HomeMy WebLinkAbout2023-06-20; City Council; Resolution 2023-182RESOLUTION NO. 2023-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AMENDMENT NO. 2 TO AN AGREEMENT WITH
MEK ENTERPRISES, INC. FOR CITYWIDE PARKS RESTROOM CUSTODIAL
MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $187,071 AND
TO EXTEND THE TERM OF THE AGREEMENT UNTIL SEPT. 30, 2023
WHEREAS, on April 20, 2021, the City Council adopted Resolution No. 2021-087, authorizing an
agreement with MEK Enterprises, Inc. for citywide parks restroom custodial maintenance services in
an amount not to exceed $1,315,844 over a two-year term and $657,922 per agreement year; and
WHEREAS, Resolution No. 2021-087 also authorized the City Manager to approve amendments,
with price increases not to exceed 2% per agreement year, and to extend the term of the agreemen�
for two additional two-year periods or parts thereof; and
WHEREAS, the agreement expires on June 30, 2023; and
WHEREAS, staff have issued a request for bids to select a new contractor for these services; and
WHEREAS, MEK has agreed to extend the term of its agreement until Sept. 30, 2023, which is
up to the date when the new agreement is expected to be in effect, though has requested an increase
in the compensation amount; and
WHEREAS, unprecedented levels of inflation and other factors have severely impacted the
contractor's ability to sustain the level of services in the agreement; and
WHEREAS, staff have negotiated terms with the contractor and have come to an agreement of
an increase in the compensation for services by 8%; and
WHEREAS, the City Council has determined that it is in the best interest of the city to have MEK
continue to provide the custodial services until the next agreement is approved by the City Council,
with an expected effective date of Oct. 1, 2023; and
WHEREAS, the City Council and MEK desire to amend and extend the agreement for a period of
three months in an amount not to exceed $187,071; and
WHEREAS, sufficient funds are available in the Parks Maintenance Operating Budget for fiscal
year 2023-24 to fund the amendment; and
WHEREAS, the City Planner has determined that this action does not require environmental
review because it does not constitute a project within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065. Providing custodial services has no
potential to cause either a direct physical change or a reasonably foreseeable indirect physical change
in the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
l.That the above recitations are true and correct.
2.That the Mayor is hereby authorized and directed to execute Amendment No. 2 with
MEK Enterprises, Inc. for citywide parks restroom custodial maintenance services, in
an amount not to exceed $187,071, until Sept. 30, 2023, attached hereto as
Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
DocuSign Envelope ID: 10CD8F24-815F-43F1-903C-804990A8687B Attachment A
PSA21-1448FAC
AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR CITYWIDE PARKS RESTROOM CUSTODIAL MAINTENANCE SERVICES MEK ENTERPRISES, INC.
(-Y Thi� Amendment No. 2 is made and entered into as of the // \ day of
0 IA v-J--, 2023, but effective July 1, 2023, extending and amending the
agreement dated April 20, 2021 (the "Agreement") by and between the City of Carlsbad, California, a municipal corporation ("City"), and MEK Enterprises, Inc., a California corporation ("Contractor") (collectively, the "Parties") for citywide parks restroom custodial maintenance services.
RECITALS
A.The Parties entered into the Agreement for an initial two-year term with a total feepayable not to exceed $657,921.72. The Agreement includes options for the City to extend the Agreement for two additional two-year periods, subject to a 2% maximum compensation adjustment.
B.On June 27, 2022, the Parties executed Amendment No. 1 to the Agreement toalter the Agreement's Scope of Services and Fees to add additional services to maintain a new park restroom located at Poinsettia Park, that opened in July 2022, and to increase the annual agreement by $34,932; and
C.Now the Parties have negotiated and agreed to an amended Scope of Work and
Fees, which is attached to and incorporated by this reference as Exhibit "A," Scope of Services and Fees (AMENDED), for a three-month term extension and a rate increase of 8% for monthly services.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1.The Scope of Services and Fees described in Exhibit "A" of the Agreement ishereby amended as set forth in Exhibit "A," Scope of Services and Fees (AMENDED), attached to this Amendment No. 2.
2.The term of the Agreement is hereby amended for three additional months, untilSeptember 30, 2023.
3.City will pay Contractor for all work associated with those services described inExhibit "A," a total fee payable amount not-to-exceed $187,070.50. Contractor will provide City, monthly, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City.
4.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect.
5.All requisite insurance policies to be maintained by the Contractor pursuant to theAgreement, as may have been amended from time to time, will include coverage for this Amendment.
City Attorney Approved Version 12/28/2022
DocuSign Envelope ID: 10CD8F24-815F-43F1-903C-804990A8687B
PSA21-1448FAC
6.The individuals executing this Amendment and the instruments referenced in it onbehalf 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
MEK Enterprises, Inc., a California corporation
By:
(sign here)
Marc Kranz, CEO, President & CFO
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Keith Blackburn, Mayor
ATTEST:
for Sherry Freisinger, City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A Chairman, President, or
Vice-President
Group B Secretary, Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: bt!AA f\un.r� Deputy City Attorney
City Attorney Approved Version 12/28/2022 2
PSA21-1448FAC
City Attorney Approved Version 12/28/2022
3
EXHIBIT “A”
SCOPE OF SERVICES AND FEES (AMENDED)
Itemized List of what Contractor will do for City and at what price.
Restrooms (Monthly rate includes all required Overnight Cleaning, Porter Service,
Deep Cleaning, Locking and Unlocking restrooms).
Restroom Location
Approx.
Sq. Ft Quantity
Minimum Time for
daily overnight
cleaning per
building
Monthly Rate
Alga Norte Community
Park
6565 Alicante Rd.
1920 3 45 $8,651.49
Aviara Community Park,
6435 Ambrosia Lane 2414 3 45 $10,877.46
Beach Bluff
Carlsbad Blvd/Pine Ave 200 1 45 $901.20
Calavera Lake Trail
Tamarack Ave between Strata
and Knollwood
48 1 single 20 $216.29
Calavera Community Park,
2997 Glasgow Dr 442 1 45 $1,991.65
Chase Field
3349 Harding St 234 1 45 $1,054.40
Hidden Canyon
2685 Harding St 403 1 45 $1,815.91
Ann D. L’Heureux Dog Park
2710 Carlsbad Village Drive N/A N/A Lock gate at night,
no other service $0.00
Holiday Park
3235 Eureka Place 1084 2 45 $4,884.49
La Costa Canyon Park
3018 Pueblo St 402 1 45 $1,811.41
Laguna Riviera Park
Kelly and Park Drive 302 1 45 $1,360.81
Magee Park
258 Beech Avenue 403 1 45 $1,815.91
Pine Park
3600 Harding 245 1 45 $1,103.97
Poinsettia Park
6600 Hidden Valley Rd 1395 3 45 $9,429.73
Skate Park
2560 Orion Way 180 1 45 $811.08
Stagecoach Park
3420 Camino de los Coches 756 2 45 $3,406.53
Tamarack (Beach)
Carlsbad Blvd and Tamarack 900 1 45 $4,055.39
DocuSign Envelope ID: 10CD8F24-815F-43F1-903C-804990A8687B
PSA21-1448FAC
City Attorney Approved Version 12/28/2022
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Call out Services – Serviced upon request from Contract Administrator
Call out cost
including first
hour
cost per hour
Estimated
number of call
outs per month
Total monthly not
to exceed
Emergency services –
cleaning, drain
blockage, graffiti
mitigation, snack bar
cleaning
$115 $50 35 $5,929.20
Snack Bars/Catering Facilities– Serviced upon request from Contract Administrator
Location
Est Average
Hours/Cleaning Cost per
cleaning
Estimated
number of
cleanings per
month
Monthly Cost
(est)
Snack Bar 8 $131.76 2 $263.52
Aviara Park
Food serving facility 6 $197.64 10 $1,976.40
Total Monthly Not-to-Exceed Amount $62,356.83
Total Agreement Not-to-Exceed Amount $187,070.50
DocuSign Envelope ID: 10CD8F24-815F-43F1-903C-804990A8687B