to seven days per week and post-holiday services (second crew) for a prorated
amount not-to-exceed $86,000.
City Attorney Approved Version 9/27/16
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April 5, 2022 Item #4 Page 10 of 10