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HomeMy WebLinkAbout2006/09/19 Item 13 COUNCIL AGENDA STATEMENT Item L Meeting Date 09/19/06 ITEM TITLE: Resolution Waiving the bidding process as impractical and awarding the agreement for Graffiti Removal Services to San Diego Urban Corps for the period of October 1,2006 to June 30, 2007 and authorizing the Mayor to execute the Agreement SUBMITTED BY: Director OfPub/orks Operations ?~f..r . . ,} REVIEWED BY: CIty Manager (/ (4/5 Vote: Yes_ No-X-J The San Diego Urban Corps provides on-the-job training to young adults from disadvantaged inner- city communities, including Chula Vista. Therefore, to assist with its fight against the proliferation of graffiti, the City is partnering with the San Diego Urban Corps to assist with graffiti eradication and recommends waiving, as impractical, the normal bidding process under provision 2.56.070 of the Chula Vista Municipal Code. This project was approved as part of the FY07 budget process at an annual cost of approximately $50,000. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: That City Council adopt the Resolution waiving the bidding process as impractical and awarding the agreement for Graffiti Removal Services to San Diego Urban Corps for the period of October 1, 2006 to June 30, 2007 and authorizing the Mayor to execute the Agreement. DISCUSSION: To assist with its fight against the proliferation of graffiti, the City is partnering with San Diego Urban Corps to assist with graffiti eradication. Under the proposed agreement, the San Diego Urban Corps will be assigning a two-person crew, working two days a week, eight hours per day maintaining various "hot spots" throughout the city whereby graffiti occurs on a regular basis. A sample of these "hot spots" is provided below: . 1-5 Freeway (from Main Street to E Street). . I-80S Freeway (from Main Street to E Street). . Bay Shore Bike Path. . Flood Control Channels (G Street, H Street, and J Street) The San Diego Urban Corps' vehicles will be equipped with paint, rollers, and sprayers to paintover graffiti where it cannot be removed by pressure washing. When pressure washing is required, these 13-1 rS Page 2, Item_ Meeting Date 09/19/06 vehicles are equipped with a power-blasting gun and a wastewater reclamation unit utilized to reclaim the water used to remove said graffiti. The cost for graffiti removal services is fixed for the first year (10/1/06 - 6/30/07). Thereafter, the agreement may be extended by mutual consent for four (4) additional, one-year option periods. Adjustments during the second through fifth year will be based upon the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, for the preceding twelve month period, (CPI increase), up to a maximum of 5% per year. Decision Maker Conflict. Not Applicable. Staffhas reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT: A total of$50,000 has been budgeted in FY07 to pay for graffiti removal services for the first year. The impact to the General Fund will be approximately $50,000 annually. Attachment: Agreement with the San Diego Urban Corps C:\Documents and Settings\robertb\My Documents\Bob\Agenda Statement - Urban Corps Agreement.doc 13-2 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING PROCESSING AS IMPRACTICAL AND AWARDING THE AGREEMENT FOR GRAFFIT REMOVAL SERVICES TO SAN DIEGO URBAN CORPS FOR THE PERIOD OF OCTOBER 1, 2006, TO JUNE 30, 2007, Al'lD AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the San Diego Urban Corps provides on-the-job training to young adults from disadvantaged inner-city communities, including Chula Vista; and WHEREAS, to assist with its fight against the proliferation of graffiti, the City of Chula Vista is partnering with San Diego Urban Corps to assist with graffiti eradication and recommends waiving, as impractical, the normal bidding process under provision 2.56.070 of the Chula Vista Municipal Code; and WHEREAS, this project was approved as part of the FY07 budget process at an annual cost of approximately $50,000; WHEREAS, under the proposed agreement, the San Diego Urban Corps will be assigning a two-person crew, working two days a week, eight hours per day, maintaining various "hot spots" throughout the City whereby graffiti occurs on a regular basis; and WHEREAS, the cost for graffiti removal services is fixed for the first year (8/1/06 - 6/30/06). Thereafter, the agreement may be extended by mutual consent for four (4) additional, one- year option periods; and WHEREAS, adjustments during the second through fifth year will be based upon the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, for the preceding twelve month period (CPI increase), up to a maximum of 5 percent per year; and WHEREAS, a total of $50,000 has been budgeted in FY07 to pay for graffiti removal services for the first year. There is no direct fiscal impact from approving this resolution in that funds expended for subsequent fiscal years will have been.-approved through the normal budget process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby award the agreement for graffiti removal services to San Diego Urban Corps for the period of October 1,2006, to June 30, 2007. 13-3 RESOLUTION NO. 2006- Page 2 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City. Presented by Approved as to form by Dave Byers Director of Public Works ~'lC~ \'\.'l~ Ann Moore City Attorney J :\Attomey\RESO\AGREEMENTS\San Diego Urban Corps 1_ 09. 1 9-06.doc 13-4 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney ~ "M \\ \'C\a \f-k~\ Sharon Marshall Dated~~ 1(-'1 y" '2<" <:::::l ,~ / Agreement between City of Chula Vista and Urban Corps of San Diego for Graffiti Clean-up Services to be Conducted at Various Locations 13-5 Agreement between City of Chula Vista and Urban Corps of San Diego for Graffiti Clean-up Services to be C01;1ducted at Various Locations This agreement ("Agreement"), dated October 1, 2006 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City as is indicated on Exhibit A, paragraph 2 [City], whose business form is set forth on Exhibit A, paragraph 3, and the Urban Corps of San Diego [Urban Corps] indicated on the attached Exhibit A, paragraph 4, as Vendor, whose business form is set forth on Exhibit A, paragraph 5. REeIT ALS WHEREAS, the City Council has determined that vandalism and the defacement of property from graffiti is inimical to and destructive of the rights and values of property owners as well as the total community; and, WHEREAS, the City Council has determined the swift removal or painting over of graffiti in combination with criminal prosecution of the persons who create the graffiti is the most effective way of combating this very serious problem; and, WHEREAS, in order to meet the graffiti eradication goals of the City, the most frequently targeted areas in the City have been designated as "hot spots" and require frequent surveillance to insure immediate removal of new graffiti; and WHEREAS, City work crews are unable to provide all ofthe maintenance needs for these designated "hot spots"; and, WHEREAS, Urban Crops provides graffiti removal services and j ob training opportunities; and, WHEREAS, Urban Corps warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Urban Corps to City within the time frame provided in this Agreement all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Urban Corps do mutually agree as follows: Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-6 Page 1 1. The Urban Corps's Duties A. General Duties Urban Corps shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering the "General Duties", Urban Corps shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope ofW ork and Schedule shall be referred to in this Agreement as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, and operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Urban Corps, from time to time reduce the Defined Services to be performed by the Urban Corps under this Agreement. Upon doing so, City and Urban Corps agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services set forth in this Agreement, City may require Urban Corps to perform additional graffiti removal services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Urban Corps, Urban Corps shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Urban Corps, in performing any Services under this Agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-7 Page 2 F. Insurance Urban Corps represents that it and its agents, staff and any sub-vendors employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval ofthe City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Urban Corps, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates ofInsurance. Urban Corps, shall demonstrate proof of coverage required by this Agreement, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Urban Corps Commercial General Liability Insurance Policy, Urban Corps shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Business License Urban Corps agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-8 Page 3 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Urban Corps for the purpose of reviewing the progress ofthe Defined Services and Schedule contained in this Agreement, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall permit access to its office facilities, files and records by Urban Corps throughout the term of the Agreement. In addition to access when necessary, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Urban Corps' performance of this Agreement. B. Compensation Upon receipt of a properly prepared billing from Urban Corps submitted to the City periodically as indicated in Exhibit A, Paragraph 11, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 11, City shall compensate Urban Corps for all services rendered by Urban Corps according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship, subject to the requirements for retention set forth in paragraph 15 of Exhibit A. All billings submitted by Urban Corps shall contain sufficient information as to the propriety ofthe billing to permit the City to evaluate that the amount due and payable pursuant to the billing is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 15 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as that party's contract administrator who is authorized by the party to represent them in the routine administration of this Agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions of the Agreement. 5. Hold Harmless The Urban Corps shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Urban Corps, and Urban Corps' employees, subcontractors or other persons, agencies or firms for whom Urban Corps is legally responsible in connection with the execution of the work covered by this Agreement, Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-9 Page 4 except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Urban Corps, its employees, agents or officers, or any third party. The Urban Corps's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. The Urban Corps's obligations under this Section shall not be limited by any prior or subsequent declaration by the Urban Corps. The Urban Corps' obligations under this Section shall survive the termination of this Agreement. 6. Termination of Agreement for Cause If, through any cause, the Urban Corps fails to fulfill in a timely and proper manner the Urban Corps' obligations under this Agreement, or if the Urban Corps shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to the Urban Corps of such termination and specifying the effective date of the termination at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, reports and other materials prepared by the Urban Corps shall, at the option of the City, become the property of the City, and the Urban Corps shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable under this Agreement, and less any damages caused City by the Urban Corps' breach. 7. Errors and Omissions In the event the City Administrator determines that the Urban Corps' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, the Urban Corps shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 8. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to the Urban Corps of such termination and specifying the effective date of the termination, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described above shall, at the option ofthe City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, the Urban Corps shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. The Urban Corps expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this Agreement. Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-10 Page 5 9. Assignability The services of the Urban Corps are personal to the City, and the Urban Corps shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 10. Ownership, Publication, Reproduction and Use of Material All reports, information, data, statistics and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by the Urban Corps in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports or other materials or properties produced under this Agreement. II. Independent Contractor City is interested only in the results obtained and the Urban Corps shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept the Urban Corps' work products. The Urban Corps and any of the Urban Corps' agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and the Urban Corps shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 12. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as it may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth in this Agreement, and such policies and procedures used by the City in the implementation of same. Upon request by City, the Urban Corps shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Urban COIpS of San Diego Agreement: Graffiti September 5, 2006 13-11 Page 6 13. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be tbe party who is awarded substantially the relief sought. 14. Statement of Costs In the event that the Urban Corps prepares a report or document, or participates in the preparation of a report or document in performing tbe Defined Services, the Urban Corps shall include, or cause the inclusion of, in said report or document, a statement ofthe numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 15. Miscellaneous A. The Urban Corps not authorized to Represent City Unless specifically authorized in writing by City, the Urban Corps shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. C. Entire Agreement This Agreement, together with any other written document referred to or contemplated in tbis Agreement, embody the entire Agreement and understanding between the parties relating to the subject matter ofthe Agreement. Neither this Agreement nor any provision ofthe Agreement may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacity of Parties Each signatory and party to the Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-12 Page 7 E. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close to Chula Vista as possible. Venue for this Agreement, and performance under the Agreement, shall be the City ofChula Vista. Urban Corps of San Diego Agreement Graffiti September 5, 2006 13-13 Page 8 Signature Page to Agreement between City ofChula Vista and Urban Corps of San Diego for Graffiti Clean-up Services to be Conducted at Various Locations IN WITNESS WHEREOF, City and the Urban Corps have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA URBAN CORPS OF SAN DIEGO By: By: Stephen C. Padilla, Mayor Sam Duran, Director Dated: Dated: Attest: Susan Bigelow, City Clerk Dated: Approved as to form by: Ann Moore, City Attorney Dated: Exhibit List to Agreement (X) Exhibit A Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-14 Page 9 Exhibit A to Agreement between City ofChula Vista and Urban Corps of San Diego 1. Effective Date of Agreement: October 1, 2006 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business 3. Place of Business for City: City ofChula Vista, 276 Fourth Avenue Chula Vista, CA 91910 4. Vendor: Urban Corps of San Diego 5. Business Form of Urban Corps: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Urban Corps: 3127 Jefferson Street San Diego, CA 92110 Phone (619) 235-6884 Fax: () Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-15 Page 10 7. General Duties: The Urban Corps shall perform graffiti eradication and clean up of assigned areas in the city. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Urban Corps shall: (1) Maintain graffiti "hot spots" which will be designated in advance by the City. Maintenance means all graffiti in designated "hot spots" will be removed or painted over on the same day the site is inspected and it is determined that clean-up or removal of graffiti is necessary. (2) Provide a Graffiti Removal Crew (Crew) of two (2) Corps members working two (2) days per week, (Monday and Thursday), either (8) hours per day or per the schedule that best meets the needs of the City of Chula Vista. (3) The Urban Corps project manager will meet with the designated City representative to receive instruction on locations and schedules for graffiti inspection and removal. (4) "Self generate" the necessary work in these locations by inspecting the locations for graffiti and removing graffiti found during the course of the inspections. The Crew will report each incidence of graffiti to the project manager or supervisor/specialist before removal or eradication action is taken. The project manager will identify the appropriate methods for graffiti removal for each particular site and insure that over-spray is prevented and the work site is left clean. (5) Provide all necessary tools and equipment. (6) Provide a monthly report to the City detailing actions ofthe Crew. (7) Provide a database to log daily inspection activities as actions are taken. The Project Manager will update this database on a daily basis. The database shall include the following information: . Date and time graffiti site was inspected · Date and time graffiti was removed . Surface type and size of graffiti site . Location of removal . Name of Urban Corps member (s) removing graffiti . Name of personnel logging the information Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-16 Page 11 (8) The following equipment and methods are to be used by the Urban Corps for the removal of graffiti; . Power Blasting Gun - The power-blasting gun will only be used to remove graffiti and other hard to remove substances from the sidewalk during the day. During spraying, a wastewater reclamation unit will be used to reclaim water used. . Painting - The Urban Corps' trucks will be equipped with paint and roll brushes as well as paint sprayers to paint over graffiti where graffiti cannot be removed by either chemical cleaning or pressure washing. The Urban Corps shall apply paint, which reasonably matches the existing base surface(s), and which provides a complete covering of the graffiti markings made by spray paint, marking pens, crayons, or other common defacing materials. The removal of paint cover shall not leave shadows or ghost, and shall not follow the pattern ofthe graffiti such that the letters or similar shapes remain apparent on the surface after the paint, marker, scratches, posters, stickers, or similar graffiti markings have been removed. · Chemical Cleaning - Only environmentally safe chemicals, solvents and materials will be used to remove graffiti. The Urban Corps shall provide Material Data Safety sheets to the City of all chemicals the Urban Corps uses to remove graffiti in the City of Chula Vista. Listed chemicals cannot be used for graffiti removal until approved by the City. Chemical cleaning will only be used where power washing or painting is not effective. B. Date for Commencement of the Urban Corps Services: (X) Same as Effective Date of Agreement C. Date for completion of all Urban Corps services: Services are to be provided by the Urban Corps on a time-and-materials basis through June 30, 2007. Upon a determination by City staff that the Urban Corps has satisfactorily performed the required services during Fiscal Year 2006-2007 and upon subsequent approval by the City Manager, this Agreement may be extended if City so elects in its sole discretion up through Fiscal Year 2008-2009, in one-year increments, upon the same terms and conditions contained in this Agreement. Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-17 Page 12 9. Insurance Requirements: The Urban Corps must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the Agreement and the results of that work by the Urban Corps, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope ofInsurance Coverage must be at least as broad as: I. Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI). 2. Insurance Services Office Form Number CAOOOI covering Automobile Liability, Code I (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability or Errors & Omissions Liability insurance appropriate to the Urban Corps's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance The Urban Corps must maintain limits no less than: I. General Liability: (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: Urban Corps of San Diego Agreement: Graffiti September 5, 2006 $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $500,000 each occurrence $1,000,000 policy aggregate 13-18 Page 13 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self- insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Urban Corps will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: I. The City ofChula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Urban Corps, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Urban Corps including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Urban Corps's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. 2. The Urban Corps's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Urban Corps and in no way relieves the Urban Corps from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnifY the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. The Urban Corps' insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this Agreement. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: I. The "Retro Date" must be shown, and must be before the date ofthe contract or the beginning of the contract work. Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-19 Page 14 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Urban Corps must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a C11ITent A.M. Best's rating of no less than "A, Class V". If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a C11ITent A.M. Best's rating of no less than "A, Class X". Exception may be made for the State Compensation Fund when not specifically rated. Verification of CoveraB:e The Urban Corps shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be OJ! insurance industry forms, provided those endorsements or policies conform to the Agreement requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 10. Materials Required to be Supplied by City to the Urban Corps: (I) A list of work locations and maps showing all the "hot spots" where eradication of graffiti needs to be performed. II. Compensation. A. (X) Single Fixed Fee Arrangement. F or performance of all of the Defined Services by Urban Corps as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $49.500.00, payable as follows: Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-20 Page 15 () I. The City shall make monthly payments to Urban Corps upon receipt of a properly prepared billing containing sufficient information regarding services completed in the previous month. 12. Contract Administrators: City: Dave Byers, Director of Public Works Operations Department of Public Works Operations 1800 Maxwell Road Chula Vista, CA 91911 Telephone: (619) 397-6055 Fax: (619) 397-6254 Urban Corps: Sam Duran, Director Urban Corps of San Diego 3127 Jefferson Street San Diego, CA 92110 Telephone: (619) 235-6884 13. Liquidated Damages Rate: ( )$_perday. ( ) Other: 14. Statement of Economic Interests, Urban Corps Reporting Categories, per Conflict ofInterest Code: (X) Not Applicable. Not an FPPC Filer. 15. Bill Processing: A. The Urban Corps's billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of the Urban Corps's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 30120-6301 Urban Corps of San Diego Agreement: Graffiti September S, 2006 13-21 Page 16 16. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Urban Corps sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ 4.950 Retention Release Event: Delivery and Acceptance of Reports to the satisfaction of the Director of Public Works Operations Urban Corps of San Diego Agreement: Graffiti September 5, 2006 13-22 Page 17