HomeMy WebLinkAbout25F - AGMT OC CONSERVATION CORPREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 16, 2018
TITLE:
APPROVE AN AGREEMENT WITH
ORANGE COUNTY CONSERVATION
CORPS FOR LITTER ABATEMENT
AND RECYCLING SERVICES
(GRANT FUNDED)
(STRATEGIC PLAN NO. 5, 2)
C MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
�l»till
❑ As Recommended
❑ As Amended
❑ Ordinance on 1'1 Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange
County Conservation Corps for litter abatement and recycling services, for an 18 -month period
beginning January 16, 2018, and ending on July 15, 2019, in the amount of $79,200, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
Assembly Bill 939 (AB939) mandates waste diversion from landfills and recycling program
implementation. To assist cities in their implementation efforts, the Department of Resources
Recycling and Recovery (CalRecycle), administers a grant program for cities and counties in
support of beverage container recycling and litter cleanup activities. The City of Santa Ana is an
annual applicant/recipient of these grant funds. Recently, CalRecycle narrowed the focus for new
grant expenditures, requiring recipients to evaluate and implement other programming
opportunities.
In the CalRecycle 2016/2017 grant application cycle, grant funding was requested and approved
to implement a litter abatement and recycling program utilizing the services of the Orange County
Conservation Corps (OCCC). The OCCC empowers young adults from disadvantaged
communities to earn a living while learning valuable employment skills through environmentally -
based job training. The OCCC will provide a labor force to assist the City with alleyway litter
abatement and recycling, which will include two Corps members and one Supervisor for 120 8 -
hour days, and a stakebed truck.
The total cost for the OCCC litter abatement/recycling program, including reporting, is $79,200.
Implementation of this program will assist in removing illegal dumping of household furniture,
25F-1
Agreement with OC Conservation Corps
January 16, 2018
Page 2
trash, and recycling, while providing employment opportunity to disadvantaged youth, increasing
compliance with AB 939, and doing so with State -granted funding.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #2 (expand opportunities for conservation and
environmental sustainability.
FISCAL IMPACT
Funds in the amount of $79,200 are budgeted and available in the Refuse Collection Service
Fund (Account No. 06917640-62300) for expenditure in FY 2017-18, 2018-19, and 2019-20.
Unspent encumbered funds will be carried forward into subsequent fiscal years. The estimated
fiscal spending plan is as follows:
Fiscal Year Amount
FY 2017-18 (January — June) $59,400
FY 2018-19 (July — June) $17,300
FY 2019-20 (July) $2,500
TOTAL $79,200
�rep Mousavipour
Executive Director
Public Works Agency
FM/MLM/CK
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
I ItA -T �.Mr % �.J 1 ►� �a
Francisco Gutierrez o
Executive Director A
Finance & Management Services Agency
25F-2
AGREEMENT TO PROVIDE LITTER ABATEMENT AND RECYCLING SERVICES
THIS AGREEMENT is made and entered into this 16th day of January, 2018 by and between the Orange
County Conservation. Corps ("Contractor"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a contractor having special skills, knowledge, and resources to assist the
City with beverage container recycling and litter abatement programs in accordance with state
mandates.
B. Contractor represents that it is able and willing to provide such services to the City. Contractor's
services will be funded through grant monies received by the City from the California Department
of Resources Recycling and Recovery (CalRecycle).
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable
in its field and that any services performed by Contractor under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional contracting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform the services that are described in Exhibit A. Contractor's proposal is
incorporated by reference as though fully set forth herein.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this
Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under
the term of this Agreement shall not exceed $79,200.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made
for work which fails to meet the standards of performance set forth in the Recitals which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue through July.15;
'2019; unless terminated earlier in accordance with Section 15, below.
Page 1 of 7
Exhibit 1
25F-3
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Contractor
shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractors prepare under this Agreement. Contractor represents and warrants that Contractor has the
legal right to license any and all Documents & Data. Contractor makes no such representation and
warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. —INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Contractor's
operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single
limit coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory with
respect to insurance or self-insurance programs maintained by the City; and (c) contain
standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
Page 2 of 7
25F-4
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Contractor agrees to
obtain and maintain any employer's liability insurance with limits not less than $1,000,000
per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Contractor pursuant
to this section:
i. Contractor shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
iv. Contractor shall supply City with a fully executed additional insured endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Contractor's right to be paid
for its time and materials expended prior to notification of termination. Contractor waives
the right to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by City.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
Page 3 of 7
25F-5
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor's services are subject to Civil Code Section 2782.8, the above indemnity sball be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and further
agrees to exercise the same degree of care it uses to protect its own information of like importance, but in
no event less than reasonable care. "Confidential Information" shall include all nonpublic information.
Confidential information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either patty by any
subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of
non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is
in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without reference to
information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services.
Page 4 of 7
25F-6
12. DISCRIMINATI®N
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations and as further specified in the certifications submitted in Contractor's
proposal and incorporated in this Agreement by reference.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other contractors retained by City.
WNE M "!'I,__'u 1_1M. COW11
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Contractor consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
Page of
25F-7
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Contractor shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Page 6 of
25F-8
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
To Contractor:
Orange County Conservation Corps
1853 N. Raymond Ave
Anaheim, CA 92801
Fax: 714-956-1944
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By
John AAk
Assistant City Attorney
FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director, Public Works Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
CONTRACTOR:
Name:
Title:
Page 7 of 7
25F-9
occc
PROPOSAL: City of Santa Ana Litter Abatement and Recycling Program
0
1 ORANGE COUNTY
CONSERVATION CORPS
April 26, 2017
Christy Kindig
Project Manager
City of Santa Ana
Re: City of Santa Ana Litter Abatement and Recycling Program
Dear Ms. Kindig,
The Orange County Conservation Corps (OCCC) proposes to provide a labor force to assist the city with
their alleyway litter abatement and recycling program. OCCC will provide a labor force consisting of two
(2) Corpsmembers and a one (1) Supervisor to assist the cityby collecting and recycle beverage containers,
other recyclable material and litter. OCCC will record, weigh, and recycle the material on a monthly basis
and provide a collection report to the city. The rate do not Include litter disposal costs, or any other fees
If required.
We sincerely appreciate your interest in collaborating with OCCC. Founded in 1993, OCCC is a private
non-profit 501(c) (3) organization funded by grants, work contracts, donations and contributions. OCCC
serves young adults who need support in the transition from adolescence to adult employability by
providing work projects that benefit the community while instilling a work ethic and a sense of public
service. In many cases, OCCC provides the first paid work experience for Orange County's young adults.
Sometimes called a "Second Chance at Success," the OCCC is for some a last chance to avoid gangs, stay
free of drug abuse, avert incarceration, and ultimately ensure a positive life for themselves as working,
productive members of their community. OCCC's growth in Orange County depends directly upon the
availability of projects like those of the City of Santa Ana.
Sincerely,
✓rr
Josh Volp
Director of Operations
Exhibit: Attachment A
25F-11
Attachement A
Protect Bid For. City of Santa Ana - Litter and Recycling Date: 4/2612017
Hours
Personnel: Rate Required Total
Crew $ 27.50 2,880 $ 79,200
Additional Staff Expense $
Crew Breakdown:
Number Hours/da
Corpsmembers
2 8.00
Supervisor
1 8.00
Direct SuppliesEExpenses:
Tools
$
Equipment Rental
$
Dumpsters
$
Disposal Fees
$
Fees/Permits
$
Misc. Supplies
$
Other
$
Subtotal Supplies/Expenses
7-972575
Total Bid
$
25F-12
of Das Total Hours
120 1,920
120 960