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HomeMy WebLinkAbout2016-06-28; City Council; Resolution 2016-1251 RESOLUTION NO.2016-125 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH URBAN CORPS OF SAN DIEGO COUNTY,INC.FOR A TWO 4 YEAR PILOT PROGRAM FOR NEIGHBORHOOD REVITALIZATION SERVICES,PUBLIC NUISANCE ABATEMENTS AND RELATED 5 PROPERTY CLEAN -UP SERVICES,AND AUTHORIZING THE 6 ADMINISTRATIVE SERVICES DIRECTOR TO TRANSFER AND DISBURSE UP TO ONE HUNDRED FIFTY THOUSAND DOLLARS FROM 7 THE CITY COUNCIL CONTINGENCY FUND FOR OPERATIONAL COSTS RELATED TO IMPLEMENTATION OF SAID PROGRAM,AND 8 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CONTRACT WITH URBAN CORPS OF SAN DIEGO COUNTY9 10 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 11 WHEREAS,the City Council desires to implement a neighborhood clean -up and 12 13 revitalization program as well as public nuisance abatements for the Carlsbad community, with 14 specific focus in the Barrio,in partnership with Urban Corps of San Diego County; and 15 WHEREAS,the City Council desires to implement a program in partnership with 16 Urban Corps of San Diego County that not only results in city manager authorized public nuisance 17 abatements, and clean-up and beautification of blighted properties but also provides for civic 18 education, job creation and training for low income, at risk youth; and 19 20 WHEREAS,the public purpose served by the partnership between the City of 21 Carlsbad and Urban Corps of San Diego County for neighborhood revitalization activities 22 throughout the community, but primarily within the Barrio includes ,includes but is not limited 23 to:1) clean-up and beautification of blighted properties,2)public nuisance abatements on public 24 property and/or within public right-of-way,as well as on private property when authorized by 25 26 the City Manager as a code enforcement action, and 3) and neighborhood revitalization through 27 focused attention on enhancements and or improvements. 28 1 NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California,as follows: 3 1.That the above recitations are true and correct. 4 2.That the Carlsbad City Council hereby approves the service agreement with 5 6 Urban Corps of San Diego County to implement a two year neighborhood revitalization pilot 7 program as directed by the city and on an "on-call" basis and as defined in the "scope of services" 8 included in the agreement attached to this resolution as Exhibit 1. 9 3.That the Carlsbad City Council hereby approves the service agreement with 10 Urban Corps of San Diego County as a sole source contract due to the unique proposed design of 11 the city's neighborhood revitalization program and the desired public benefit specific to the 12 13 services provided by Urban Corps of San Diego County. 14 4.That the Carlsbad City Council hereby authorizes the Administrative 15 Services Director to transfer $150,000 from the City Council's General Fund contingency account 16 to the Housing & Neighborhood Services accounts,as appropriate, and to disburse said funds as 17 appropriate to provide for the services set forth within the agreement between the City of 18 Carlsbad and Urban Corps of San Diego County for neighborhood revitalization as approved and 19 20 directed by the Housing & Neighborhood Services Director or designee. 21 5.That the Carlsbad City Council hereby authorizes the City Manager or 22 designee to execute the agreement with Urban Corps of San Diego County. 23 /// 24 25 26 /// 27 III 28 1 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: 3 4 AYES:Hall, Wood, Schumacher, Blackburn, Packard. 5 6 NOES:None. 7 ABSENT:None. 8 •/ 10 MAI HALL,Mayor 11 12 BARBA A ENGLESON, City Irk 13 (SEAL) 14 15 ..... (.*16 444.•:.>•—'3\1 4t2kka17 18 19 20 21 22 23 24 25 26 27 28 Attachment 1 AGREEMENT FOR NEIGHBORHOOD REVITALIZATION SERVICES (URBAN CORPS OF SAN DIEGO COUNTY) HIS AG'EMENT is made and entered into as of the day of ,2016,by and between the CITY OF CARLSBAD,a municipal corporatFn, ("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 City Attorney Approved Version 4/1/15 1 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. City Attorney Approved Version 4/1/15 2 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-:\/11";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. City Attorney Approved Version 4/1/15 3 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 City Attorney Approved Version 4/1/15 4 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. City Attorney Approved Version 4/1/15 5 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 City Attorney Approved Version 4/1/15 6 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 CITY OF CARLSBAD, a municipal corporation of the State of California By:By• sign here)y .nager .ar-4VIftyor. c(C /a\ (print name/title) ATTEST: By: Cc:ALL„• (sign here)BARBA"NGLESON /7/6-f City Clerk (print na'me/titleAc-k \c).0 1.-e. 06.41 CI Le 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: Assistant City Attorne City Attorney Approved Version 4/1/15 7 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 ,5 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 Californi , County of 1St v\... On FeIr mirk/2- )2-0 40 before me,I a-&dot Vvetstier—e*ILV6 I CNft insert name and title of the officer) personally appeared 1 -e-..t/1 n a ci 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. YOLANDA I. MAEDER WITNESS my ha d and official seal / Commission IP 2115855 Notary Public •California J:711.1./san Diego County Signature (Seal)(AA/IL M Comm. Ex fires Jul 14, 2019 'Ade/14 ap47 ®Af.A.Ittiree-.4_,,bie 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 5a`-`"`b c;.e 3 6 ) ----p,n`On .._.--ritcX`r 272614 before me,\/()IdAkeLl tj.ggler t\.14CLUI al)li C (insert name and title of the officer) personally appeared - Ns6 I+C.ArA_v .e-7--- who proved to me on the basis of satisfactory evidence to be the personkcrw-kose name,(4311s/are— subscribed to the within instrument and acknowledged to me that he/i7reftbey-executed the same in his/heel-he'll=authorized capacity(ies), and that by his/hprifh*fs—ignature(s) on the instrument the person(WOr the entity upon behalf of which the person(g-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. ,,,....,YOLANDA I.MAEDER WITNESS my h d and official s-al.l 1 -:'...!..Commission #2115855 (1 JIt I i i 71-........:...ziX-7.3!Notary Public -CaliforniaZq..ViNt San Diego County I_:I'`: _yi Comm. _Extires_Ju_114.2(L194ili.iiSignaturey.. '4 ,, '.'-'/'L__ASea1 ) G.