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HomeMy WebLinkAboutMCS Multiple Contract Solutions, LLC - 2022-05-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MCS MULTIPLE CONTRACT SOLUTIONS,LLC FOR HOMELESS ENCAMPMENT CLEAN-UP 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 MCS MULITPLE CONTRACT SOLUTIONS LLC,a California Limited Liability Company,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 clean-up. 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. 22-11198/282369 1 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`B." The total sum to be expended under this Agreement, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) per year for any one year(12 month period) 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. C. Contractor shall be paid pursuant to the terms of Exhibit`B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence May 1,2022, or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminate April 30,2027,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional two-year periods if mutually agreed 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,date 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 22-11198/282369 2 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 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 of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and properly 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)per 22-11198/282369 3 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. 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 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. This 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 22-11198/282369 4 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. 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 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 22-11198/282369 5 Inasmuch as to 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 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: Contractor: City of Huntington Beach MCS Municipal Contract Solutions,LLC Attn: Denny Bacon Attn: John Fallon 2000 Main Street 2904 Blaisdale Avenue Huntington Beach,CA 92648 Redondo Beach, CA 90278_ 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 22-11198/282369 6 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. 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. Immigration 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. Legal 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; 22-11198/282369 7 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. 29. Professional Licenses Contractor shall,through 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. 22-11198/282369 8 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 non-prevailing 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. Entire (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. 22-11198/282369 9 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 Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a MCS Municipal Contract Solutions, Inc. municipal corporation of the State of a California limited liability corporation California A By: UAL Mayor Print name ITS: (circle one) Chairman/)Kcsid Vice President AND City Clerk V/04�i;' By: INITIATED AND AP OVED: Print name ITS: (circle or Secretary/Chief Financial Officer/Asst. Secretary-Trcasurer Director of oaks :APPROVED AS City Attorney REVIEWED PROVED: City Manager 22-11198/282369 10 .............. --.......................... ........... EXHIBIT A REQUEST FOR QUOTE FOR HOMELESS ENCAMPMENT CLEAN UP SERVICES Public Works Department CITY OF HUNTINGTON BEACH Released on March 3, 2022 HOMELESS ENCAMPMENT CLEAN UP SERVICES REQUEST FOR QUOTE (RFQ) 1. BACKGROUND The City of Huntington Beach (City) is soliciting a Request for Quote from qualified firms/ contractors/vendors to provide Homeless Encampment Clean Up Services. The City desires quotes/responses from qualified firms with experience and qualifications in Homeless Encampment Clean Up Services. It is the intent of the City to solicit RFQ's and award one(1) five (5) year,plus two (2) optional two (2) year extensions contract to the selected vendor. The City reserves the right to further negotiate the terms and conditions of the contract. The City reserves the right to reject any quote for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on needs. The City has the right to terminate the contract with a 30-day notice for any reason. 2. SCHEDULE OF EVENTS This RFQ will be governed by the following schedule: Release of RFQ March 3, 2022 Mandatory Pre Quote Conference March 10, 2022 @ 10:00 a.m. Location: City of Huntington Beach, Corporate Yard,Administrative Building Training Room 17371 Gothard Street, Huntington Beach, CA 92647 Deadline for Written Questions March 15, 2022 Responses to Questions Posted on Web March 21, 2022 Bids/Quotes Due March 31, 2022 @ 4:00 p.m. Tentative Award April 15, 2022 Pre-Bid Meeting: A mandatory pre-bid meeting will be held on THURSDAY,MARCH 10,2022 at 10:00 a.m., for the purpose of reviewing the RFQ/bid documents and receiving questions. The pre- bid meeting will be held at the City of Huntington Beach, Corporate Yard, 17371 Gothard Street, Administration Building A, Huntington Beach, CA 92647. Sign-in will be required to verify attendance. Due to COVID-19, attendance is limited to one representative per company. Facemasks required indoors. 3. SCOPE OF SERVICES—HOMELESS ENCAMPMENT CLEAN UP SERVICES Overview: As directed by the City, vendor shall provide turnkey homeless encampment site clean-ups as described herein,with the goal to keep waterways,parks and public spaces free of encampments to protect the environment, and provide safe use of public areas. 2 General Project Requirements: A) Project requirements: One (1) one-ton dump truck(model year 2017 or newer), staffed by one (1)worker, and one(1) lead worker to provide homeless encampment abatement within the City's limits. The lead worker must be able to read,write and speak English. Additionally, one (1)pickup truck(model year 2017 or newer)with a power washer staffed by one (1)worker. For a total of three (3) staff members daily. B) Work schedule:Normal work schedule is five (5) days a week(Monday through Friday), eight (8)hours per day. This work may require emergency callouts, afterhours, and weekend work. C) Special Events -The City of Huntington Beach typically sponsors four(4) separate community beautification/clean up events per year. Vendor will be required to provide three (3) staff members, one forty cubic yard bin,hauling and disposal for each event. All maintenance/labor staff employed by the vendor must maintain a valid Class C California Driver License. Anticipated time commitment per event is one eight-hour work period/shift. SECTION ONE: DUTIES AND RESPONSIBILITIES 1.0 Vendor shall provide one (1) one-ton dump truck(model year 2017 or newer)with a hydraulic lift dump bed with high sides.Additionally, one pickup truck(model year 2017 or newer)with a power washer. Dump truck and pickup truck shall be no older than five (5)model years form date of awarding of this contract. All trucks/vehicles shall be clearly marked"Designated City of Huntington Beach Contractor" and visible from 100 feet away. Trucks shall have a mounted (directional) light bar and strobe. Staff shall wear appropriate uniform. 1.1 Vendor shall clean-up encampment sites as assigned by City. Preparation for cleanups shall include surveying sites, scheduling cleanups with City staff,planning for cleanups (labor, equipment, specialists) and procedural record keeping for each job. Cleanups shall include collecting and sorting of debris, separating out personal property, shopping carts, e-waste, mattresses, and dismantling temporary structures, removing trash,power washing, cutting weeds, clearing paths,pruning trees and shrubs to deter future encampments. All debris must be disposed of following all federal, state, and local laws/regulations. 1.2 Vendor shall coordinate with the City prior to the commencement of each removal project. Postings typically occurs 24 to 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. 1.3 Vendor shall be responsible for the supervision/management of its crew and ensure all safety procedures are being implemented and followed. 1.4 The Vendor will transport personal property to a site designated by City and/or as directed by City staff. Guidelines for the proper identification and classification of personal property may be found in Exhibit A. 3 1.5 Vendor shall photograph the encampment sites using the city's provided cell phone before and after the cleanup to document the conditions of the site and date of cleanup. Photographs shall be submitted to City staff electronically on a weekly basis. 1.6 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. 1.7 Vendor shall immediately contact the Huntington Beach Police Department in the event weapons are found at the encampment. 1.8 Vendor shall trim shrubs and vegetation as an encampment deterrent measure,provided that such abatement is consistent with any permits by City, County, State or Federal agencies. 1.9 Vendor shall provide all material, tools,protective clothing, gear, and equipment that is required or needed to perform the work. 1.10 Vendor shall be familiar with the area and verify with City staff that the jobsite is within the City's jurisdiction. Encampments may be located on properties shared by the City or other agencies. The vendor is expected to be familiar with the area and verify the jobsite is within the City's jurisdiction. In the event the encampment location is restricted,the vendor shall coordinate entry with City staff. 1.11 Vendor shall notify City staff when the work is completed and provide a clean-up report for each site, including total weight of debris removed. 1.12 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. 1.13 Vendor shall provide a representative, if requested by City staff,to attend various encampment clean-up coordination meetings that may involve multiple agencies,jurisdictions, and/or special interest organizations. 1.14 City reserves the right to cancel any given project if the City deems, in its sole discretion,that there are unsafe conditions that exist at the site on the day of a planned event. The City will attempt to provide the vendor with at least 24 hours' notice prior to any cancellation. 1.15 Vendor shall perform work in a timely and efficient manner, and conduct themselves in a courteous and professional fashion at all times. 1.16 Vendor shall properly handle and dispose of solid, liquid and/or hazardous waste in accordance with all applicable City, County, State and Federal regulations. 1.17 Vendor will be responsible for transporting stored property to and from the Huntington Beach Police station, and the Parks, Tree, and Landscape Yard. 4 1.18 Vendor shall submit invoices monthly. Invoices must include: a. Purchase Order Number b.Date(s) Of Service c. Location(s) Of Service d. Applicable Pay Rates e. Authorized and Approved Specialized Equipment Costs f. Weigh Ticket(s)For Material(s)Taken For Disposal-► SECTION 2: CITY RESPONSIBILITIES 2.0 City will provide one cell phone that the vendor's staff must use for communicating with City staff, and for taking before/after photos of cleanup sites. Note this cell phone is for official City use only. 2.1 City shall provide a representative to serve as a point of contact in writing, approving and issuing work orders, and addressing any issues or questions. SECTION 3: SAFETY AND TRAINING 3.0 Safety and appropriate training are critical requirements for the selected vendor. 3.1 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. 3.2 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 training, as required. The Vendor shall provide employees with appropriate safety apparel. Apparel shall include, but not be limited to, hard hats, safety glasses,vests, gloves and puncture-resistant boots. 3.3 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, Hantavirus, and Typhus. 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. 3.4 Upon request by City staff,vendor shall provide copies of all training records and licenses for all employees working for the City of Huntington Beach. 5 4. QUOTE FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough quote for the Scope of Services (see #3. Scope of Services - Homeless Encampment Clean Up Services). Please clearly prepare your firms quote using the following guidelines: A. Vendor Application Form and Cover Letter Complete Appendix A, "Request for Quote -Vendor Application Form" and attach this form to the cover letter. A cover letter,not to exceed two pages in length,should summarize key elements of the quote. An individual authorized to bind the firm must sign the letter. The letter must stipulate that the quote bid/cost will be valid for a period of at least 180 days. Indicate the address and telephone number of the firms office located nearest to Huntington Beach, California and the office from which the project will be managed. B. Background and Project Summary The Background and Project Summary should describe your understanding of the City,the work to be done, and the objectives to be accomplished (refer to #3. Scope of Services - Homeless Encampment Clean Up Services). C. StafBn$! Upon award, selected contractor shall provide a list of individual(s)who will be working on the project(s) and indicate the functions that each will perform. During the contract period, if the contractor chooses to assign different staff to the project,the contractor must submit their names and qualifications to the City before they begin work. D. Qualifications The information requested in this section should describe the qualifications of the vendor, key staff performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1) For the Scope of Services decribed in #3, provide at least three local references that received similar services from your firm.The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Project Description ♦ Project start and end dates ♦ Client project manager name,telephone number, and e-mail address E.Bid/Cost Quote Bid/Cost Quote to be all-inclusive and include all services (materials, supplies, labor, vehicle, etc.) for the Scope of Services described in#3. 1) Complete Appendix B, BID/COST QUOTE Form and include this form with your submittal. 6 5. PROCESS FOR SUBMITTING QUOTES All quotes must be submitted in PDF file format. ♦ Preparation of Quote Each quote shall be prepared simply and economically,avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. ♦ Number of Quotes Submit one (1) PDF file format copy of your quote in sufficient detail to allow for thorough evaluation and comparative analysis. ♦ Submission of Quotes Complete written quotes must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m. (P.S.T) on March 31,2022. Quotes will not be accepted after this deadline. Faxed or e-mailed quotes will not be accepted. ♦ Inquiries Inquiries/Questions regarding this RFQ must be directed via Planetbids.com no later than March 15, 2022 @ 4:00 p.m. Turquoise Benjamin,Buyer turquoise.benjamin@surfcity-hb.org From the date that this RFQ is issued until a contractor is selected and the selection is announced, contractors are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFQ, except during the pre-quote/job-walk meeting. Refer to the Schedule of Events of this RFQ or the City webpage to determine if a pre- quote/job-walk meeting has been scheduled. The City reserves the right to reject any quote for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. ♦ Conditions for Quote Acceptance This RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all quotes received as a result of this RFQ, to negotiate with any or several qualified sources, or to cancel this RFQ in part or in its entirety. All quotes will become the property of the City of Huntington Beach. If any proprietary information is contained in the quote, it should be clearly identified. 6. EVALUATION CRITERIA The City's evaluation and selection process is based upon Qualifications-Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of quotes submitted and select one or more vendor. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: • Compliance with RFQ requirements • Understanding of the project and Scope of Services 7 • Recent experience in conducting similar scope, complexity, and magnitude for other public agencies • Educational background,work experience, and directly related vendor experiences • BID/COST Quote • References The City may also contact and evaluate the bidder's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of a quote; and seek and review any other information deemed pertinent to the evaluation process. After written quotes have been reviewed, discussions with prospective vendors may or may not be required. If scheduled,the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the quote. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. An electronic Notification of Intent to Award may be sent to the firm selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring contractor or withdraw the RFQ. 7. STANDARD TERMS AND CONDITIONS ♦ Amendments The City reserves the right to amend this RFQ prior to the quote due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business-Bids & RFQ's; bidders should check this web page daily for new information. ♦ Cost for Preparing Quote The cost for developing the quote is the sole responsibility of the bidder. All quotes submitted become the property of the City. ♦ Contract Discussions Prior to award, the apparent successful contractor may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one(1)week from notification. If no resolution is reached, the quote may be rejected and discussions will be initiated with the second highest scoring contractor. See Appendix C for a sample City agreement. ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a non-disclosure statement. Quotes are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in quotes. 8 ♦ Financial Information The City is concerned about bidders' financial capability to perform,therefore,may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. ♦ Insurance Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidders must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Quote Security. Please carefully review the City's Sample Agreement and City Insurance Requirements before responding to the Request for Quote enclosed herein. The insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Quote must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Quote. 9 EXHIBIT A Guidelines for Property Identification Unless an item is clearly identifiable as trash or poses an immediate threat to public health or safety, it should be retained and stored as potential personal property. Items that are arranged in a manner that suggests ownership (E.g.: items that are neatly hung, folded or stacked, stored off the ground, on display or packed in a box) shall be retained for storage. If there is any uncertainty regarding whether an item should be discarded or stored, it should be stored. The following is a brief overview of items that can be considered personal property and must be stored. This is not an exhaustive list. ■ Backpacks, Briefcases and Purses ■ Birth Certificates,Driver License, Insurance and Social Security Cards ■ Books ■ Eyeglasses & Sunglasses ■ Generators & Stoves ■ Intact Bicycles ■ Jewelry ■ Medications &Medical Records ■ Photos &Photo Albums ■ Pots&Pans ■ Radios &Electronics ■ Tools The following is a brief overview of items that can be considered trash and/or a threat to public health and safety. These items will not be stored. This is not an exhaustive list. ■ Broken or Disassembled: Items that are broken, damaged, stripped of parts. For example: bicycle components, electronics stripped of copper. ■ Contaminated: Items used for hygiene or that may present a biohazard risk. For example: bandages, hairbrushes,toothbrushes, undergarments, washcloths. ■ Dirty or Soiled: Items that are stained with bodily fluids, mud or infested with bed bugs, fleas, lice or rodents. For example: clothing, mattresses, sleeping bags. ■ Explosive or Hazardous: Items that may corrode or burn if stored. For example: batteries, gasoline,propane tanks. ■ Obvious Trash: ■ Perishable: Items that may spoil or rot if stored. For example: opened food or beverage containers. ■ Controlled Substances or Weapons: Service Provider must notify Huntington Beach Police Department immediately of any actual or perceived controlled substances, and weapons. APPENDIX A REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E-Mail Address: Phone: Fax: Contact Person for Proposals: Title: E-Mail Address: Business Telephone: Business Fax: Is your business: (check one) ❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 1 of 2 Names&Titles of Corporate Board Members (Also list Names &Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Federal Tax Identification Number: City of Huntington Beach Business License Number: (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 2 of 2 APPENDIX B Homeless Encampment BID/COST QUOTE FORM 1. Bid/Cost to provide comprehensive Homeless Encampment Cleanup Services per the Scope of Services described(to include but not limited to all labor,materials, supplies, equipment, vehicles, etc.) in this RFQ, Section#3 Scope of Services. Annual Cost In Numerical Annual Cost In Words Figures 2. Bid/Cost to provide Special Event Homeless Encampment Services (four separate events) as described in this RFQ,#3 Scope of Services. Per-Event Cost In Numerical Per-Event Cost In Words Figures Annual Event Cost In Numerical Annual Event Cost In Words—Based On Four(4) Figures—Based On Four(4) Events Events TOTALS: Total/Combined Annual Cost For#1 and #2 In Numerical Total/Combined Annual Cost For#1 and #2 In Figures-Based on Four (4) Words—Based On Four (4) Events Events 3. OPTIONAL -ADDITIONAL SERVICE RATES (for As-Needed Services)* Regular Hourly Rate For An Additional Lead Worker Regular Hourly Rate For An Additional Worker Regular Hourly Rate For Power Washing Hourly Rate For Afterhours Emergency 2-Hour Response *City does not guarantee the need for any additional services. EXHIBIT B MCS MUNICIPAL CONTRACT SOLUTIONS Request For Quote(RFQ) Homeless Encampment Clean Up Services A. Vendor Anulication Form and Cover Letter: March 31,2022 To Whom It May Concern: MCS Municipal Contract Solutions,LLC. has been in the Homeless Encampment clean-up services,janitorial,pressure washing, landscaping,maintenance,and employee placement industry for over five years. We assist municipalities to help continue needed services to its residents and visitors,where budget and staff reductions have greatly impacted such cities. We are understanding and cognizant of the fact that the continuation of services to the community are what brand a city.It is with that regard and respect,in which MCS was created to be a seamless handoff between both,a city and its community. This quote is valid for 180 days and will be managed from our offices in Redondo Beach located at 2904 Blaisdell Ave,Redondo Beach,CA,90278. John Fallon is the owner and project manager for this RFQ. He may be reached at 310-922-0499 or iohnfalloli a,mtinicipalcontractsolutions.com. Thank you, - k John Fallon Owner MCS Municipal Contract Solutions LLC. JOHNFALLON@MU NICIPALCONTRACTSOLUTIONS.COM 2904 BLAISDELL AYE REDONDO BEACH CA 90278 310-922-0499 Homeless Encampment BID/COST QUOTE FORM 1. Bid/Cost to provide comprehensive Homeless Encampment Cleanup Services per the Scope of Services described(to include but not limited to all labor,materials, supplies, equipment, vehicles, etc.)in this RFQ, Section 43 Scope of Services. Annual Cost In Numerical Annual Cost In Words Figures $192,000 One hundred ninety-two thousand 2. Bid/Cost to provide Special Event Homeless Encampment Services(four separate events)as described in this RFQ,#3 Scope of Services. Per-Event Cost In Numerical Per-Event Cost In Words Figures $0.00 Zero Annual Event Cost In Numerical Annual Event Cost In Words—Based On Four(4) Figures—Based On Four(4) Events Events $0.00 Zero TOTALS: Total/Combined Annual Cost For#1 and#2 In Numerical Total/Combined Annual Cost For#1 and#2 In Figures-Based on Four(4) Words—Based On Four(4)Events Events $192,000 One hundred ninety-two thousand 3. OPTIONAL-ADDITIONAL SERVICE RATES (for As-Needed Services)* Regular Hourly Rate For An Additional Lead $30.00 Worker $25.00 Regular Hourly Rate For An Additional Worker $55.00 Regular Hourly Rate For Power Washing Hourly Rate For Afterhours Emergency 2-Hour $95.00 Response *City does not guarantee the need for any additional services. DATE(MM1OD/YYYY) AC V CERTIFICATE OF LIABILITY INSURANCE 02l03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(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 certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER John Forbes Farmers Agenty NAME,CT John Forbes 234 S Pacific coast Hwwyy#20d PHONE 310.356.0730 FAC 310.358.OT31 Redondo Beach CA 90277 -- ADDRESS: jforb(i8@farmersagent.com INSURER(0)AFFORDING COVERAGE NAIC M INSURERA:HISCOX 10200 INSURED MCS Municipal Contract Solutions LLC INSURER a:Farmers Insurance Exchange 21852 2904 Blaisdell Ave Mid CenturyInsurance Company 21867 Redondo Beach CA 90278 INSURERC: p y INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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. INSR TYPE OF INSURANCE AOOLISUOfl POLICYEFf POLICYEXP LIMITS LTRPOi.tCYNUMBER IO T MERCIALGENERALLIABILITY 1I EACH OCCURRENCE S1r000,000 CMMS-MADE ✓❑OCCUR DAMAGE R MISES(EaEoccuErrence) $100,000 A P100.023.011.6 o110u2022 0110112023 MEOEXP(Any one porson) Ot000 PERSONAL A ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES MR: GENERAL AGGREGATE $2,000,000 ✓ POLICY❑JEST LOC PRODUCTS-COMPIOPAGO s OTHER: $ AUTOMOBILE LIABILITYLi IN D SINGLE 1 $1,000,000 ANYAUTO 606782341APPRovEDAS (Eae«WeM) 02113/2023 BODILYINJURY(Porpww) s OWNED SCHEDULED BODILY INJURY(Per cocidont) S AUTOS ONLY AUTOS AU OS ONLY AUTED N OS ONLY BY: :�2 {Pe?"1)AMNGE S M AEL . $ UMBRELLA UAD HOCCUR C1lY OF Hl3NTTNG ON BEACH EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED M RETENTIONS S WORKERS COMPENSATION ✓ STATUTE OT AND EMPLOYERS'LIABILITY C ANYPROPRIETORIPARTNER/EXECUTIVE YIN A09513147 U410712022 04107l2023 E.L.EACH ACCIDENT ER $1,000,000 OFFICE RMIEMBEREXCLUDEO? Y NIA (MMwstory In NMI E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes desrnTn undw DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 a;a DESCRIPTION OF OPERATIONS J LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more spats Is required) Certificate Holder as Additional Insured: The City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers 2000 Main Street Huntington Beach,CA 92048 CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 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. AUTHORtZEO REPRESENTATIVE John Forbes 01988.2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Produced using Forms boss Web aoftwaro.www.Formsaoss.COm;?Impressive Publishing 800.208.1977