HomeMy WebLinkAbout2011/01/11 Item 5TY COUNCIL
STATEMENT
~~ CITY OF
----- CHULAVISTA
1/11/2011, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVIivG THE COMPETITIVE BID PROCESS
AND AUTHORIZING STAFF TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY OF CHULA VISTA AND THE URBAN CORPS OF SAN
DIEGO COUNTY TO PROVIDE BRUSH MANAGEMENT
SERVICES FOR THE CITY OF CHUISTA
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
ASSISTANT DIIZECTOR OF PUBLIC WORKS ~-
FIRE CHIEF~~
REVIEWED BY: CITY MANAGER ~f ,,5~
ASSISTANT CITY MANAGER ~i~
4/STHS VOTE: YES ^ NO
SUMMARY
The Chula Vista Fire Department has been awarded $133,333 from a grant sponsored by the
American Red Cross, which was approved by City Council Resolution 2010-241. This grant will
provide brush management to help reduce wildfires impacts in Chula Vista. Since the Urban Corps
have agreed to match the grant funding at a rate of one and one half dollars per dollar provided, staff
recommends waiving the normal bid selection process under provision 2.56.070(B)(3) of the Chula
Vista Mtuticipal Code. As a result, Urban Corps will provide over $333,332 in services, which
more than doubles the original grant.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity qualifies for
a Class 4 (i) (Fuel Management Activities) categorical exemption pursuant to Section 15304
[Minor Alterations to Land] of the State CEQA Guidelines because the proposed activity seeks
to reduce the volume of flammable vegetation in order to help decrease the potential of wildfires
occurring in the City of Chula Vista. Thus, no further environmental review is necessary.
RECOMM ENDATION
Council adopt the resolution.
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1/11/2011, Item .`.~
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Chula Vista Fire Department applied for and was awarded $133,333 in grant fiords. These
fiords will be used to provide vegetation management in open space areas. Originally, the $133,333
was to be used in Rice Canyon along with a Legislative Pre-disaster Mitigation Grant (LPDMG).
Since receiving this grant, it has been determined that utilizing said fiords in an alternate canyon will
allow for additional vegetation management to be done. The LPDMG will be able to move forward
separate from this process and fiords. While the scope and implementation of the project will
remain the same, the location for this brush management project will shift to Bonita Long Canyon,
which has been identified by the Fire Department as equivalent in priority.
The Urban Corps of San Diego County (UCO) administers and operates youth training programs in
San Diego Cormty. Work crews of 8 to15 corps members with a supervisor perform labor-intensive
maintenance projects such as painting, culvert cleaning, litter patrol, park maintenance, and brush
abatement. UCO work crews have been utilized successfully for labor in Open Space, Wastewater
and Parks sections of Public Works. UCO will provide a IS-person crew with supervisor at a cost
well below other private contract services utilized by the City. It is anticipated this partnership will
provide more than double the amount of fuel reduction than could be completed through a standard
contract. UCO was awarded a grant through the San Diego Work Force Partnership for fire fuel
reduction. This funding provides UCO the ability to collaborate with other community partners,
like the City of Chula Vista, in order to augment existing brush management projects. By
leveraging project dollars through a 150% match, UCO provides cost savings that no other vendor is
able to provide for these services. hi addition to the low-cost fire prevention services being offered,
UCO is creating job training and educational opportunities for young adults 18-25 .countywide.
UCO will ensure outreach and recniitment efforts are targeted toward youth residing in Chula Vista
in order to increase the comiection these young people feel to their cormnLmity, their environment,
and their own future.
Mrmicipal Code Section 2.56.070 (B) (3) provides that if "...the competitive bidding requirements
as applied to that contract are impractical, impossible or that city interests would be materially better
served by applying a different purchasing procedure approved by the purchasing agent as being
consistent with good purchasing practices." Staff recommends waiving the competitive bid process
for this project as UCO will be able to leverage additional grant funds to this project, essentially
providing well over $300,000 in services for the original $133,333 in grant funds.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund as a result of approval of this resolution. All expenditures
are completely offset by the grant funding received by the American Red Cross and the matching
fiords provided by the Urban Corps. City Council authorized acceptance and appropriation of
the American Red Cross grant with Resolution 2010-241, therefore no appropriations are
requested at this time."
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1/11/2011, Item 5
Page 3 of 3
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as the contract cosy associated with completing brush
management services will cease after grant fiords have been expended.
ATTACHMENTS
MOU from Urban Corps December 2010
Prepm~ed by: Pn~i[ Sirois, Open Space Manager, Pa~6lic Works-Operations
K:\PUBLIC WORKS\AGENDA\CAS2011\Ot-11-11\Agenda Statement -Urban Corps.doc
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THE ATTACHED 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
~~~ ~,
Glen R. Goo ' s D4P~ `~
City Attorney
Dated: 12 - "Z ~ - l C~
MEMORANDUM OF UNDERSTANDING
BETWEEN
URBAN CORPS OF SAN DIEGO COUNTY, AND
CITY OF CHULA VISTA
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Urban Corps of San Diego County
3127 Jefferson Street
San Diego, CA 92110
NIEMORANDUNI OF UNDERSTANDING (MOU)
BETWEEN Urban Corps of San Diego County AND City of Chula Vista
Effective date. This agreement is effective
through June 30, 2011.
and will remain in effect from January 1, 2011
The purpose of this Memorandum of Understanding is to establish an understanding between the URBAN CORPS OF
SAN DIEGO COUNTY (Urban Corps) and CITY OF CHULA VISTA (Sponsor) regarding the Fire Fuel Reduction
Program funded through San Diego Workforce Partnership.
I. Responsibilities of the Parties:
1.Urban Corps of San Diego County shall:
1. Provide a Supervised crew of (15) fifteen fue fuel reduction corpsmembers that will assist with defensible spacing
projects at no cost to the City of Chula Vista; however, the City of Chula Vista agrees to supplement these
services in the amount of $133,000.00 consistent with item 1 of the Sponsor shall section below
2. Supply the fue fuel reduction crews with all tools (hand and power) to accomplish fire fuel reduction and
defensible spacing efforts
3. Provide the fire fuel reduction crews transportation to and from the worksites
4. Equip fire fuel reduction crews with uniforms and standard safety geaz (first aid kits; hard hats, safety glasses,
work gloves, steel toed boots and in some cases snake chaps)
5. Retain full responsibility for the management, supervision and fiscal control of the project
6. Ensure. that fire fuel reduction crews receive instruction on tool safety as well as daily tailgate sessions
7. Work within the scope of services provided by the Sponsor (ie., fire fuel reduction and defensible spacing)
8. Provide a chipper as necessazy
9. Provide Sponsor scheduled fue fuel reduction crew based on needs_from Januazy 3, 2011 through June 3Q 2011
10. Ensure proper project coordination with Sponsor contact
11. Submit to Sponsor a Project Accomplishment Report 30 days following the end of the Fire Fuel Reduction
Program
City of Chula Vista, Sponsor shall:
1. Agree to supplement the project funds in the amount of $133,000.00 as a contribution of leverage funding to
continue fire fuel reduction and defensible spacing services
2. Submit to the Urban Corps a Scope of Services for fire fuel reduction and defensible spacing project
3. Provide a map that encompasses the project azea and directions to the project locations
4. Ensure project coordination with the Urban Corps Fire Fuel Reduction Project Manager
5. Pick up the cost for any disposal fees required for hauling of all brush that has been cut
6. Assist the Urban Corps with compliance of reporting requirements due to San Diego Workforce Partnership (ie.,
goals measured outcomes of work performed)
II. Records. Parties shall maintain full and complete records of the costs of services performed under this Agreement.
Such records shall be open to inspection at all reasonable times and such records shall be kept for no less than three years
after termination of this Agreement or until three years following any disputes or litigation or claims arising from this
Agreement.
City of Chula Vista -UCOSD FFR MOU
5-5
III. Insurance. 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
Urban Corps, his agents, representatives, employees, volunteers, or subcontractors and provide documentation of same
prior [o commencement or work. The insurance must be maintained for the duration of the Agreement.
1. Minimum Scope of Insurance:
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, codel (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
2. Minimum Limits of Insurance:
Urban Corps must maintain limits no less than:
1. General Liability: (Including
operations, products and
completed operations, as
applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$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
sepazately 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
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declazed to and approved by Sponsor. At the option of Sponsor, either
the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to Sponsor, its officers,
officials, employees and volunteers; or the Urban Corps will provide a financial guazantee satisfactory to Sponsor
guazanteeing payment of losses and related investigations, claim administration, and defense expenses.
3. Other Insurance Provisions:
The general liability, automobile liability, and where appropriate, the worker's compensation policies aze to contain, or be
endorsed to contain, the fallowing provisions:
a. Sponsor, its officers, offrcials, employees, agents, and volunteers are to be named as additional insureds with
respect to all policies of insurance, including liability arising 'out of automobiles owned, leased, hired or
borrowed by or on behalf of the contractor, where applicable, and, with respect to liability arising out of work or
operations performed by or on behalf of the contractor 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 contractor's insurance using ISO CG 2010 (II/85) or its
equivalent. Specifically, the endorsement must not exclude Products /Completed Operations coverage.
b. The Urban Corps insurance coverage must be primary insurance as it pertains to the Sponsor, its officers,
officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by Sponsor, 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.
City of Chula Vista -UCOSD FFR MOU
5-6
c. 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 Sponsor by certified mail, return receipt
.requested.
d. 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.
e. Urban Corps' insurer will provide a Waiver of Subrogation in favor of Sponsor for each required policy
providing coverage during the life of this contract.
4. Acceptability of Insurers:
Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current
A.M. Best's rafing of no less than A 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 (LESLL) with a current A.M. Best's rating of no less than A X.
Exception may be made for the State Compensation Fund when not specifically rated.
5. Verification of Coverage:
Urban Corps shall furnish Sponsor with original certificates and amendatory endorsements effecting coverage required by
this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the
contract requirements.
All certificates and endorsements are to be received and approved by the Sponsor before work commences. Sponsor
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.
6. Subcontractors:
Urban Corps must include all subcontractors as insured's under its .policies or furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in
these specifications.
7. Not a limitation of Other Obligations: The insurance provisions of [his Agreement shall not be construed to limit the
Urban Corps obligations under this Agreement, including indemnity.
IV. Termination. Termination for Cause: If, through any cause, Urban Corps shall fail to fulfill in a timely and proper
manrier Urban Corps' obligations under this Agreement, or if Urban Corps shall violate any of the covenants, agreements
or stipulations of this Agreement, Sponsor shall have the right to terminate this Agreement by giving written notice to
Urban Corps of such termination and specifying the effective date thereof at least five (5) days before the effective date of
such termination. If Sponsor terminates this Agreement for cause as permitted herein, Urban Corps shall be entitled solely
to any fuel costs due. Urban Corps hereby expressly waives any and all claims for damages or compensation arising
under this Agreement except as set forth herein.
Termination of Agreement for Convenience of Sponsor: Sponsor may terminate this Agreement at any time and for
any reason, by giving specific written notice to Urban Corps of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. If the Sponsor terminates this
Agreement for convenience as permitted herein, Urban Corps shall be entitled solely to any fuel costs due. Urban
Corps hereby expressly waives any and all claims for damages or compensation arising under this Agreement except
as set forth herein.
V. Indemnification. The Urban Corps shall defend, indemnify, protect and hold harmless Sponsor, its elected and
appointed officers and employees, from and against any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising
out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Urban Corps, its officials, officers,
employees, agents, volunteers, and contractors, arising out of or in connection with the performance of this Agreement.
This indemnity provision does not include any claims, damages, liability, costs and expenses (including without
City of Chula Vista -UCOSD FFR NIOU
5-7
limitations, attomeys fees) arising From the sole negligence or sole willful misconduct of Sponsor, 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 Sponsor, 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, volunteers, agents or officers, or any third party.
VI. Compliance. The Parties shall comply with the California Fair Employment and Housing Act and all other
applicable Federal, state, and local laws prohibiting discrimination, including without limitation laws prohibiting
discrimination because of race, color, national origin, sexual orientation, religion, age, sex or medical disability. The
Parties shall comply with the provisions of Labor Code Section 1720. The Parties shall comply with all federal, state
laws, district ordinances, regulations, city code and city ordinances applicable to the performance of services under this
Agreement as it exist now or as may be added and amended.
VII. Relationship of the Parties and Independent Contractor. This Agreement does not create an agency. Sponsor is
interested only in the results obtained and Urban Corps shall perform as an independent contractor with sole control of the
manner and means of performing the services required under [his Agreement. Sponsor maintains the right only to reject
or accept Urban Corps work products. Urban Corps and any of the Urban Corps agents, employees, volunteers, or
representatives aze, for all purposes under this Agreement, independent contractors and shall not be deemed to be
employees of Sponsor, and none of them shall be entitled to any benefits to which Sponsor employees aze entitled
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, Sponsor will not withhold state or federal income tax, social security tax or any other payroll tax, and
Urban Corps shall be solely responsible for the payment of same and shall hold Sponsor harmless with regazd thereto.
VIII. Assignment. This Agreement is not assignable to any party.
IX. Administration of Agreement Each party designates the individuals ("Contract Administrators") listed below as
said parties contract administrator who is authorized by said party to represent them in the routine administration of this
agreement:
For the Sponsor
Name:
Address:
Phone:
Fax:
E-mail:
For Urban Corps:
Name: Sam Duran
Address: 3127 Jefferson
San Dieeo CA 92110
Phone: 619.235.6884
Fax: 619.235.5425
E-mail: sduran@urbancoms.ore
X. Administrative Claims Requirements and Procedures. No suit or azbitration shall be brought arising out of this
agreement, against Sponsor unless a claim has first been presented in writing and Filed with Sponsor and acted upon by
Sponsor in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may
from time to time be amended, the provisions of which aze incorporated by this reference as if fully set forth herein, and
such policies and procedures used by Sponsor in the implementation of same. Upon request by Sponsor, Urban Corps
shall meet and confer in good faith with Sponsor for the purpose of resolving any dispute over the terms of this
Agreement.
XI. 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 attomeys fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
City of Chula Vista-UCOSD FFR MOU
5-8
XII. 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 herein as the places of business for each of the
designated parties.
XIII. 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 thereto as
possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
XIV. Entire Agreement. This Agreement represents the entire Agreement and understanding of the Parties. This
Agreement may not be amended in any way except by writing duly executed by all signatories hereto.
The Parties hereto have caused this Agreement to be fully executed, such Parties acting by their representatives
being thereunto duly authorized.
Executed on this day by:
~% i~ ~ ~
Sa uyy t, Chief Execufive Officer
City of Chula Vista t{J~t~Corps of San Dhiego County
Date• Date• ~~ ~v U
City of Chula Vista -UCOSD FFR MOU
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RESOLUTION 2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BID
PROCESS AND AUTHORIZING STAFF TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY OF CHULA VISTA AND THE URBAN CORPS OF
SAN DIEGO COUNTY TO PROVIDE BRUSH MANAGEMENT
SERVICES FOR THE CITY OF CHULA VISTA
WHEREAS, the Chula Vista Fire Department applied for and was awarded $133,333 in
grant funds; and
WHEREAS, these funds will be used to provide vegetation management in open space
azeas; and
WHEREAS, the location for this brush management project will be Bonita Long Canyon;
and
WHEREAS, the Urban Corps of San Diego County (UCO) administers and operates
youth training programs in San Diego County; and
WHEREAS, UCO work crews have been utilized successfully for labor in Open Space,
Wastewater and Parks sections of Public Works; and
WHEREAS, UCO was awarded a grant through the San Diego Work Force Partnership
for fire fuel reduction; and
WHEREAS, this funding provides UCO the ability to collaborate with other community
partners, like the City of Chula Vista, in order to augment existing brush management projects;
and
WHEREAS, by leveraging project dollars through a 150% match, UCO provides cost
savings that no other vendor is able to provide for these services; and
WHEREAS, Municipal Code Section 2.56.070 (B) (3) provides that if "...the competitive
bidding requirements as applied to that contract are impractical, impossible or that city interests
would be materially better served by applying a different purchasing procedure approved by the
purchasing agent as being consistent with good purchasing practices"; and
WHEREAS, by waiving the competitive bid process for this project, UCO will be able to
leverage additional grant funds to this project, essentially providing well over $300,000 in
services for the original $133,333 in grant funds.
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Resolution No. 201 I
Page 2
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the competitive bid process and authorize staff to enter into a
Memorandum of Understanding (MOU) between the City of Chula Vista and the Urban Corps of
San Diego County to provide brush management services for the City of Chula Vista.
Presented by
Richard A. Hopkins
Director of Public Works
Approved as to form by
~--~~~~
Glen R. Googms ~ ~~t~
City Attorney
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