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HomeMy WebLinkAboutMunicipal Contract Solutions - 2019-11-01 AMENDMENT NO. I TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MUNICIPAL CONTRACT SOLUTIONS FOR AS NEEDED ENCAMPMENT CLEANUP SERVICES 'PHIS .A.MENDMEN'r is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and MUNICIPAL CONTRACT SOLUTIONS, a Sole Proprietor, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 1, 2019, entitled "Service Agreement Between the City of Iluntington Beach and Municipal Contract Solutions for As Needed Encampment Clean Up Services"which agreement shall hereinafter be referred to as the "Original Agreement'; and City and Consultant wish to amend the Original Agreement to increase the term, NOW, THEREFORE, it is agreed by City and Consultant as follows: I. TERM The term of the Agreement is extended for one additional year until October 31, 2022. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 2 I-10642270812 I IN WITNESS WHEREOF,the ponies hereto have caused this Agreement to be executed by and through their authorized officers on N©tleakes- 2021. MUNICIPAL CONTRACT SOLUTIONS CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: -- K ht =f 7&Lkp _ print namc ITS: (circle one)CMimtan/PresidenvVice President try Menage[ By: A TD TNTfl D A APPROVE prior name ITS:(circle one)seaetery/Chief Finamial Director o tc otks Officer/AM Secretary-Treasurer APPROVED AS C' Attorney >� RECEW F,%V,. City Clerk 21-10642/270912 2 AW ® MR7 DlYYYY)ATE(M a`?iio CERTIFICATE OF LIABILITY INSURANCE DATE 021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlRcale does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER John Forbes Farmers Agency CONTACT John Forbes 234 S Pacific Coast Hwy 0204 PHONE 310.356-0730 FAC .310-356-0731 Redondo Beach CA 00277 Imc No EMAIL ADDRESS,jforbes@farmersagent.com EMAIL INSURER(e)AFFORDING COVERAGE MC# _ INSURER A:Hiscox 10200 INSURED MCS Municipal Contract Solutions LLC INBURER e:Farmers Insurance Exchange 21052 2904 Blaisdell Ave Mid Century Insurance Company z16tl7 Redondo Beach CA 90278 INBURERC: rYsura P y INSURER D: INSURER E: NSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,IPO L SR TYPE OF INSURANCE ADDLISUtlN POLICY NUMBER I MM DDY EFF MM OC%YEXP I LIMITS COMMERCIAL GENERAL LIABILITY ✓ EACH OCCURRENCE 5TO 1,000,000 CLAIMS-WADE MADE F. OCCUR ITAMAGES(Ea un rrenCe) $ r 10D 000 RENT A UDC-1877979-CGL-21 a111112121 /1101/2022 ME➢EXP(ArryonaParson) $5,000 PEF40MAL 6 ADY INJURY $1,000,000 GEML AGGREGAI E LWI T APPLIES PER: GENERAL AGGREGATE $2,000,000 ✓ POLICY jEa 7 LOC PRODUCTS-COMP/OP AGO S OTHER: S AUTOMOBILE LIABILITYLir (Ea o�m)BINED1 ELI L1,000,000 606782341 02/13/2021 0211312022 BODILY INIURY(Par portion) S BHANYAUTO OWNED N SCIIEOULED BODILY INJURY(Por acdtlmY) S AUTOS ONLYAUTOS HIRED NO"WNED RTYRAMAGE AUTOS ONLY AUTOS ONLY �roCddent) 5 S UMBRELLA LIAR Li OCCUR Li EACH OCCURRENCE 5 EXCESSLIAB CLAIMS MADE AGGREGATE $ OEO 0 RETENTIONS S WORKERS COMPENSATION 11- ANDEMPLOYERSTAO .ITY STATUTE LJ ER C ANYPROPRIETO0~11NER,EXECUTIVE YIN b09488642 08/0112020 08I0112021 E.L.EACH AcgDENT 51,000,000 OFFICER/MEMBEREXCLUDED7 IY I NIA (Mandatory In NH) E.I.pSFASE-EA EMPLOYEE s1,000,000 IIyef eM7101 OF O 1 000,000 DESCITLIPTION OF OPERAIKN1S bdmv E.L.DISEASE-POLICY LINK $ � IF-]'o Certificate Holder as Insured: A (Additional I cLEs (AcaaD lot,Addnlen.I Ram.,X.s<noewo,may be attached a more spot*Is required) AS TO FORM The City of Huntington Beach,Its officere,elected or appointed officials,employees,agents and volunteers 2000 Main Street Huntington Boach,CA 92648 py: MICMAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 20TO Main St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Huntington Beach, CA 92648 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE PRESENTATIVE John Forbes ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Produced uslno Farms Sou Wob saawam.www.FwmsBosvxom:?Impressive PutnWhIna 600.206-1 W 7 HISCOX Hiscox Insurance Company Inc. Policy Number: UDC-1877979-CGL-21 Named Insured: MCS Endorsement Number: 18 Endorsement Effective: January 1, 2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) The City of Huntington Beach, its officers,elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or orgar l- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury', "properly damage" or "personal and advertising injury" caused, in whole or in par:, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1877979-CGL-21 Named Insured: MCS Municipal Contract Solutions LLC Endorsement Number: 23 Endorsement Effective:June 3, 2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2, you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 CW(03/16) Includes copyrighted material of Page 1 of 1 Insurance Services Office, Inc.,with its permission SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MUNICPAL CONTRACT SOLUTIONS FOR AS NEEDED ENCAMPMENT CLEANUP SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and MUNICIPAL CONTRACT SOLUTIONS , a Sole Proprietor hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of homeless encampment cleanup and general cleanup services per Exhibit A. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates John Fallon who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. Page 1 of 9 2016 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $150,000 PER YEAR during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence November 1, 2019 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate October 31, 2021 1 unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for One (1) additional one year period if mutually greed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly Page 2 of 9 2016 out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. Page 3 of 9 2016 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall:. a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest 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 specified under this Agreement. Page 4 of 9 2016 14. Termination 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 Director may require Contractor to deliver to the City all work product 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. 15. 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 of this 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 are not embodied herein. 16. 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. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the Page 5 of 9 2016 situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach Municipal Contract Solutions Attn: Denny Bacon Attn: John Fallon 2000 Main Street 2203 Voorhees Ave. Huntington Beach, CA 92648 Redondo Beach, CA 90278 310-922-0499 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. Page 6 of 9 2016 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immi2ration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Le2al Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination 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. 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. Page 7 of 9 2016 29. 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 Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully 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. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 2016 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Municipal Contract Solutions California INITIATED AND APPROVED: By: U print name ITS:Icircle one) Proprietor/Chaim{ /President/Vice Director of iC orks President AND APPROVED AS T RM: By: -Zt print name —-4e� ITS: (circle one) Secretary/Chief Financial 5;0ityAttorney Officer/Asst. Secretary-Treasurer Ro^, WED A APPROVED: City Manager RECEIVED: Ct y Clerk Page 9 of 9 2016 EXHIBIT A SCOPE OF WORK, DUTIES, AND RESPONSIBILITIES GENERAL 1. Vendor shall provide one to two workers to remove/clean homeless encampment debris from City of Huntington Beach-maintained property as directed by Public Works staff on an on-call as needed basis.All workers employed by the Vendor must maintain a valid Class C California Driver License. 2. Anticipated time commitment is for One (1) 2-person crew, Five (5) days per week, Eight (8) hours per day subject to change at any time at City's sole discretion. 3. City shall provide one stake bed truck with hydraulic lift for use by Vendor during the work shift. 4. City shall provide a representative to serve as a point of contact for writing, approving and issuing work orders, and addressing any issues or questions. 5. City shall provide training and written instructions for the Vendor to help identify, sort, tag, and catalog personal property to be tagged and retained.Vendor will transport personal property to a site designated by City and/or as directed by City Staff.Vendor will be responsible for posting notice at each cleanup indicating contact information for how/where to reclaim personal property. 6. Vendor shall clean up encampment sites as assigned by City. Cleanups shall include collecting and sorting of debris,separating out personal property, shopping carts, e-waste, mattresses, and dismantling temporary structures, removing trash,cutting weeds, clearing paths, pruning trees and shrubs, and disposing of all debris. 7. Vendor shall coordinate with the City on a project-by-project basis to determine the scope for each encampment cleanup. Additional specific instructions may be given at the work location. 8. Vendor may be requested to post"notice to vacate" signs at an encampment site prior to the commencement of each removal project. Postings typically occur 72-hours prior to the date of cleanup. In certain circumstances, at the direction of the Huntington Beach Police Department or the Public Works Director, immediate cleanup may be required.Vendor shall photograph posted notices to document time and location of posting. Photograph shall be taken in such a manner as to provide location context and clear proof of date/time of posting. 9. Vendor shall photograph the encampment site before and after the cleanup to document the conditions of the site and date of cleanup. Photograph shall be taken in such a manner as to provide location context and clear proof of date/time of photo. Photographs shall be submitted to City Staff electronically on a weekly basis. 10. Vendor shall be responsible for the supervision/management of its crew and ensure all necessary safety procedures are followed at all times. 11. Vendor shall follow best practices work procedures to safely manage any hazardous materials that may be found on the jobsite, including urine,feces, soiled personal hygiene items, syringes and other items that may pose a health threat. 1 EXHIBIT A SCOPE OF WORK, DUTIES, AND RESPONSIBILITIES 12. Vendor shall immediately contact the Huntington Beach Police Department in the event weapons are found at the encampment at 714-960-8825. 13. Vendor shall work with City staff to obtain, maintain and comply with all permits required to perform cleanup along waterways, including but not limited to, any permits required by the California Regional Water Quality Control Board,the California Department of Fish and Wildlife and/or the U.S.Army Corps of Engineers. 14. In the event the encampment location is restricted,the Vendor shall coordinate entry with City staff. 15. Vendor shall notify City staff when the work is completed and provide a clean-up report for each site, including total weight of debris disposed at transfer station. 16. In the event that additional encampments are identified in the general area of an existing clean-up project, Vendor shall notify City staff to obtain authorization prior to proceeding with any additional work that was not identified in the original scope of work. 17. Vendor shall perform work in a timely and efficient manner, and conduct themselves in a courteous and professional fashion at all times. 18. Vendor shall properly handle and dispose of solid, liquid and/or hazardous waste in accordance with all applicable City, State or Federal regulations. The City has an exclusive franchise with Rainbow/Republic Services for all commercial solid waste services, including temporary boxes. Service Provider shall utilize Rainbow/Republic transfer station for all self-hauled solid waste disposal. City is responsible for the transfer station expense. SAFETY AND TRAINING 1. Safety and appropriate training are critical requirements for the selected Vendor. 2. Vendor shall comply with all safety rules, protocols, and licensing requirements mandated by the State of California. 3. Work may be performed in inclement weather.Jobsites can be in heavy foliage, amongst poison oak, along steep embankments, adjacent to train tracks, alongside waterways, and other areas requiring alertness to the environment and careful pre-planning to avoid injury or illness. 4. Vendor shall conform to all applicable occupational safety and health standards, rules, regulations and orders established by the State of California.The Vendor shall provide all safety equipment, materials, and will supply safety and other training, as required.Vendor shall provide employees with appropriate safety apparel. Apparel shall include, but not be limited to, hard hats, safety glasses,vests, puncture-resistant gloves and puncture-resistant boots. 2 EXHIBIT A SCOPE OF WORK, DUTIES, AND RESPONSIBILITIES 5. Vendor shall be trained annually in OSHA's Bloodborne Pathogen Standard 1910.1030.This training must be supplemented with additional education regarding West Nile Virus, hanta virus,typhus and histoplasmosis.Vendor must have written work procedures in place to determine how to safely handle urine,feces, soiled personal hygiene items, syringes and other materials that could pose a health threat. 6. Upon request by City staff,Vendor shall provide copies of all training records and licenses and certifications for all employees working within the City of Huntington Beach. 3 MCSEXHIBIT A- page 4 of 4 MUNICIPAL CONTRACT SOLUTIONS Estimate for Services October 3, 2019 Mr. David De La Torre Landscape Maintenance Supervisor Public Works Department City of Huntington Beach 714-318-7723 Description of Work MSC will provide labor to assist the City with legally disposing of homeless encampments and securing personal property and any stolen property with the Police Department at various parks and rights of way. This is to add an additional employee. One employee (2nd)- 5 days per week, 8 hours per day. Cost: $6,106.00 per month. All employees have the proper PPE and required shots when working with bloodborne pathogens, fecal matter, human waste and hazardous materials. All work will be scheduled with the Landscape Maintenance and Police Department staff. We are a current vendor with the City of Huntington Beach, and have a current business license and all necessary insurance requirements on file. If you have any questions or comments, please contact me. Thank you, John Fallon MCS 310-922-0499 JOHNFALLON@MUNICIPALCONTRACTSOLUTIONS.COM 2203 VOORHEES AVE. REDONDO BEACH CA 90278 310-922-0499 ACOR" DATE(MM/DD/YYYY) �llllw CERTIFICATE OF LIABILITY INSURANCE 10/31/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain polides may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: John Forbes John Forbes(29583C8) PHONE FAX 234 S Pacific Coast Hwy Ste 204 (A/C,NO,EXT):310-356-0730 (A/C,No):310-356-0731 E-MAIL Redondo Beach CA 90277-7003 ADDRESS: jforbes@farmersagent.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Truck Insurance Exchange 21709 INSURERS: Farmers Insurance Exchange 21652 MCS INsuRERc: Mid Century Insurance Company 21687 2003 VORHEES AVE APT#3 INSURER D: Hiscox 10200 INSURER E: REDONDO BEACH CA 90278 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDTL SUER POUCYNUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE (Ea $ PREMISES(Ea Occurrence) 100,000 MED EXP(Any one person) S 5,000 d Y N UDC-1877979-GCL-19 01/01/2019 01/01/2020 PERSONAL&ADV INJURY $ 1,000,00 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PROJECT ❑ LOC PRODUCTS-COMP/OP AGG $ 1,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBIN LE LIMIT (Ea accidee nt)rit) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNEDAUTOS SCHEDULED BODILY INJURY(Per accident)$ ONLY AUTOS 606314017 01/01/2019 01/01/2020 HIREDAUTOS X NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESSLIAS CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTHER $ AND EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT $ 1,000,00 EXECUTIVE OFFICER/MEMBER Y N/A 09488642 01/01/2019 01/01/2020 E.L.DISEASE-EA EMPLOYEE 1,000,00 C EXCLUDED7(Mandatory in NH) If yes,describe under DESCRIPTION OF E.L.DISEASE-POLICY LIMIT S 1,000,000 OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Public Works Contract for Janitorial Services City of Huntington Beach,It's officers,elected or appointed officials,employees,agents and volunteers as additional insured MGm A NSVC" CERTIFICATE HOLDER CANCELLATION CT" CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION 2000 MAIN ST DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John Forbes HI INTINGTON BEACH CA 99F;AA ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks ofACORD JCOX Hiscox Insurance Company Inc. Policy Number: UDC-1 877979-CGL-1 9 Named Insured: MCS Endorsement Number: 18 Endorsement Effective: January 01, 2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) The City of Huntington Beach, its officers,elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 PECEIVED CITE' OF IHl. NTINGTON BEACH MAR 7 201 3 Rider to Emergency Requisitiari ar` i epartr ent Emergency Purchase Justification DATE: 3/25/2013 DEPARTMENT; Public Works REQUESTED BY: tienny Bacon ITEM: Homeless Carnp Cleanup Services SOURCE: MCS Municipal Contract Solutions THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: L-1 Them is great public; calamity. u Them is immediate need to prepare for national or local defense. There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. Lr An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement: of the needed services. _J Other A—PLA( Tl N .1 S —CHECKED: It is necessary to continuously provide __ homeless camp cleanup service to prevent (continued p, ) ..... .. _....... _.... AUTHORIZATION Headt3 ,c,8o {a} to a t s __.. _........ �_,h _.._. ...._��t�t�ar�c��l��ice€ I3.�7�.'�?C�i�)) Date C,°yet+, ar��ct�r '"pate Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department, 3/25/2019 Emergency Purchase Justification Homeless Camp Cleanup Services Page 2 EXPLANATION—CONTINUED FROM PAGE 1 i blight,and to prevent the spread of illness caused by human conditions such as human waste,decaying food remnants etc. left behind when homeless persons have been camped in an area and discard unwanted belongings.The vendor that is currently providing the services, MCS, also provides contract janitorial services in our city parks via the city's competitive procurement process.The emergency purchase is necessary to allow for the clean ups to continue uninterrupted while specifications are developed for bidding. It is anticipated that the bidding will occur in 4th quarter FY 18/19 for contract commencing early in FY 19/20 i I i ' DEPARTMENT OF PUBLIC WORKS CONTRACT TRANSMITTAL and ROUTING SLIP Date November 4, 2019 From. Denny Bacon, ext. 5024 Route To: 3. r 4. City Clerk Re: Signature Requested SERVICE AGREEMENT FOR HOMELESS ENCAMPMENT CLEANUP Contract Summary Awarded Vendor Municipal Contract Solutions, also known as MCS Scope of Services: Provide as needed Homeless Encampment Cleanup services Basis of Award: Emergency Procurement Rider. Contract Amount: Not to exceed $150,000 per year. Contract Term: 2 years with option for a 1-year extension. Budget: Funds are budgeted for this purpose in Landscape Maintenance account 10085602.64620 and in Infrastructure Projects account 31440001.82000 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov 17,1909 Office of the City Clerk Robin Estanislau, City Clerk November 22, 2019 Municipal Contract Solutions Attn: John Fallon 2203 Voorhees Ave. Redondo Beach, CA 90278 Dear Mr. Fallon: Enclosed is a fully executed copy of the "Service Agreement between the City of Huntington Beach and Municipal Contract Solutions for As Needed Encampment Cleanup Services." Sincerely, (�2�G�/ZIQi�J Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand