HomeMy WebLinkAbout2020-09-15; City Council; Resolution 2020-184RESOLUTION 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".
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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
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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.
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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.
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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
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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.
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(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
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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
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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
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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).
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(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.
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(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.
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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
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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:
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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.
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(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.
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