Lemon Grove City Council
February 7, 2023

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.A
Meeting Date: February 7, 2023
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Kristen Steinke, City Attorney
Item Title: Waive the Full Text Reading of all Ordinances Summary: Waive the full text reading of all ordinances included in this agenda.

Ordinances shall be introduced and adopted by title only.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.B
Meeting Date: February 7, 2023
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Joseph Ware, Finance Director
[email protected]
Item Title: City of Lemon Grove Payment Demands
Recommended Action: Ratify Demands.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

City of Lemon Grove Demands Summary
Approved as Submitted:

Joseph Ware, Finance Director ACH/AP Checks 01/05/23-01/27/23 1,570,873.22 For Council Meeting: 02/07/23
Payroll - 01/10/23 154,039.40
Payroll - 01/24/23 129,931.04
Total Demands 1,854,843.66
CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
ACH 11/23/2022 Wells Fargo 01/05/2023 AT&T - Backup City Hall Internet- 11/23/22-12/22/22 85.60 4,017.32 11/11/2022 Cox - Calsense Modem Line: 2259 Washington 11/11/22-12/10/22 27.19 11/1/2022 Cox - Calsense Modem Line: 7071 Mt Vernon/Berry St Pk 11/1/22-11 27.19 11/9/2022 Cox - Calsense Modem Line: 8235 Mt Vernon/Berry St Pk 11/9/22-12 80.39 11/19/2022 Cox - Phone/PW Yard/2873 Skyline- 11/19/22-12/18/22 213.78 11/1/2022 Cox - Phone/City Hall 11/1/22-11/30/22 806.32 10/30/2022 Cox - Internet/Comm Ctr- 10/30/22-11/29/22 110.39 11/18/2022 Cox - City Manager Fax Line- 11/18/22-12/17/22 4.16 11/1/2022 Cox - MainPhone/Fire 11/1/22-11/30/22 483.63
10/27/2022 Cox - City Hall Fire Alarm 10/27/22-11/26/22 92.93 11/7/2022 Cox - PEG Circuit Svc- 11/7/22-12/6/22 160.70 11/4/2022 Cox - Phone/Internet/Rec Ctr/3131 School Ln- 11/4/22-12/3/22 343.33 8002659906 Shredit - Shredding Service 10/27/22 106.20
8002856984 Shredit - Shredding Service 11/17/22 446.19
9919678923 Verizon - Modems - Cardiac Monitors - 10/4/22-11/3/22 42.12 9920443638 Verizon - City Phone Charges- 10/13/22-11/12/22 478.68 9920443639 Verizon - PW Tablets- 10/13/22-11/12/22 181.36 Fire-9918634224 Verizon - MDC Engine Tablets- 9/21/22-10/20/22 396.86 CB 121322 Wells Fargo - Cash Back Award Stmt 12/13/22 -69.70 ACH Dec22 Sedgwick Claims Management Services, Inc. 01/05/2023 CLG Workers Comp Claims - Dec'22 1,626.49 1,626.49 ACH Jan 2023 Pers Health 01/05/2023 Pers Health Insurance - Jan23 58,083.69 58,083.69 ACH Refill 1/5/23 Pitney Bowes Global Financial Services LLC 01/06/2023 Postage Usage 1/5/23 250.00 250.00 ACH 14130035 LEAF 01/10/2023 Ricoh C3502 Copier System-PW Yard - Dec'22 138.27 138.27 ACH Nov30-Dec27 22 California Public Empl Retirement System 01/11/2023 Pers Retirement 11/30/22-12/27/22 65,771.60 65,771.60 ACH Dec22-CC Wells Fargo 01/12/2023 Credit Card Processing-Mo.Svc - Dec'22 9.95 865.48 Dec22-CC Credit Card Transaction Fees- Dec'22 855.53
ACH 262581 Aflac 01/12/2023 AFLAC Insurance 1/12/23 1,561.06 1,561.06 ACH Dec22 Home Depot Credit Services 01/12/2023 Home Depot Charges - Dec'22 1,948.49 1,948.49 ACH Jan10 23 Employment Development Department 01/12/2023 State Taxes 1/10/23 11,129.45 11,129.45 ACH Dec28-Jan10 23 Calpers Supplemental Income 457 Plan 01/17/2023 457 Plan 12/28/22-01/10/23 5,620.71 5,620.71 ACH Nov22 San Diego County Sheriff's Department 01/17/2023 Law Enforcement Services - Nov'22 569,711.01 569,711.01 ACH 86329563 WEX Bank 01/17/2023 Fuel - Fire Dept - Dec'22 2,789.94 2,789.94 ACH Jan10 23 US Treasury 01/17/2023 Federal Taxes 1/10/23 36,094.13 36,094.13 ACH 2186905 US Bank-Corporate Trust Services 01/19/2023 2019A Tax Allocation Refunding Bond 52,800.00 340,002.35 2186906 2019B Tax Allocation Refunding Bond 191,996.72
2186902 2014 Tax Allocation Bond 95,205.63
ACH 4801 Yiftee, Inc 01/24/2023 Buy One Get One Gift Cards - Phase 2 25,000.00 25,000.00 ACH Refill 1/23/23 Pitney Bowes Global Financial Services LLC 01/24/2023 Postage Usage 1/23/23 250.00 250.00 ACH Jan24 23 Employment Development Department 01/26/2023 State Taxes 1/24/23 7,345.46 7,345.46 ACH Jan11-Jan24 23 Calpers Supplemental Income 457 Plan 01/27/2023 457 Plan 01/11/23-01/24/23 5,620.71 5,620.71 16688 40116 A Aaron Lock & Key 01/11/2023 Lock Repair - Sheriff Stn 163.92 163.92 16689 7811 Aguirre & Associates 01/11/2023 San Miguel Map Check - Nov'22 637.50 1,650.00 7812 Bonita Map Check - Nov'22 1,012.50
16690 1PMJ-V11G-1CTQ Amazon Capital Services, Inc. 01/11/2023 Electric Bug Zappers 79.72 366.26 1V3N-L3YD-QV6K Batteries 29.07
1WLK-K4W7-JNDD 32GB Extreme Compact Flash Memory Cards 257.47 16691 46220 Anita Fire Hose Company Etc 01/11/2023 6 Year Fire Extinguisher Maintenance - Fire Stn 51.64 51.64 CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
16692 L2318 Aztec Landscaping Inc 01/11/2023 Irrigation Repair - LG Park 422.05 422.05 16693 6177005 Bob Stall Chevrolet 01/11/2023 LGPW#28 '08 Chevy Colorado - Replace Broken Door Handle 282.12 282.12 16694 Brown, Blanca L Brown, Blanca Lopez 01/11/2023 Refund/Brown, Blanca Lopez/Candidate Stmt Filing Fee- 8/8/22 678.00 678.00 16695 25023 City of La Mesa 01/11/2023 Overtime Reimbursement - Doig 11/2/22 1,711.38 17,529.45 25023 Overtime Reimbursement - Kenyon 10/28/22 1,263.21 25023 Overtime Reimbursement - Kleist 10/31/22 1,711.38 25023 Overtime Reimbursement - Lopez 11/3/22 1,517.04
25023 Overtime Reimbursement - Nenow 11/3/22 1,392.90
25023 Overtime Reimbursement - Provence 11/8/22 1,392.90 25023 Overtime Reimbursement - Provence 11/10/22 1,392.90 25024 Overtime Reimbursement - Kenyon 11/23/22 1,263.21 25024 Overtime Reimbursement - Kleist 11/19/22 1,711.38 25024 Overtime Reimbursement - Roraff 11/11/22 1,392.90 25024 Overtime Reimbursement - Ruiz 11/13/22 1,263.21
25024 Overtime Reimbursement - Tasco 11/12/22 1,517.04
16696 3173 Clark Telecom & Electric Inc. 01/11/2023 Street Light Repairs - Nov'22 3,043.26 3,269.03 3204 Street Light Dig-Alert Markouts - Nov'22 225.77
16697 SD10025FY22 County of San Diego- Vector Control Program 01/11/2023 Mosquito & Vector Control Assessment SD 10025 FY22 14.64 295.03 SD10025FY23 Mosquito & Vector Control Assessment SD 10025 FY23 14.64 SD10199FY23 Mosquito & Vector Control Assessment SD 10199 FY23 265.75 16698 7416 D- Max Engineering Inc 01/11/2023 D-Max Stormwater Prof Svcs 7/1/22-8/31/22 10,443.57 21,838.60 7467 D-Max Stormwater Prof Svcs 9/1/22-9/30/22 10,380.03 7596 7051 Casa Ln SWQMP Review 11/3/22-12/16/22 1,015.00 16699 1227229905 Domestic Uniform Rental 01/11/2023 Shop Towels & Safety Mats 12/27/22 53.10 53.10 16700 18079 Eagle Paving Company, Inc 01/11/2023 CUPCCA #2202-03 FY21-22 Street Rehab Project.Var Locs thru 10/5/22 82,147.98 82,147.98 16701 INV1024683 George Hills Company 01/11/2023 TPA Claims- Adjusting/Other Services - Dec'22 217.50 217.50 16702 010523 Harrington, Deborah 01/11/2023 Reimb: Floral Arrangements- Employee Appreciation Event 12/22/22 103.92 103.92 16703 SS000232460 Hawthorne Machinery Co 01/11/2023 Equip Repair - Skidsteer- Replace Work Tool Harness 886.15 1,911.35 SS000232479 Equip Repair - Backhoe 420E- Repair Hoses/Lines 1,025.20 16704 10/25/22-12/22/22 Helix Water District 01/11/2023 Water Services- 10/25/2212/22/22 20,602.35 20,633.07 11/30/22-12/28/22 Water Svc -FH#313300 3232 Main 11/30/22-12/28/22 30.72 16705 Heredia Heredia,Jessica 01/11/2023 Refund/Heredia, Jessica/Candidate Stmt Filing Fee - 8/8/22 678.00 678.00 16706 15519 Infrastructure Engineering Corporation 01/11/2023 Prof Svc: Vista Azul 11/1/22-11/30/22 148.00 1,054.00 15520 Prof Svc: 8373 Broadway 11/1/22-11/30/22 453.00
15521 Prof Svc: 7946 Broadway 11/1/22-11/30/22 453.00
16707 1787 Janazz, LLC SD 01/11/2023 IT Services- City Hall- Dec'22 2,500.00 2,930.00 1790 Dell OptiPlex 7040 Desktop & Intel Processor 430.00 16708 155067 Knott's Pest Control, Inc. 01/11/2023 Monthly Bait Stations- Civic Ctr- Dec'22 60.00 120.00 155066 Monthly Bait Stations- Sheriff- Dec'22 60.00
16709 20220 Lemon Grove Car Wash, Inc. 01/11/2023 Smog - LGPW#17 '99 Ford F350 - 11/21/22 69.75 69.75 16710 40013217 Maneri Sign Co., Inc. 01/11/2023 Street Sign/Retirement Gift - Jones 89.78 89.78 16711 Mendoza Mendoza, Jennifer 01/11/2023 Refund/Mendoza, Jennifer/Candidate Stmt Filing Fee- 8/3/22 678.00 678.00 16712 1/10/23 MissionSquare 01/11/2023 Deferred Compensation PPE 1/10/23 780.77 780.77 16713 PD-52674 Plumbers Depot Inc 01/11/2023 Sewer Camera- Replace Fin/Back Plate/Seals 719.20 719.20 16714 INV00066384 RapidScale Inc. 01/11/2023 Virtual Hosting/Back Up Svc/Cloud Storage/Svr 12/31/22-1/30/23 4,358.42 4,358.42 16715 32759104 RCP Block & Brick, Inc. 01/11/2023 Trowels 39.81 102.15 32759453 Fast Setting Concrete Mix 62.34
16716 156210PS SCA of CA, LLC 01/11/2023 Street Sweeping/Parking Lot - Nov'22 5,449.82 5,449.82 16717 11/19/2022 SDG&E 01/11/2023 3225 Olive- 11/19/22-12/20/22 199.48 5,387.85 12/27/2022 3410 Washington St- 11/23/22-12/22/22 76.73
12/22/2022 3500 1/2 Main- 11/19/22-12/20/22 200.06
3568860625/0123 Electric Usage:St Light 12/1/22-12/31/22 1,995.53 4154920380/0123 Electric Usage:St Light 12/1/22-12/31/22 2,916.05 16718 Snow Snow, Alysson 01/11/2023 Refund/Snow, Alysson/Candidate Stmt Filing Fee - 8/4/22 678.00 678.00 16719 81969 Southwest Signal Service 01/11/2023 Traffic Signal Service Calls - Nov'22 13,006.38 13,978.26 81970 Bi-Monthly Traffic Signal Maintenance - Nov'22 971.88 CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
16720 SW-0247658 State Water Resources Control Board 01/11/2023 Annual Permit Fee - Water Discharge Requirement 7/1/22-6/30/23 17,666.00 21,119.00 WD-0218089 Annual Permit Fee - Water Discharge Requirement 7/1/22-6/30/23 3,453.00 16721 121938888-012 Sunbelt Rentals Inc. 01/11/2023 Equip Rental - Post Shore - Senior Ctr 11/24/22-12/21/22 127.97 657.22 133492378-0001 Equip Rental - 45' Art Manlift with Jib - Holiday Ornaments 529.25 16722 CINV-026317 Trusaic 01/11/2023 2023 ACA Basic Plus Svcs - Initial Deposit 1,500.00 1,500.00 16723 22-2301851 Underground Service Alert of SC 01/11/2023 State Fee/Regulatory Monthly Costs/Dig Alert 2021 35.10 70.20 22-2302244 State Fee/Regulatory Monthly Costs/Dig Alert 2021 35.10 16724 1120220397 Underground Service Alert/SC 01/11/2023 44 New Ticket Charges - Nov'22 87.00 195.00 1220220387 56 New Ticket Charges - Dec'22 108.00
16725 STMT 11/22/2022 US Bank Corporate Payment Systems 01/11/2023 Bathroom Exhaust Fan/Light Assembly/Light Bulbs - Fire 131.15 9,127.49 STMT 11/22/2022 3000 Sandbags 1,260.00
STMT 11/22/2022 Water Bottles - Council Meetings 8.18
STMT 11/22/2022 Comm Specialist/Buffer Plan 36.00
STMT 11/22/2022 UT Subscription - Digital 116.00
STMT 11/22/2022 Lodging/CalPERS Conf/Anaheim/Hidalgo 10/31/22-11/3/22 802.21 STMT 11/22/2022 Lunch/Interview Panel/Sr Mgt Analyst 11/9/22 163.12 STMT 11/22/2022 Supplies - PW Streets 17.19
STMT 11/22/2022 Tire - LGPW#16 '14 Ford F150 50.00
STMT 11/22/2022 Safety Harnesses - Holiday Decoration Setup 321.18 STMT 11/22/2022 Supplies/Bonfire 12/2/22 3,000.75
STMT 11/22/2022 Supplies/Trunk or Treat 224.80
STMT 11/22/2022 Supplies/Daycamp 20.77
STMT 11/22/2022 Fee/Recorded Documents 8.05
STMT 11/22/2022 Zoom Subscription - Online Mtgs 93.99
STMT 11/22/2022 Virtual Time App - City Mtgs 19.99
STMT 11/22/2022 Replace Electrical Breaker - Sheriff Stn 595.28 STMT 11/22/2022 Tree - Knock-Down Replacement - Golden Ave 116.20 STMT 11/22/2022 Lodging/CalPERS Conf/Anaheim/Ware 10/31/22-11/3/22 782.34 STMT 11/22/2022 Lodging/MMASC Conf/Rancho Mirage/Murguia 11/2/22-11/5/22 496.04 STMT 11/22/2022 Training Lunch/Confined Space Training 11/15/22 254.38 STMT 11/22/2022 ANSI Class 3 Jackets 609.87
16726 6773050 US Bank- Corporate Trust Services 01/11/2023 Admin Fees- 2019 Refunding Bonds 12/1/22-11/30/23 2,760.00 2,760.00 16727 81394722 Waxie Sanitary Supply 01/11/2023 Janitorial Supplies 3,027.84 3,027.84 16728 0001657886-IN WEX Health, Inc. 01/11/2023 COBRA - Monthly/Dec'22 85.00 85.00 16729 E6677 A-Pot Rentals, Inc. 01/18/2023 Portable Restroom Rental - Community Bonfire 12/2/22-12/5/22 470.87 470.87 16730 Feb 2023 California Dental Network Inc 01/18/2023 California Dental Insurance -Feb'23 215.28 215.28 16731 82160741 Corelogic Solutions, LLC. 01/18/2023 RealQuest Graphics Package - Dec'22 300.00 300.00 16732 23CTOFLGN06 County of San Diego- RCS 01/18/2023 800 MHZ Network - Dec'22 1,767.00 1,767.00 16733 433192/FY23 CWEA 01/18/2023 CWEA Membership FY23- Rubio 202.00 202.00 16734 0622.04.0605 Dexter Wilson Engineering, Inc. 01/18/2023 CIP Project Assistance- Jun'22 390.00 390.00 16735 Oct-Dec22 Division of the State Architect 01/18/2023 State CASP Fee ($4) - 10/1/22-12/31/22 168.00 168.00 16736 AR012997 Grossmont Union High School District 01/18/2023 Business Cards 51.00 51.00 16737 74149201 Hawthorne Machinery Co 01/18/2023 Equip Rental - Light Towers - Bonfire 530.17 530.17 16738 22-5245 I Love a Clean San Diego 01/18/2023 ILACSD Recycling Educ Community Outreach Events thru 12/31/22 550.00 550.00 16739 199343 SD East County Chamber of Commerce 01/18/2023 Yiftee Program/Social Media Platform/CEO/Marketing Time -7 Wks 3,150.00 3,150.00 16740 017507522 San Diego Union Tribune 01/18/2023 Ordinance 462 2022 CA Building Stds Code 12/13/22 493.90 493.90 16741 11/19/2022 SDG&E 01/18/2023 Gas & Electric 11/19/22-12/20/22 21,916.71 21,960.81 3601 1/2LG1222 3601 1/2 LGA-11/19/22-12/20/22 44.10
16742 8068755034 Staples Advantage 01/18/2023 Office Supplies - City Hall 293.60 293.60 16743 134005317-0001 Sunbelt Rentals Inc. 01/18/2023 Propane 25.01 25.01 16744 2681 1/2 LGA SDG&E 01/18/2023 2681 1/2 LGA- Installation 361.00 361.00 16745 316507 Ace Uniforms & Accessories, Inc 01/25/2023 Uniforms - Fire Inspector 586.12 586.12 16746 L1072895XA American Messaging 01/25/2023 Pager Replacement Program 1/1/23-1/31/23 51.22 51.22 16747 12/13/2022 AT&T 01/25/2023 Phone Service 12/13/22-1/12/23 97.96 144.36 Fire- 19250134 Fire Backup Phone Line- 11/22/22-12/21/22 46.40 16748 23012010 California Municipal Statistics, Inc. 01/25/2023 Direct & Overlapping Debt Statement FY22 550.00 550.00 CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
16749 5607-Dec City of Chula Vista 01/25/2023 Animal Control Services- Dec'22 25,104.00 77,966.92 5607-Dec Animal Control Vehicle Lease Agrmt - Dec'22 650.00 5607-Dec After Hours Calls- Dec'22 391.64
5607-Dec Credit/Impound Fees/Animal Control Services- Dec'22 -250.00 5607-Nov After Hours Calls- Nov'22 783.28
5607-Nov Animal Control Services- Nov'22 25,104.00
5607-Nov Credit/Impound Fees/Animal Control Services- Nov'22 -100.00 5607-Nov Animal Control Vehicle Lease Agrmt - Nov'22 650.00 5607-Oct Credit/Impound Fees/Animal Control Services- Oct'22 -120.00 5607-Oct Animal Control Services- Oct'22 25,104.00
5607-Oct Animal Control Vehicle Lease Agrmt - Oct'22 650.00 16750 459 City of El Cajon 01/25/2023 Overtime Reimbursement - Erickson 11/19/22 1,301.96 6,512.86 459 Overtime Reimbursement - Lopez 11/19/22 1,301.96
459 Overtime Reimbursement - Padilla 11/15/22 1,239.98
459 Overtime Reimbursement - Shaba 11/17/22 1,334.48
459 Overtime Reimbursement - Shaba 11/25/22 1,334.48
16751 1000347643 City of San Diego 01/25/2023 Fuel Services-PW: Dec'22 1,771.14 1,771.14 16752 2556 Communications Equipment Co 01/25/2023 Troubleshooting Connectivity Issues - City Hall 165.00 165.00 16753 202257975 County of San Diego/Assessor/Recorder 01/25/2023 Recording Services- 12/29/22 95.00 95.00 16754 202301190743 DFA- Actuaries, LLC 01/25/2023 Prof Svcs: GASB 75 Supplemental Disclosure FY22 750.00 750.00 16755 0110239905 Domestic Uniform Rental 01/25/2023 Shop Towels & Safety Mats 1/10/23 53.35 53.35 16756 10/10-13/22 EsGil, LLC 01/25/2023 75% Building Fees- 10/10/22-10/13/22 6,822.36 60,288.98 10/17-20/22 75% Building Fees- 10/17/22-10/20/22 12,387.67 10/24-28/22 75% Building Fees- 10/24/22-10/28/22 5,543.25 10/3-6/22 75% Building Fees- 10/3/22-10/6/22 1,662.30
10/31/2022 75% Building Fees- 10/31/22 1,400.55
11/14-17/22 75% Building Fees- 11/14/22-11/17/22 12,263.90 11/21-23/22 75% Building Fees- 11/21/22-11/23/22 275.84 11/28-30/22 75% Building Fees- 11/28/22-11/30/22 11,165.87 11/7-10/22 75% Building Fees- 11/7/22-11/10/22 7,393.54 12/1/22 75% Building Fees- 12/1/22 1,373.70
16757 HS-5607-0025 Home Start, Inc. 01/25/2023 LG Homeless Outreach - Dec'22 9,370.56 9,370.56 16758 22-190-1 Ink Electric, Inc. 01/25/2023 Air Compressor Circuit/Lemon Grove Fire Station #10 Final 1,850.00 1,850.00 16759 152 Kate & Faces 01/25/2023 Facepainting - Eggstravaganza 4/8/23 300.00 300.00 16760 1/24/23 MissionSquare 01/25/2023 Deferred Compensation PPE 1/24/23 780.77 780.77 16761 267059 Ninyo & Moore 01/25/2023 FY21-22 Street Rehab Project/Prof Svcs thru 9/30/22 4,023.00 4,518.00 268018 FY21-22 Street Rehab Project/Prof Svcs thru 10/28/22 495.00 16762 22-216 PSC Investigations 01/25/2023 Prof Svcs: Pre-employment Background Ck 2,500.00 2,500.00 16763 GC0009526 Quality Code Publishing LLC 01/25/2023 Supplement Service- LG Municipal Code 1,735.60 1,735.60 16764 Jan 12 Southern CA Firefighters Benefit Trust 01/25/2023 LG Firefighters Benefit Trust 1/12/23 784.55 1,569.10 Jan 26 LG Firefighters Benefit Trust 1/26/23 784.55
16765 PB2960 SWARCO McCain Inc 01/25/2023 Prof Svc: Traffic Signal 1,500.00 1,500.00 16766 106556-2 Vinyard Doors, Inc. 01/25/2023 Repair - Fire Bay Door #2 1,399.52 1,830.67 106622 Repair - Fire Bay Doors #2 & 5 431.15
1,570,873.22 1,570,873.22

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.C
Meeting Date: February 7, 2023
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: [email protected]
Item Title: Approval of City Council Meeting Minutes
Recommended Action: Approval of City Council Meeting Minutes of Regular Meetings held March 1, 2022, and January 17, 2023.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

MINUTES OF THE REGULAR MEETING

OF THE LEMON GROVE CITY COUNCIL
Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
TUESDAY, JANUARY 17, 2023 at 6:00 PM
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.

Call To Order:

Mayor Vasquez called the Regular City Council Meeting to order at 6:00 pm

Present:

Mayor Vasquez, Mayor Pro Tem George Gastil, Councilmember Jennifer Mendoza, Councilmember Liana LeBaron and Councilmember Alysson Snow.

Absent: None.

Staff Members Present:

Lydia Romero, City Manager, Kristen Steinke, City Attorney, Brent Koch, Fire Chief, Patrick McEvoy, San Diego Sheriff’s Lieutenant, Izzy Murguia Public Works Director and Deborah Harrington, Interim City Clerk.

Pledge of Allegiance:

Led by Mayor Pro Tem Gastil.

Changes to the Agenda:

Motion by Councilmember LeBaron to pull the List of Demands from the Consent Calendar.

Motion failed for lack of a second.

Public Comment:

Email Submitted:
• Barbara Gordon
In-Person:
• John Wood
• Steven Swaney
• Jeremy Ogul
• Shane O’Garro
Consent Calendar:

1.A Waive Full Text Reading of All Ordinances on the Agenda.

1.B City of Lemon Grove Payment Demands

1.C Approval of City Council Minutes of Regular Meetings held March 15, 2022 and December 20, 2022 and Workshop Meeting held March 26, 2022.

1.D Accept the FY 2021-22 Street Rehabilitation Project as Complete (Contract No. 2022- 03) and adopt Resolution No. 2023-3924 accepting the FY 2021-2022 Street Rehabilitation Project as complete. (Contract No. 2022-03) Action: Motion by Mayor Pro Tem Gastil, second by Councilmember Snow, to approve the Consent Calendar.

The motion passed by the following vote:

Ayes: Mendoza, Gastil, Snow, Vasquez
Noes: LeBaron

Absent: None
City of Lemon Grove Minutes January 17, 2023
2 Report(s) to Council:

Lemon Grove Sanitation District

2. Five Year Sewer Rate Study
Report presented by Izzy Murguia, Public Works Director and Karen Johnson, Consultant.

Public Comment:

Email Submitted: None
In-Person: Leonard Kottong

City Council provided questions/comments of staff.

Public Works Director Murguia reviewed the timeline for the approval process.

City Manager noted information regarding the residential flow based system will be brought forward in the future.

Report(s) to Council:

3. Appointment of City Council Members to Committees, Commissions, and Boards City Council provided questions/comments.

Action: Motion by Councilmember Mendoza, second by Councilmember Gastil, to ratify the Mayor’s Committees, Commissions, and Boards assignments for City Council Members.

The motion passed by the following vote:

Ayes: Mendoza, Gastil, Snow, Vasquez
Noes: LeBaron,

Absent: None
City Council Reports on Meetings Attended at the Expense of the City Councilmember LeBaron
• Meeting with residents regarding storm drains
Councilmember Mendoza
• Trash Clean Up Event
• Tobacco Ordinance
Councilmember Snow
• Meeting regarding Homelessness
• Martin Luther King Jr. Event
Mayor Pro Tem Gastil
• Economic Development Meeting
• MTS – next meeting to be attended by Councilmember Mendoza Mayor Vasquez
• League of California Cities African American Caucus Meeting • National Electrical Contractors Meeting
City of Lemon Grove Minutes January 17, 2023
3 • SANDAG Meeting
City Manager Report
• Introduced the New Fire Chief
• Fire Chief provided comments
• Expressed appreciation to the City Public Work and Facilities crews for their outstanding job in the recent rains that cause flooding and fallen trees.

Adjournment
Mayor Vasquez adjourned the meeting at 8:24 p.m. The next regularly scheduled City Council meeting is scheduled to be held on February 7, 2023.

Deborah A. Harrington
Interim City Clerk

MINUTES OF THE REGULAR MEETING

OF THE LEMON GROVE CITY COUNCIL
Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
TUESDAY, MARCH 1, 2022 at 6 PM
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.

Call To Order:

Mayor Pro Tem Jones called the Regular City Council Meeting to order at 6:00 pm

Present:

Mayor Vasquez, Mayor Pro Tem Jerry Jones, Councilmember Jennifer Mendoza, Councilmember Liana LeBaron, and Councilmember George Gastil

Absent: None
Staff Members Present:

Lydia Romero, City Manager, Kristen Steinke, City Attorney, Steve Swaney, Fire Chief, Patrick McEvoy, San Diego Sheriff’s Lieutenant, and Bill Chopyk, Interim Community Development Manager.

Pledge of Allegiance:

Led by Councilmember Gastil.

Changes to the Agenda:

City Manager Romero announced that Councilmember LeBaron requested Item 1.B, City of Lemon Grove Payment Demands, be removed for discussion. This item will be considered as the last item.

Presentation:

Hasan Ikhrata, Chief Executive Officer and Coleen Clementson, Deputy Chief Executive Officer SANDAG presented The San Diego County Regional Plan.

Public Comment:

Email Submitted:
• Doris Mattar and Dan Mattar
In-Person:
• John Wood
• Teresa Rosiak-Proffit
• Richard Gold
• Penny Martinez
• Jeremy Ogul
Consent Calendar:

1.A Waive Full Text Reading of All Ordinances on the Agenda

1.B City of Lemon Grove Payment Demands
Action: Motion by Councilmember Gastil, second by Councilmember Mendoza, to approve the Consent Calendar with the exception of Item 1.B.

The motion passed by the following vote:

Ayes: Vasquez, Gastil, Mendoza, Jones, LeBaron
City of Lemon Grove Minutes March 1, 2022
2 Noes: None

Absent: None
Public Hearing

2. Public Hearing to Consider an Appeal of the Community Development Manager’s Decision to approve Minor Use Permit MUP-210-0007, a Request to Establish Early Separation Findings for a Medical Marijuana Dispensary at 8280 Broadway in the Heavy Commercial Zone
Bill Chopyk, Interim Community Development Manager noted an email was received from Chris Williams, applicant for the Medical Marijuana Dispensary, requesting a continuance of the hearing.

Gina Austin, Appellant representative, stated they were ready to proceed.

Council discussed whether to proceed or postpone.

Motion by Councilmember LeBaron to continue the public hearing to another date. The motion failed for lack of a second.

City Attorney provided instructions on Councilmember disclosures on the public hearing.

Councilmember Mendoza, no disclosures.

Councilmember Gastil, no disclosures.

Councilmember LeBaron, no disclosures.

Mayor Pro Tem Jones, no disclosures.

Mayor Vasquez, no disclosures. Mayor Vasquez provided copies of an email she received from Councilmember LeBaron to persuade her to approve the appeal this evening. She provided copies to the other Councilmembers and City Attorney and asked if there was a conflict of interest.

City Attorney advised Councilmember LeBaron that if she cannot be unbiased she should recuse herself from the hearing.

Councilmember LeBaron stated she had already made her statement.

Report presented by Bill Chopyk, Interim Community Development Manager.

City Council provided questions/comments for staff.

Mayor Vasquez opened the Public Hearing at 7:52 p.m.

Gina Austin, Appellant representative, addressed the City Council. She stated the email by Councilmember LeBaron advocated against her client and requested Councilmember LeBaron recuse herself from this hearing to avoid any further impropriety. This may reflect a bias by Councilmember LeBaron.

City Attorney Steinke asked Councilmember LeBaron to respond on behalf of herself for the record.

Councilmember LeBaron stated she is not biased, is neutral and has no personal or professional conflicts of interest and does not favor one way or the other.

City of Lemon Grove Minutes March 1, 2022
3 Gina Austin addressed the City Council.

City Council provided questions/comments of staff.

Action: Motion by Councilmember Jones, second by Councilmember Mendoza, to continue the hearing to April 5, 2022.

Chris Williams requested to speak on this item. Mayor Vasquez noted a motion is on the floor for continuance.

Mayor Vasquez recessed the City Council Meeting at 8:38 p.m.

Mayor Vasquez reconvened the City Council Meeting at 8:43 p.m.

The motion passed by the following vote:

Ayes: Gastil, LeBaron, Mendoza, Jones, Vasquez
Noes: None

Absent: None
Mayor Vasquez recessed the City Council Meeting at 8:48 p.m.

Mayor Vasquez reconvened the City Council Meeting at 8:53 p.m.

Closed Session(s):

Mayor Vasquez introduced City Attorney Kristen Steinke to recess the meeting into Closed Session.

City Attorney Steinke recessed the meeting into Closed Session at 8:55 p.m. Regarding 1) Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)), Shawn Farson and 2) Rosalinda Legge v. City of Lemon Grove (SDSC Case No.: 37-2020- 00029569-CU-OR-CTL) and Anticipated Litigation (Government Code Section 54956.9(d)(2)- (4))
City Attorney Steinke reconvened meeting from Closed Session at 10:45 p.m. City Attorney Steinke reported 1) No reportable action on existing litigation; and 2) City Council provided direction to staff authorizing investigation of Councilmember LeBaron’s alleged harassment and intimidation toward a city employee who has submitted a claim to the City Attorney’s office.

1.B Pulled Consent Calendar
Mayor Vasquez stated this item will be continued to the next Regular City Council Meeting of March 15, 2022.

Adjournment
Mayor Vasquez adjourned the meeting at 10:50 p.m. The next regularly scheduled City Council meeting is scheduled to be held on March 15, 2022. _______
Deborah A. Harrington, Interim City Clerk
Accept the FY 2020-2021
Street Rehabilitation Project
Page | 1

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.D
Meeting Date: February 7, 2023
Submitted to: Honorable Mayor and Members of the City Council Department: Public Works
Staff Contact: Ed Walton, Contract City Engineer
[email protected]
Item Title: Accept the FY 2020-21 Street Rehabilitation Project as Complete (Contract No. 2021-15)
Recommended Action: Adopt a resolution (Attachment A) accepting the FY 2020-21 Street Rehabilitation Project as complete (Contract No. 2021-15).

Summary: The City Council awarded the FY 2020-21 Street Rehabilitation Project to PAL General Engineering, Inc., on May 18, 2021 with a not-to-exceed total budget of $865,507.

The project consisted of rehabilitation of various City streets. A listing of streets included in this project is shown in Attachment B. Staff completed its final inspection of the improvements and determined the work was completed per the contract plans and specifications.

Discussion: On May 18, 2021, PAL General Engineering, Inc., was awarded the FY 2020- 21 Street Rehabilitation Project with an award amount of $706,616.78, which included the base bid plus an alternative bid item to rehabilitate a section of Skyline Drive. The total notto-exceed project budget is $865,507, which included funds for testing, inspection and project contingencies. There was one change order issued on the project in the amount of $9,087.83 for final quantity adjustments from bid quantities to actual quantities installed.

The final contract amount with PAL General Engineering is $715,704.61. The total project cost including testing and inspection costs is $798,099 and is within the not-to-exceed project budget of $865,507.

Staff recommends that the City Council adopt the attached resolution (Attachment A) and authorize the City Clerk to file a Notice of Completion with the County of San Diego. Filing of the Notice of Completion triggers the start of the 30 day period for all subcontractors and Accept the FY 2020-2021
Street Rehabilitation Project
Page | 2
material suppliers to file stop notices against the contractor for unpaid work. After 30 days, all retention withheld from the contractor will be paid, provided there are no outstanding unpaid invoices from subcontractor or material suppliers.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: Gas Tax, Transnet and General Funds were budgeted in the Fiscal Year 2020-2021 budget.

Public Notification: None.

Staff Recommendation: That the City Council adopts the attached resolution accepting the FY 2o20-21 Street Rehabilitation Project as complete.

Attachments:

Attachment A – Resolution
Attachment B – Listing of rehabilitated streets
Accept the FY 2020-2021
Street Rehabilitation Project
Page | 3
Attachment A
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE, CALIFORNIA, ACCEPTING THE FISCAL YEAR 2020-2021 STREET

REHABILITATION PROJECT AS COMPLETE
WHEREAS, on May 18, 2021, the City Council awarded the Fiscal Year 2020-2021 Street Rehabilitation Project (Contract No. 2021-15) to PAL General Engineering, Inc.; and WHEREAS, the contract amount was established at $706,616.78 with a total project budget not to exceed $865,507; and
WHEREAS, there was one change order issued that increased the original contract price of $706,616.78 by $9,087.83 to a new total of $715,704.61; and WHEREAS, the total cost of the project is within the not-to-exceed budget amount of $865,507 allocated from Gas Tax, TransNet and General Funds; and WHEREAS, on January 19, 2023, PAL General Engineering, Inc. completed the scope of work as defined by the original contract and all change orders; and WHEREAS, City staff inspected all of the improvements and determined that PAL General Engineering, Inc., fulfilled its contractual obligations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby:

1. Accepts the work for the Fiscal Year 2020-2021 Street Rehabilitation Project (Contract No. 2021-15) as complete;

2. Authorizes the City Clerk to file and record the Notice of Completion with the County of San Diego;

3. Authorizes city staff to release the retention in the amount of $35,785.23 no sooner than thirty (30) days after the Notice of Completion is filed;

4. Release the Argonaut Insurance Company Payment Bond in the amount of $706,616 once all stop notices have been cleared and all outstanding invoices have been paid; and

5. Retain the Argonaut Insurance Company Performance Bond for a period of one year.

Accept the FY 2020-2021
Street Rehabilitation Project
Page | 4
Attachment A
PASSED AND ADOPTED on February 7, 2023, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Deborah Harrington, Interim City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney

ATTACHMENT B
Accept the FY 2020-2021
Street Rehabilitation Project
Page | 5
Alternative Awarded: Skyline Drive from Southern City Limits to Canton Drive

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 2.

Meeting Date: February 7, 2023
Submitted to: Honorable Mayor and Members of the City Council Department: Public Works
Staff Contact: Ed Walton, Contract City Engineer
[email protected]
Item Title: Award of Agreement (No. 2023-03) with Sweeping Corp of America for Street Sweeping Services
Recommended Action: Adopt a resolution (Attachment A) awarding an agreement with Sweeping Corp of America (SCA) for street sweeping services and authorize the City Manager to execute the necessary documents.

Summary: A Request for Proposal (RFP) was advertised to provide street sweeping services on November 15, 2022. Proposals were due on December 15, 2022. The City received one proposal, which was submitted by SCA. The proposal included sweeping commercial streets twice a month, residential streets once a month, City owned parking lots once a month and responding to citizens’ inquiries. SCA proposes to provide these services at the following rates:

Type Unit Frequency Monthly Rate Annual Rate
Commercial 8.1 miles 2 x month $1,161.54 $13,938.48
Residential 36.09 miles 1 x month $2,587.65 $31,051.84
Parking Lots 116,300 SF 1 x month $523.35 $6,280.20
Phone Calls Lump Sum Est. 30/month $150.00 $1,800.00
Total $4,422.54 $53,070.48
Discussion: The City’s agreement with SCA (formerly Cannon Pacific) for street sweeping and power washing services expired on June 30, 2022. Staff attempted to negotiate an extension with SCA, but was not able to agree on terms. SCA has been operating on a month-to-month basis for street sweeping at a cost of $5,449.82 per month. Since the City was not able to negotiate a long term agreement, a RFP was issued to ensure street sweeping services are being provided at a competitive price. SCA was the only company to submit a proposal. The limited RFP response is not unexpected as it appears SCA is the only company in the region providing these services.

It should be noted the list of streets included in this agreement has been updated and includes all commercial street, residential streets with curbs and City owned parking lots.

Privately owned streets are not included in the street sweeping agreement. Power washing is also not included in this agreement and will be contracted with a different vendor.

Street sweeping is one of the most important best management practices used to reduce pollutants from entering the MS4 (Municipal Separate Storm Sewer System). This is identified in the City’s JRMP (Jurisdictional Runoff Management Program). In addition to the reduction of pollutants entering the City’s storm sewer system, street sweeping also helps with the overall appearance of the City.

To ensure the City is getting the best value possible for street sweeping services, it is recommended that staff continue to work with neighboring agencies to explore possibilities of combined street sweeping, either privately contracted or provided inhouse. Other agencies have also found that SCA is the only company in the region providing street sweeping services and this virtual monopoly may be leading to noncompetitive pricing and a desire to look into a regional street sweeping effort. While this effort is occurring, it is important to move forward with securing street sweeping services to ensure the City is continuing efforts to remove pollutants from the storm sewer system to the maximum extent practical.

Staff recommends that the City Council adopt the attached resolution (Attachment A) and award an agreement to SCA for street sweeping services as detailed in the RFP (Attachment C) and SCA’s response to the RFP. The term of the agreement will be one (1) year beginning March 1, 2023 through February 29, 2024 and may be extended for up to four (4) one-year terms.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: There are sufficient funds currently available in the Fiscal Year 2022- 2023 Budget (Fund 01 and Fund 15) to award the agreement with SCA. Funds for subsequent fiscal years will be included in the annual budget process for Council consideration. A petition for reimbursement will be made through the State Water Resources Control Board, National Pollutant Discharge Elimination System for any qualifying expense.

Public Notification: None.

Staff Recommendation: Adopt a resolution (Attachment A) awarding an agreement with SCA for street sweeping services and authorize the City Manager to execute the necessary documents.

Attachments:

Attachment A – Resolution
Attachment B – Agreement
Attachment C –RFP for Street Sweeping Services
Attachment A
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,

CALIFORNIA, AWARDING AN AGREEMENT TO SWEEPING CORP OF

AMERICA FOR STREET SWEEPING SERVICES
WHEREAS, street sweeping is an important best management practice (BMP) in preventing pollutants from entering the MS4; and
WHEREAS, street sweeping has been identified as the most important BMP in the adopted Jurisdictional Runoff Management Program; and WHEREAS, an Request for Proposals was publicly advertised on November 15, 2022 with proposals being due to the City by December 15, 2022; and WHEREAS, Sweeping Corp of America was the only company that submitted a proposal; and
WHEREAS, Sweeping Corp of America’s proposal is similar to cost for sweeping services of other agencies in the region that contract out for street sweeping.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby:

1. Awards an agreement for street sweeping services to Sweeping Corp of America; and

2. Authorizes the City Manager or her designee to execute said agreement documents.

PASSED AND ADOPTED on February 7, 2023, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Deborah Harrington, Interim City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney

CITY OF LEMON GROVE

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 7th day of February, 2023, by and between the CITY OF LEMON GROVE (hereinafter referred to as "City") and Sweeping Corp of America (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform street sweeping services for the City (Project); and
WHEREAS, Contractor is a(n) sweeping services Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed 1 by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Lemon Grove. Contractor shall at all times comply with the terms of the 2 Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
“Contractor” means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

DISCLOSURE DETERMINATION:

1. Contractor/Contractor will not be “making a government decision” or “serving in a staff capacity” as defined in Sections A and B above.

No disclosure required.

2. Contractor/Contractor will be “making a government decision” or “serving in a staff capacity” as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Lemon Grove in a timely manner as required by law.
_________________________________________________
Department Director
3 10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent Contractor and shall not be an employee of the City of Lemon Grove. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor’s negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. 4 (b) For Claims alleged to arise from Contractor’s negligent performance of professional services, Indemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless Indemnitees from and against, any and all Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, subContractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor’s professional services, Contractor’s defense obligation to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys’ fees to the extent caused by Contractor’s negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor’s obligations under this Agreement, including but not limited to Contractor’s Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor’s performance 5 its obligations under this Agreement, including but not limited to Contractor’s Scope of Services.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Lemon Grove projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys’ Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit “A” hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys’ fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
6 22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor.

No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.

24. Certification and Indemnification Regarding Public Employees’ Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees’ Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit “B.” Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. 7 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF LEMON GROVE SWEEPING CORP OF AMERICA
By: __________________________ By: _______________________________ Lydia Romero, City Manager Tony Cincotta, Regional Vice President Date: ________________________ Date: ____________________________ ATTEST:

Deborah Harrington, Interim City Clerk
APPROVED AS TO FORM:

By: _________________________________
Kristen Steinke, City Attorney
8 SPECIAL PROVISIONS
EXHIBIT “A”
A. Scope of Services.

Contractor agrees to perform professional services as required by City, which shall consist of the street sweeping services further described in the Scope of Services submitted with the proposals dated December 15, 2022, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.

Contractor shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated December 15, 2022, which are included in this document as Attachment 2. Total fee is not to exceed $53,070.48. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

This Agreement shall be effective from the period commencing March 1, 2023, and ending February 29, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to four additional one-year periods upon approval in writing of the City Manager and Contractor.

Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premisesoperations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the 9 endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Lemon Grove and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Contractor:

City of Lemon Grove
3232 Main Street
Lemon Grove, CA 91945
Sweeping Corp of America
285 Pawnee St., Ste. A
San Marcos, CA 92078
10 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Agreement has been awarded shall sign the following certificate and shall submit same to the City of Lemon Grove prior to performing any work on the Agreement:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." Contractor
By:

Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
**TO BE SUBMITTED WITH EXECUTED AGREEMENT**
11 ATTACHMENT 1
12 13
14 15
16 17
18 19
20 21
22 23
24 PROPOSAL FORMS
To the City of Lemon Grove, herein called the "City" for Street Sweeping Services to be provided to said City:

Pursuant to and in compliance with the Request for Proposals (RFP) and in accordance with the Specifications contained herein, the undersigned proposing Contractor, having become familiarized with the terms of the agreement, plans, specifications, and addenda, hereby proposes and agrees to perform, within the time stipulated, the agreement, including all of its component parts, and everything required to be performed, all in strict conformity with the plans and specifications and other agreement documents, including all addenda for the sums set for the sites listed herein; It is understood and agreed that the agreement amount includes all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies between numbers of the bid amount and the words stating the amount, the words shall govern over numbers:

IN COMPLIANCE with the Notice, Specifications, and special provisions hereinbefore stipulated, the undersigned, with full comprehension thereof, hereby proposes to perform the entire work for the prices set forth below upon which award of Agreement is made;
Work not identified in the agreement will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing Contractors shall enter on the two proposal tables the hourly rates as requested.

Bidder: SCA of CA, LLC
Signature: ---�"--...__--;,,-;:------------------­
Print
Name: Erin Quinn
Date: 12/13/2022
25 NON-COLLUSION AFFIDAVIT
To the City Council, City of Lemon Grove, California:

The undersigned in submitting a proposal for performing the following work by Agreement, being duly sworn, deposes and says:

That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Agreement, for:

Street Sweeping Services
Business Name: ----------- SCA of CA, LLC
285 Pawnee Street, Ste A, Business Address:

San Marcos, CA 92078
Signature of Proposer: __ .... £62-=------==--�----­
Place of Residence: 12700 Lake Avenue, #402,
Lakewood, OH 44107
Subscribed and sworn before me this 13th day of December , 2022.

Notary Pu�or the County of Cuyahoga
----------- ,State of Ohio
My commission expires __ \_l \¼-� ..... l ..... V:\=-+------ (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.)
26 SIGNATURE SHEET
Proposer agrees that his or her proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Agreement within ten (10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Agreement Documents.

Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/A") where appropriate. ***]
Name of Proposer/ Company:

SCA of CA, LLC
Address:
285 Pawnee Street, Ste A, San Marcos, CA 92078
Telephone No.: ( 216 ) _77_7__-2_7_50 _____ Facsimile No.: ( 216 ) 260-2339 Email: __
[email protected] ___,;;;;...__ __ __;;_ ____________________ _ State of California
Contractor's License No. ____ NIA _______ Classifications(s ) N/A Expiration Date: __ N/A ___ _
Type of Firm (select one ): D Individual D Partnership D Corporation D M/WBE D Incorporated □Traded D Sole Owner Ix] Other
Department of Industrial Relations Registration Number: __ PW-__LR-_1__0_00_8_8_0_3_02 ___ _ SSN or Federal ID Number: -------------------- 8619- 3181 2 Receipt of Addenda: #_1 _ # __ #
___ ln,itials
# ___ is hereby acknowledged.

By signing below, I attest that I am an authorized representative / agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid a related forms.

PRINTE D NAME: _E_rin_Q__ uin_n _______ TITLE: Secretary 27 Agency Name
Reference Name / Title /
Address / Phone / Email
City of Chula Vista
Steve Padilla - [email protected]
619-397-6020
Public Works Manager
1800 Maxwell Road, Chula Vista, CA 91911
City of El Cajon
Aaron Jones - [email protected]
619-441-1732
Maintenance Supervisor
1050 Vernon Way, El Cajon, CA, 92020
City of Encinitas
John Ugrob - [email protected]
760-633-2854
Streets & NPDES Operations
Superintendent
160 Calle Magdalena, Encinitas, CA 92024
City of Del Mar
Thomas Romaine - [email protected]
858 704-3684
Operations Manager, Public Works 2240
Jimmy Durante Boulevard, Del Mar, CA 92014
Contract
Amount
$318,000/YR
$409,000/YR
$442,068/YR
$41,000/YR

REFERENCES
Start & Finish
Dates of
Contract
Current
Current
Current
Current
.
�
Brief Description of Services
Street Sweeping, Power washing
Street Sweeping, Power washing
Street Sweeping, Power washing
Street Sweeping, Power washing
28 SUBCONTRACTOR LIST
If all work is to be done without Sub-Contractors, write "none" here: ------- None Name under which Class/License Address of Office or Type of Work SubSub-Contractor is Number Shop and Telephone No. Contractor Will Do Licensed

1. Suppliers
Name of Supplier Address & Telephone No. Type of Material 29 ATTACHMENT 2

FEE SCHEDULE
Type Unit Frequency Monthly Rate Annual Rate
Commercial 8.1 miles 2 x month $1,161.54 $13,938.48
Residential 36.09 miles 1 x month $2,587.65 $31,051.84
Parking Lots 116,300 SF 1 x month $523.35 $6,280.20
Phone Calls Lump Sum Est. 30/month $150.00 $1,800.00
Total $4,422.54 $53,070.48
Note: Miles listed above are segment lengths, not curb miles. 30 [1]

CITY OF LEMON GROVE

REQUEST FOR PROPOSAL
Street Sweeping Services
Contract No. 2023-03
Proposals Due
10:00 a.m. – December 15, 2022

[2]
Table of Contents
SECTION I ..................................................................................................................................... 3 REQUEST FOR PROPOSALS ................................................................................................... 3 SECTION II .................................................................................................................................... 5 GENERAL TERMS AND CONDITIONS ...................................................................................... 5 SECTION III ................................................................................................................................. 15 CONTRACTOR RESPONSIBILITIES ....................................................................................... 15 SECTION IV ................................................................................................................................ 18 PURPOSE AND TECHNICAL SPECIFICATIONS .................................................................... 18 SECTION V ................................................................................................................................. 25 PROPOSAL SUBMISSION REQUIREMENTS AND FIRM SELECTION ................................... 25 SECTION VI ................................................................................................................................ 29 FORMS TO BE SUBMMITTED BY PROPOSER ...................................................................... 29 PROPOSAL FORMS ............................................................... Error! Bookmark not defined.30 NON-COLLUSION AFFIDAVIT ................................................................................................. 31 SIGNATURE SHEET ................................................................................................................ 32 REFERENCES ......................................................................................................................... 33 Exhibit A………………………………………………………………………………………… 35
Street Sweeping Map……… …………………………………………………………………35
Exhibit B………………………………………………………………………………………….36
Street Sweeping Spread Sheets ……………………………………...…………………...36 Exhibit C………………………………………………………………………………………….44
Parking Lot Sweeping ………………………………………………………………………44
Exhibit D………………………………………………………………………………………….45
Cost Proposal…………………………………………………………………………………..45

APPENDIX A ............................................................................................................................... 47 SAMPLE AGREEMENT ............................................................................................................ 47 GUARANTY .............................................................................................................................. 57 WORKERS’ COMPENSATION INSURANCE CERTIFICATE ................................................... 58 [3]

SECTION I

REQUEST FOR PROPOSALS
Notice is hereby given that the City of Lemon Grove, California will accept sealed proposals until 10:00 a.m. on Thursday, December 15, 2022. Proposals shall be submitted Ed Walton, City Engineer, Public Works Department, 3232 Main Street, Lemon Grove, CA 91945. Proposals shall be submitted in plain, sealed envelopes, marked on the outside with the project title:

City of Lemon Grove
Street Sweeping Services
Contract No. 2023-03
Background and Project Purpose: The City of Lemon Grove, a general law city of

3.8 square miles, is located directly east of the City of San Diego adjacent to State Route 94.

The City's population is currently just over 27,000. Forecasts indicate that by the year 2030 the population will increase to approximately 30,000. The proposal shall be for street sweeping the City streets (curb to curb) and City maintained parking lots.

The specifications contained herein are designed to establish an effective, efficient, and safe system of street cleaning and power washing that provides for the following intended purposes:
• Establish and maintain a continuous level of cleanliness of City streets and parking lots in order to assure protection of the environment as well as the health, safety, and welfare of the community.
• Increase the collection of sediment, particulate, debris, and any other materials on the street to prevent them from entering the storm drain system and watershed to the maximum extent practicable.
• Clean City streets in a systematic and coordinated manner that compliments solid waste collection and other City services, by a routine system that will improve the current street cleaning practices.

Utilization of a reliable sweeping schedule and route map Project Description: This Request for Proposals ("RFP") is being issued by the City of Lemon Grove (the “City”). The City is seeking a qualified Contractor to provide street sweeping services in support of the Public Works Department. Skilled labor and equipment will be necessary to render sweeping services for streets, center islands/medians, centerlines, and parking lots. At all intersections, the Contractor shall sweep the cross gutter and curb return in a manner that eliminates al “diamond” patterns of debris. Parking is not currently restricted for street sweeping purposes. The Contractor shall sweep around any vehicle on the City streets in a safe manner.

Proposals will be evaluated on the basis of experience and ability to perform, including, but not limited to, experience and history of the firm, as well as upon the amount proposed.

The award of the Contract, if made, will be made to the proposer, who in the sole discretion [4]
of the City is best able to perform the Contract in a manner most beneficial to the City. The City reserves the right, after opening proposals, to reject any or all proposals, to accept or reject any one or more items of a proposal, to waive any informality in the proposal, and to accept any proposal or portion of it.

Standard Contract Length: The length of this Contract shall be for one year beginning on February 1, 2023 through January 31, 2024. The Contract may be extended for a total of four (4) separate one-year term extensions. The maximum length of the Contract can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period, the Contractor's costs shall be adjusted based on the change in the previous two calendar year's Consumer Price Index for the San Diego area (All Urban Consumers CPI-U) or 5%, whichever is less.

City of Lemon Grove
_________________________________ __________________________ Ed Walton, City Engineer Date
[5]

SECTION II

GENERAL TERMS AND CONDITIONS

1. Request for Proposal (RFP) Document Wording: Notwithstanding the wording of this Request for Proposal, the words “bid” and “bidder” shall mean the same as “proposal” and “proposing Contractor,” respectively.

2. Acceptance or Rejection of Proposals: City of Lemon Grove reserves the right to reject any or all proposals for any or all items or to waive any irregularities in the proposal or Request for Proposal process. The determination of the City as to what constitutes an irregularity shall be final and conclusive.

3. Addenda: If any person contemplating submitting a proposal for the Contract is in doubt as to the true meaning of any part of the specifications, or other Contract documents, or finds discrepancies in or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the Contract documents will be made only by addendum. No oral interpretation of any provision in the Contract documents will be made to any proposing Contractor.

Receipt of any addendum to the proposal shall be acknowledged by signing and returning the addendum with the proposal. The acknowledgment must accompany the proposal.

4. Correspondence and Additional Information: All correspondence and questions about the RFP, including technical and Contract questions, shall be directed to:

Ed Walton, City Engineer
Street Sweeping Services, Contract No. 2023-03
3232 Main Street
Lemon Grove, CA 91945
Phone: (619) 825-3821
Email: [email protected]
Proposing Contractors are cautioned that any statements made by City staff that materially changes any portion of the RFP shall not be relied upon unless subsequently ratified by a formal written addendum to the RFP document.

5. Schedule of Events:

RFP Published November 14, 2022
Last Day for Question Submittals December 1, 2022
City Response to Questions December 8, 2022
Proposals Due December 15, 2022
City Council Meeting January 17, 2023

6. Delivery of Proposals: All proposals must be received by the City by 10:00 a.m. on December 15, 2022 at 3232 Main Street, Lemon Grove, CA 91945. Responses received after this date/time will not be considered. Postmarked date will not constitute timely [6]
delivery. Proposers are solely responsible for ensuring timely receipt of their responses.

The proposal packet must contain all the required forms, as provided in Item 12 of Section II.

7. Selection of Contractor and Award of Contract: The Contract, if awarded, will be awarded to the proposing Contractor who, in the sole discretion of the City, is determined to be best able to perform the Contract in a manner most beneficial to the City. The selection will be based on relevant experience and a pricing schedule that is deemed by the City to be most advantageous.

Proposal Acceptance Period: Any proposal submitted as a result of the solicitation shall be binding on the proposing Contractor for sixty (60) calendar days following the proposal opening date. Any proposal for which the proposing Contractor specifies a shorter acceptance period may be rejected.

Execution of Contract: The successful proposer will be required to enter into a Contract, see Appendix A. Please review this Contract document carefully and note in your proposal any exceptions or alterations to the Contract that you are requesting.

Alterations or changes to the Contract that were not included in the proposal will not be considered after the selection of the Contractor. This also includes alterations, exceptions, or changes to the insurance and indemnity provisions referenced within the proposal. By requiring these requests to be made up front, the City can compare all respondents on an equal basis and take Contract exceptions into consideration in the selection process.

The Contract shall be signed by the selected Contractor and returned, together with insurance policies and certificates of insurance, within ten (10) days, excluding Sundays and legal holidays, after the Notice of Award of Contract has been mailed. Failure to execute the Contract, supply certificates of insurance, and copies of license forms as required within ten (10) calendar days after the Notice of Award of the Contract has been mailed, shall be just cause for annulment of the Award.

The award, if made, will be made within sixty (60) calendar days after the proposal opening.

8. Proposing Contractors: Proposing Contractors shall consist of those persons or firms meeting the necessary qualifications to perform the services as specified.

9. Proposing Contractor Certification: The proposing Contractor agrees that submission of a signed proposal form is certification that proposing Contractor will accept an award made to it as a result of the submission.

10. Proposal Documents: The technical specifications, the selected proposal, supporting data, and addenda shall become a part of the executed Contract. The City has no obligation to accept any omissions or exceptions. In the event of a conflict between documents, the following order of precedence shall apply:
[7]
a. City of Lemon Grove Service Agreement
b. Request for Proposal
c. Proposer's Response
All proposing Contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposal prior to submitting one including any and all appendices.

11. Required Forms. Proposal prices must be in figures on the Fee Schedule forms and in writing. Proposals must be prepared in ink or typewritten and signed by the proposing Contractor. All proposing Contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposals prior to its submittal. All blanks in this proposal shall be filled in. Insert "No" or "N/A" [Not Applicable] on those lines where the proposing Contractor is not considering. All proposal amounts shall be represented in written words and in figures. Should there be a conflict between the written words and the figures, the written words shall prevail. Prior to proposal opening, corrections may be inserted; however, changes must be initialed in ink by the person signing the original proposal or by his authorized representative. In cases where the total proposal amount does not equal the unit prices multiplied by the quantities indicated, the unit prices shall govern.

Proposals shall specify the name or legal entity of the company and/or fictitious name under which business is conducted. Proposals must be submitted under the correct name of the company and signed by an authorized representative of the firm.

Required Proposal Forms (See Section VI – Forms to be Submitted by Proposer):
a. Fee Proposal Letter (executive summary)
b. Proposal Form Identification of respondent
c. Non-Collusion Affidavit
d. Signature Sheet
e. References
f. SubContractor/Supplier List

12. Proposal Withdrawal: A proposing Contractor may withdraw a proposal prior to the time set for the opening of proposals by simply making a request in writing to the City.

13. Collusion Among Proposing Contractors: Each proposing Contractor, by submitting a proposal, certifies that he/she is not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The proposing Contractor certifies that they have not offered or received any kickbacks or inducements from any other proposing Contractor, supplier, manufacturer, or subcontractor in connection with the proposal and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. Any or all proposals shall be rejected if there is any reason for believing the collusion exists among the proposing Contractors. City of Lemon Grove may or may not, at its discretion, accept future proposals for the same work from participants in such collusion. [8]
More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a proposing Contractor has interest in more than one proposal for the work being proposed may result in rejection of all proposals in which the proposing Contractor is believed to have interest.

Certification of Independent Price Determination: The proposing Contractor certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other proposing Contractor or competitor relating to those prices, the intention to submit a proposal, or the methods or factors used to calculate the prices proposal.

14. Debarment: By submitting a proposal, the proposing Contractor certifies, under penalty of perjury, that neither it, nor any person associated with it in the capacity of owner, partner, director, officer, or manager (1) are currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from submitting proposals for Contracts issued by any City or political subdivision or agency of the State of California or the Federal Government; (2) have (within the three (3) year period preceding the submission of the proposal) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or Contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses described in clause (2), above; and (4) have (within the three (3) year period preceding the submission of the proposal) had one or more public transaction (federal, state, or local) terminated for cause or default.

15. Errors in Extension: If the unit price and the extension price are at variance, the unit price shall prevail.

16. Evidence of Responsibility: Upon request of the City, a proposing Contractor whose proposal is under consideration for the award of the Contract shall submit promptly to the City satisfactory evidence showing the proposing Contractor's financial resources, experience in similar type work, and organizational resources available for performance of the Contract.

17. Examination of Contract Documents: Proposing Contractors shall thoroughly examine, be familiar with the specifications, and verify any representations made by the City upon which the proposer will rely. The failure or omission of any proposer to examine any Contract document, form, instrument, addendum or other document, or to acquaint themselves with conditions therein existing, shall in no way relieve any proposer from obligations with respect to their proposal or to the Contract. The submission of a proposal shall be taken as prima facie evidence of compliance with this section.

18. Exceptions: Proposing Contractors taking exception to any part or section of the solicitation shall indicate such exceptions on the proposal form. Failure to indicate any exception will be interpreted as the proposing Contractor’s intent to comply fully with the [9]
requirements as written. Conditional or qualified proposals, unless specifically allowed, shall be subject to rejection in whole or in part.

Incorporated into this RFP is a copy of the City of Lemon Grove Service Agreement.

Please review this document carefully and note in your proposal any exceptions or alterations to the Contract that you are requesting. Alterations or changes to the Contract that were not included in the proposal will not be considered after the selection of the Contractor. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these requests to be made up front, the City can compare all respondents on an equal basis and take Contract exceptions into consideration in the selection process.

19. Expenses Incurred in Preparing Proposals: City Lemon Grove accepts no responsibility for any expense incurred by the proposing Contractor in the preparation and presentation of a proposal. Such expenses shall be borne exclusively by the proposing Contractor.

20. Insurance: The selected Contractor must furnish the City with proof of insurance. Notice of insurance cancellation shall be made to the City Clerk, in writing, 30 days prior to cancellation or material changes in insurance coverage.

Coverage: Contractor shall obtain and maintain during the life of the Contract all of the following insurance coverage:
☒ Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket Contractual liability with the following coverages:
 $1,000,000 per person/per occurrence
 $2,000,000 aggregate per occurrence
 $ 500,000 property damage per occurrence
☒ Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverages:
 $1,000,000 combined single limit
☒ Workers’ Compensation, in statutory amount. All of the endorsements that are required above shall be obtained for the policy of Workers’ Compensation insurance.

Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions:
☒ Additional Insured. (Not required for Professional and Omissions Liability Insurance or Workers’ Compensation.)
The City must be named as an “Additional Insured” on the policy. The Additional Insured Endorsement is generally a separate endorsement form and rarely is it acceptable to name the City as “Additional Insured” only on the face of the Insurance Certificate. A Blanket Endorsement [10]
authorized by the Insurance Carrier is acceptable, but we still need the form on file. The preferred language for the Endorsement form is: “City of Lemon Grove and its elected and appointed boards, officers, agents, and employees are additional insured’s with respect to this subject property and Contract with City.”
☒ Notice. “Said policy shall not terminate, nor shall it be canceled until thirty (30) days after written notice is given to City.”
☒ Primary Coverage. “The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City.”
Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under the Contract. (Refer to the Insurance Code of the State of California.) The issuing company:
(a) Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and
(b) Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.

21. Length of Contract: The length of this Contract shall be for one (1) years, beginning on February 1, 2023 through January 31, 2024. The Contract may be extended with a total of four (4) separate one-year term extensions. Each extension will be dependent on the appropriation of funds by the City Council. The maximum length of the Contract can be up to five (5) years. (The length of the Contract may vary depending upon the award of Contract and the availability of Contractor to provide all necessary bonding, insurance, and documentation to start work.) The start date may vary depending upon the date of the City Council’s acceptance of the new Contractor.

22. Contract Renewal: The option to renew may be by mutual Contract between the City and the selected Contractor. Contract extensions are also subject to City Council appropriation of funds. Each renewal period, the Contractor's costs shall be adjusted based on the change in the previous calendar year’s Consumer Price Index for the San Diego (All Urban Consumers CPI-U) or 5% whichever is less. The first adjustment would occur no earlier than January 31, 2024, and would be based on the change in the San Diego area Consumer Price Index for the previous calendar year.

23. Qualifications of Proposing Contractors: The proposing Contractor may be required before the award of Contract to show to the complete satisfaction of the Director of Public Works that it has the necessary qualifications, and ability to provide the service(s) specified therein in a satisfactory manner. City may make reasonable investigations deemed necessary and proper to determine the ability of the proposing Contractor to perform the work, and the proposing Contractor shall furnish to the City all information for this purpose.
[11]

24. Antitrust: By entering into a Contract, the selected Contractor conveys, sells, assigns, and transfers to the City of Lemon Grove all rights, titles, and interest it may now have or hereafter acquire under the antitrust laws of the United States and the State of California that relate to the particular goods or services purchased or acquired by the City under said Contract.

25. Applicable Law: The Contract shall be governed in all respects by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California. The Contractor shall comply with applicable federal, state, and local laws and regulations.

26. Assignment: The selected Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, without the prior written consent of the Director of Public Works.

27. Certificates and Licenses: The individual or firm must be licensed by the Contractors State License Board (CSLB) to perform general contractor services. Contractor must possess and maintain a valid State of California General Engineering (A) or a State of California Building Contractor License (B) during the term of the Contract. Licenses and certificates required for this Contract include, but are not limited to:
a. City of Lemon Grove business license;
b. State if California General Engineering (A) or State of California Building Contractor License (B)
c. Other permits or licenses to complete the work

28. Change in the Scope of Work: The City of Lemon Grove may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the Contract. No claims may be made by the selected Contractor that the scope of the project or of the Contractor’s services has been changed, requiring changes to the amount of compensation to the Contractor or other adjustments to the Contract, unless such changes or adjustments have been made by written agreement to the Contract signed by the City and the selected Contractor.

If the selected Contractor believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the Contractor, the selected Contractor must immediately notify the Director of Public Works, in writing of this belief. If the Director believes that the particular work is within the scope of the Contract as written, the selected Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope. The City may add new facilities to this Contract, as it desires.

29. Extra Work: All extra work is to be approved by the City Public Works Director before the work is performed. In no event will extra work be paid for without proper authorization. Work not identified in the Contract will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing Contractors shall enter on the Proposal Tables the hourly rates for the requested [12]
categories.

30. Failure to Deliver: In the event of failure of the selected Contractor to deliver services in accordance with the Contract terms and conditions, the City Lemon Grove, after due oral or written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs.

This remedy may be in addition to any other remedies that the City of Lemon Grove may have.

31. Failure to Enforce: Failure by the City at any time to enforce the provisions of the Contract shall not be construed as a waiver of any such provision. Such failure to enforce shall not affect the validity of the Contract or any part thereof or the right of the City of Lemon Grove to enforce any provision at any time in accordance with its terms.

32. Force Majeure Clause: The parties to the Contract shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, loss, shortage of public transportation facilities, walkout or commandeering of materials, products, or facilities by the government provided that the nonperformance is not due to the fault of neglect of the Contractor/supplier. In such cases, however, satisfactory evidence thereof must be presented.

33. Indemnification: The selected Contractor shall act as an independent Contractor and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its subcontractors, sub-subcontractors, directors, officers, partners, employees, or agents to be an agent or employee of the City.

City and its elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Contractor's use of the City’s property or Contractor’s performance under this Agreement.

If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Contractor has agreed to indemnify Indemnitees as provided above, Contractor, upon notice from City, shall defend Indemnitees at Contractor’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld.

Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Contractor under Section ll, Item 20 shall ensure Contractor’s obligations under this section, but the limits of such insurance shall not limit the liability of Contractor hereunder. Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies [13]
Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required.

The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.

34. Assumption of Risk: Except for injuries to persons caused by the willful misconduct of any Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor shall assume the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor’s obligations under this Agreement; and (b) Contractor agrees that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor’s performance its obligations under this Agreement.

35. Liquidated Damages: Work Not Performed or Work Performed in an Unsatisfactory Manner - In the event the selected Contractor is prevented from completing the work as scheduled because of reasons other than emergency circumstances (which will be reviewed by the Director of Public Works to determine validity), the selected Contractor, in addition to not being paid for the unperformed work will be assessed damages in the amount of 100% of the value of the work not performed, according to the schedule of prices agreed upon.

36. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of agreement shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the agreement payment to cover costs.

37. Security and Safety: All employees of the Contractor shall be screened using previous work records for ability, reliability, and eligibility. Complete employee records are to be maintained by the Contractor on each individual employed by the Contractor.

Only regularly assigned employees or crews shall perform work on City premises during authorized hours.

38. Oral Statements: No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this Agreement. All modifications to the Agreement must be made in writing by the City of Lemon Grove.

39. Payment Terms: Unless otherwise indicated in the proposal form, payment terms will be net thirty (30) days. The City will pay the Contractor within thirty (30) days after the receipt of a correct invoice. Each invoice must include, but is not limited to, lists of each location(s), address, type of service, date of service, cost of labor, cost of equipment and parts, and total cost. Each service must be included as a separate line item on the [14]
invoice. All other charges will be invoiced separately.

40. Right of Setoff: Whenever, under the Agreement, any sum of money shall be recoverable from or payable by the selected Contractor to the City of Lemon Grove, the same amount may be deducted from any sum due to the Contractor under the Agreement or under any other Agreement between the Contractor and the City of Lemon Grove.

The rights of the City are in addition and without prejudice to any other right the City may have to claim the amount of any loss or damage suffered by the City on account of acts or omissions of the Contractor.

41. Suspension or Termination Without Cause: The City may at any time, for any reason, with or without cause, suspend or terminate this agreement, or any portion hereof, by serving upon the selected Contractor at least ten (10) working days prior written notice with cause or sixty (60) days without cause. If the City suspends or terminates a portion of this agreement, such suspension or termination shall not make void or invalidate the remainder of this agreement.

In the event this agreement is terminated pursuant to this section, the City shall pay the Contractor for services rendered up to the time of termination. Upon termination of the agreement pursuant to this section, the Contractor shall submit the final invoice to the City within ten (10) working days of the last date of work performed

42. Prevailing Rate: The City has determined this is a non-prevailing wage project [Remainder of Page Left Blank Intentionally]

[15]

SECTION III

CONTRACTOR RESPONSIBILITIES
Contractor agrees to perform general maintenance as required by City. Contractor shall provide the necessary qualified personnel to perform the services described below.

1. Duties of Contractor: During the term of this Agreement, the selected Contractor shall perform all work as described in the technical specifications and the following:
a. Ensure that all Contractor employees are properly trained prior to start of Agreement and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Conform to all applicable Cal-OSHA, DOT, and EPA regulations, including CalOSHA’s Hazard Communications Standard. c. Conform to all other applicable Federal, State, and Local regulations.

2. Contractor Personnel: The Contractor’s staff, including sub-contractors, shall:
a. Wear professional attire that clearly identifies the company they work for.

Clothing and other accessories (hat, mask, etc.) shall be work-place appropriate.
b. Be properly licensed to operate the equipment.
c. Be knowledgeable of safety regulations as they relate to maintenance services and traffic control.
d. Have the mechanical ability and training to make required operator adjustments to the equipment being used.
e. Have the ability to operate and maintain equipment in accordance with the manufacturer’s recommendations.

The City of Lemon Grove shall, throughout the life of the Agreement, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected Contractor. If the City reasonably rejects staff or subcontractors, the selected Contractor must provide replacement staff or subcontractors satisfactory to the City of Lemon Grove. The day-to-day supervision and control of the selected Contractor’s employees and subcontractors is the sole responsibility of the selected Contractor. Further, the Contractor shall be responsible for running background checks of their employees through the DOJ at their own costs and maintaining their staff’s list of who has received a background check.

3. Subcontractors: Contractor shall not assign, transfer, or enter into any subcontract under this agreement, nor any part thereof, without first obtaining the written consent of the Director of Public Works. If Contractor is permitted to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and City. All persons engaged in the work shall be considered employees of Contractor.

The City shall deal directly with and shall make all payments to Contractor. [16]

4. Company Representative / Local Office: The selected Contractor shall maintain a local office within the County of San Diego.

The selected Contractor shall have a competent representative available during working hours that can make authoritative decisions and to discuss matters pertaining to the Agreement. At all times during the term of this Agreement, the Contractor shall provide the City with a twenty-four (24) hour/day, seven (7) days/week emergency phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the Contractor to perform emergency services, the Contractor shall have a competent representative on site to commence the required service.

A valid/active e-mail address that is monitored twenty-four (24) hours per day, seven (7) days per week shall be required to receive written notices and authorizations for emergency services.

5. Invoices: The selected Contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work-related accidents, etc.

6. Productive Man-hours: The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work.

7. Quality Control: The selected Contractor shall institute and maintain throughout the Agreement period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the Agreement. The program shall include providing daily supervision and conducting frequent inspections of the Contractor’s staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City and made available upon request.

8. Supervision: The contractor agrees that its performance of each of the provisions of this agreement shall be to the standards set by City's Director of Public Works to ensure cleanliness, health, and sanitation in the sweeping of streets and disposal of all sweepings within City. Contractor shall faithfully and regularly remove such sweepings in accordance with provisions of this agreement unless it is modified in writing. All work shall be done in a thorough and professional manner in accordance with generally accepted good practices in the street sweeping industry. The Contractor [17]
shall designate the Operations Manager as the principle contact, and an alternate (other than the Principal/Owner of the Company), to be available daily during street sweeping hours, and as well as to be available daily during off-hours for emergencies. (remainder of the page left blank intentionally)

[18]

SECTION IV

PURPOSE AND TECHNICAL SPECIFICATIONS

1. Purpose: The purpose of this Agreement is to provide comprehensive street sweeping services for streets, center islands/medians, centerlines, and parking lots. The City proposes to contract with a service agency that is proactive in their work standards and can meet the qualifications set forth in this proposal package.

2. Technical Specifications: The Contractor shall:
a. Provide to City, at all times, (1) fully operational street sweeping vehicle and (1) fully operational back-up sweeper as outlined in this agreement unless written approval from the Director has been obtained. Furthermore, Contractor shall have a reserve operator in case the primary driver becomes ill or is incapacitated for any reason. A penalty of $100 will be assessed for each day a sweeping route is not completed due to equipment failure.
b. Notify City of any deviation to the schedule, including the change of sweeper operator(s), and/or equipment changes.
c. Provide copies of valid commercial driver’s licenses for all operators assigned to City, whether permanently or temporarily assigned to City. d. Assign Contractor’s Operations Manager as primary contact between and with City Contract Administrator, or City designee.
e. Furnish, at Contractor's own expense, all labor, equipment, and materials necessary, and shall sweep all paved, public streets in accordance with the area Lemon Grove Street Sweeping map and Street Sweeping spreadsheets attached hereto. The sweeping process shall include removal and disposal of all accumulated debris (e.g., all solids and liquids collected in the street sweeper(s). The regularly scheduled street sweeping shall be adhered to by Contractor unless deviation therefrom is authorized by the Director of Public Works, or the Director's designee. Sweeping shall be completed according to schedule and shall not be interrupted unless approved by the Director in writing, except in emergencies, inclement weather, or holidays by one day. Contractor shall notify City should Contractor have an emergency, and the Director shall determine whether Contractor is released of completing a daily route based on the nature of the emergency. The City has the authority to interrupt scheduled service should City have an emergency.
f. Assume liability for damages arising out of the operation of sweeping streets within City, including but not limited to, debris thrown into/onto private property, running over traffic counting tubes that are clearly delineated, or any other property damage resulting from operations.
[19]

3. Equipment: The quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein, and an minimum of one (1) primary sweeper and (1) back-up sweeper shall be provided.

The primary sweeper shall be less than two (2) years old and the backup sweeper shall be no more than four (4) years old. Periodically, aging equipment must be brought back to this standard per mutual agreement. The Contractor’s equipment and equipment service records, including warranty repair, shall be subject to periodic inspection by City. Should warranty work be undocumented by warrantor, Contractor shall notify the City of scheduled or unscheduled warranty repairs and log the warranty work within Contractor records. Scheduled or unscheduled equipment maintenance and/or repairs shall be noticed to City immediately, with anticipated date and time of equipment return. Copies of all equipment repair work shall be sent to the Director of Public Works within 5 days of repair(s).

Requirements:
a. The type of equipment used by the contractor shall be consistent with the highest current standards in the industry. Vehicles and equipment used to perform the services provided for herein, shall be modern, clean, and maintained in good mechanical conditions and to the satisfaction of the City at all time.
b. The Contractor shall provide each year the Make, Model, and Year of sweeper equipment to be used in City by submitting Department of Motor Vehicle registration copies to the Director.
c. The specific equipment to be used shall be a regenerative air sweeper with duel gutter brooms and a minimum hopper capacity of five (5) cubic yards. During inclement weather, mechanical broom or approved equivalent sweepers may be required by the City to sweep the City streets rather than the regenerative air sweeper as deemed necessary. All sweeping equipment used by Contractor shall have the same curb mile cost.
d. No scheduled route during daily service shall be interrupted or deviated from for service either outside the City limits or inside the City limits, unless authorized in writing by the Director of Public Works. The sweepers shall have in large markings the name of the Contractor, “Under Contract with the City of Lemon Grove” either painted or permanently affixed to both sweepers.
e. All equipment shall be equipped in accordance with State law. The flashing light shall meet the following requirements:
i. Visible for a minimum of one mile
ii. Flash 60-90 times per minute
[20]
iii. Mounted for 360 degree visibility
iv. Equipped with an amber lens
An arrow board, approved by the Director of Public Works, shall be mounted on the back of all equipment.
f. All street sweepers shall be equipped with:
i. Adequate water systems for dust control. Water meters for each specific equipment type shall be issued by Helix Water District.

Contractor shall coordinate the issuance and meter readings and payments with Helix Water District.
ii. Automatic vehicle location device (vehicle location and management system [e.g., GPS]), and any associated software programs, which will report all street sweeping activity. This device shall be placed on all sweeping equipment at the Contractor’s cost, including monthly monitoring charges. The associated software shall be provided at no cost to the City.

Should any device fail, or need repair, the Contractor shall immediately report that the GPS is inoperative to City. g. Brushes and brooms shall be maintained in proper condition and shall be replaced as recommended by the manufacturer, or when pick-up ability becomes impaired. The Contractor shall immediately report mechanical breakdowns to City. Adequate support equipment shall be available, including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described within this agreement.
h. The Contractor shall immediately clean any street sweeping vehicle fluid leaks using all appropriate dry cleaning methods and properly dispose of products afterwards. Operator shall carry a spill kit and be properly trained on how to clean spills.
i. Manufacturer’s Equipment Specifications are to be included within the proposal. All equipment, including support equipment, to be used by Contractor shall be listed as a part of the detailed inventory to support the Contractor’s qualifications. Manufacturer’s Equipment Specifications shall be mailed or emailed to City whenever new equipment is added to the Contractor’s inventory.
j. The City shall have the option of performing a complete inspection of all vehicles at any time throughout the term of the Agreement. If any vehicle is inspected and it is determined by the Director of Public Works, or the Director’s designee, that it does not meet standards City deems necessary to fulfill the Agreement or to operate safely, City may require such vehicle(s) be brought to standard (whether by [21]
need of repair or use of certified equipment as required by Federal, State, or local law) before being placed back in service. Any vehicular accidents involving sweepers assigned to City must be reported in writing within 24 hours of said accident to City.

4. Standards of Performance: Street sweeping shall be performed in accordance with accepted standards for Municipal Street cleaning. When necessary for proper cleaning, Contractor shall make more than one pass on a street, without extra charge. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Contractor shall immediately respond when notified by City to re-sweep unsatisfactory areas at no additional charge.

The equipment operator shall maintain a log listing the locations of roadways that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles parked on City streets for extended periods of time. The Contractor shall report these locations, by address, to City’s Director of Public Works, or designee, within 48 hours. (Deductions may be made from the Contractor’s payments for areas not swept due to obstructions that were not reported to City within the time allowed.)
Overnight parking of equipment, leaving unattended debris and staging of materials on City streets or on City owned property will not be permitted, unless prior written authorization is received from the City.

5. Accident Procedure: All accidents, regardless of how minor, involving another person, private property, or vehicle, shall be reported immediately to the County of San Diego’s Sheriff's Department and a report requested. The City's Public Works Department shall also be contacted within 24 hours.

6. Laws and Regulations: The Contractor acknowledges that it is charged with notice and knowledge of all of the provisions of all Federal, State, County, and City laws, ordinances, and regulations affecting the sweeping of streets and disposal of sweepings, and Contractor agrees to observe all of the terms of all applicable laws and ordinances that may hereafter be in effect, and all amendments thereto, and agrees to observe such reasonable regulation not in conflict with this agreement as may be enacted by the City’s City Council.

7. Sweeping Equipment Safety: The sweeping equipment shall not travel in excess of the manufacturer’s recommended sweeping rate or ten (10) miles per hour when sweeping any street, whichever is less. The Contractor’s street sweeper operators shall maintain good safety and driving records, and use extreme caution during street sweeping.
[22]

8. Disposal of Debris: The Contractor will dispose all refuse/debris collected within City at the EDCO transfer station located at 8184 Commercial Street, La Mesa, CA 91941. The Contractor is responsible for coordinating the sweeping schedule to ensure the status of the transfer station (i.e. opened or closed) will not prohibit adherence with the City’s street sweeping schedule.

9. Compensation: Contractor shall be paid per curb mile swept as full compensation for regularly scheduled street sweeping of all existing streets. The Contractor shall be paid only for the actual curb miles swept. This compensation includes the removal and disposal of all accumulated debris.
a. Each curb mile added to or subtracted from the schedule during the effectual Agreement shall be calculated at the curb mile sweep cost and the Agreement price adjusted accordingly.
b. Streets that are to be permanently removed from, or added to, the sweeping schedule shall require written notification by the City. c. The City shall pay Contractor a sum determined per the current fee schedule per hour for any and all additional street sweeping service requested by the City and performed by Contractor, excluding requested resweeps. The hours of sweep time to be paid shall include the Contractor's travel time.
d. Contractor shall provide a daily report or access to an online reporting system and a monthly bill to the Director of Public Works, or designee, listing GPS records to permit auditing of sweeping mileage, water usage, and quantity spoils.
e. Loss of Revenue: Failure of Contractor to complete sweeping zones, except on holidays or inclement weather, or lack of fulfilling any portion of this agreement, shall result in a deduction from payment otherwise due the Contractor for each incomplete sweep day. Deductions shall be calculated based on curb mile cost for incomplete zones, or pro rata cost of equipment for monthly services (e.g., GPS units installed and used), unless otherwise determined by the Director as justifiably excused. Contractor shall notify City, either by phone or in writing immediately, when GPS unit(s) is not functioning and/or being serviced for deduction waiver.

10. Scheduling:
a. Hours of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7:00 a.m. to 4:30 p.m., Monday through Friday, excluding recognized holidays. The Downtown routes are to be swept between 4:00 a.m. and 6:00 a.m. Deviation from these hours will not be permitted without the prior consent of the Director or designee. [23]
b. Sweeping Schedule: The sweeping schedule shall be approved by City and coordinated to follow refuse collection days (EDCO is the City’s trash purveyor). Each proposal shall incorporate or propose an acceptable schedule based on EDCO’s solid waste pick up schedule. The Contractor may be required to do early morning sweeping on certain major streets if approved by the Director of Public Works; however, NO sweeping of residential streets, or streets immediately adjacent to residential areas, shall be allowed prior to 7:00 a.m. or later than 4:30 p.m. However, subject to City approval, the Contractor shall arrange residential sweeping routes to sweep areas adjacent to schools during times of least traffic and parked cars (i.e. early morning).
c. Inclement Weather: The Director of Public Works, or designee, shall be the sole authority for canceling scheduled street sweeping due to inclement weather. Operator is required to be prepared to operate street sweeper unless notified by City or designee. During inclement weather, a two-hour standby period between 7:00 a.m. and 9:00 a.m. shall be observed before a scheduled residential or commercial sweep will be canceled.

When inclement weather, in City's opinion, prevents adherence to the regular sweeping schedule for two or fewer days in a given week, the sweeping of areas so affected by the inclement weather shall be swept within the following one week period from the date of the scheduled sweeping, without interruption of the regular sweeping schedule. The Contractor shall perform all extra work required by such inclement weather without additional charge to City.
d. Holiday Operations: There shall be no work on weekends or on the holidays of:

New Year’s Day Martin Luther King Day
President’s Day Memorial Day
Independence Day Labor Day
Veteran’s Day Thanksgiving
Day after Thanksgiving Christmas
Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property.
e. Additional Requests: In addition to the daily work required hereunder, the Director of Public Works, or the authorized designee may request additional sweeping services. The Contractor, as provider of sweeping services for City, shall be required to provide these street sweeping services. The Director of Public Works, or the Director's designee, shall request Special Sweeping with 48-hour notice. The 48-hour noticing requirement shall be exempt, should the Director or the Director's designee determine that the Special Sweeping is an emergency, and required for public health and safety. In cases of an emergency, Contractor is to provide service within [24]
two (2) hours of notification by City. Contractor shall provide name and phone number of contract supervisor for after-hour emergency sweeps.

Billing for emergency sweeps shall be based on an hourly rate bid item with travel time included.
f. Re-sweeps: Re-sweeps are those required by the Contractor when, after inspection by the City, are deemed by the City, in its sole discretion, not to meet stated performance standards, or when a street or section has been missed during the regularly scheduled street sweeping. Re-sweeps shall be completed at no additional cost to the City and at the sole expense of the Contractor.
i. Responses to residential re-sweeps shall be within the same day area/route is swept or at a day and time as stipulated by the City, after being notified by the City.
ii. Contractor shall notify the City when any re-sweeps are completed so City staff may inspect and verify the work.
g. Extra Effort: While street sweeping shall normally consist of a single pass over an area, the Contractor shall make additional passes or such extra effort as may be required to adequately clean the street. Heavy debris such as accumulated silt, compacted dirt, leaves and similar debris shall be removed by the sweeper unless the removal cannot be accomplished without damage to the equipment or inflict personal injury. Extra effort shall be required when street debris is moved by the sweeper to an area outside the normal sweeping path along the curb line, at intersections and cross drains. Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its swept pathway. Extra effort will be strictly enforced during and after windy conditions and storm weather. The cost of any extra effort shall be included in the contract cost.

11. Complaints/Inquiries: The contractor shall respond to all customer inquiries. The City plans to publish the Contractors contact information for inquires. The Contractor shall provide to the City a phone number that citizens can call for information regarding street sweeping. Inquiries shall be responded to within 48 hours. It is anticipated that the Contractor can expect around 30 calls per month.

[25]

SECTION V

PROPOSAL SUBMISSION REQUIREMENTS AND FIRM SELECTION

1. Overview: To be considered responsive to this RFP, proposer must submit their proposal in the format identified in this section. All requirements and questions in the RFP must be addressed and all requested information must be provided. The City reserves the right to request additional information that, in the City’s opinion, is necessary to assure that the proposer’s competence, qualified personnel, business organization, are adequate to perform the project successful. To ensure the fair and accurate consideration of all submissions, proposals must contain the following information.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the proper’s demonstrated capability to perform work of this type. All proposals shall be submitted on standard 8.5” by 11” paper.

Expensive bindings, colored displays, promotional materials, etc. are not necessary.

Emphasis should be on completeness and clarity of content.

3. Format and Content: Proposals shall adhere to the following format for organization and content. Proposals must be divided into the individual section listed below and must be indexed and tabbed. The proposal should follow the order specified below:

1. Executive Summary: Include a 1-2 page overview of the proposal describing its most important elements.

2. Identification of the Respondent
A. Legal name and address of company.

B. Legal form of company (partnership, corporation, joint venture, etc.). If joint venture, identify the members of the joint venture and provide all information required within this section for each member.

C. If company is wholly-owned subsidiary of “parent company.” D. Address(es) of office(s) working on this project.

E. Name, title, address, and telephone number of the contact person for the proposal.

3. Project Organization and Key Personnel: Describe proposed project organization. Include identification and responsibilities for key personnel.

Indicate the extent of the commitment of key personnel for the duration of the project. Provide an indication of the staffing level for the project. Provide detailed description of the experience of the respondent’s project team, including the team’s project manager, and other key staff members, on projects of similar type, and size. For each similar project, include the client’s name, contact person, and telephone number.

4. Experience, Mechanical and Technical Competence: Describe the [26]
respondent’s experience in completing similar services with the name of the agency, name of the project manager, telephone number, e-mail address, and associated service costs. Services currently being performed may be submitted as similar experiences. Special attention should be made to list the current equipment used, how it is serviced, and the Contractor’s knowledge of Federal and State Laws that impact street sweeping and power washing services.

5. Proposed Method to Accomplish the Work: Special attention should be given to presenting the Contractor’s vision for efficiently and effectively sweeping and power washing the City including equipment proposed to be used.

6. Cost Proposal: Provide an estimate of the total cost for services, as listed in Exhibit D.

3. Evaluation Process: A review committee will evaluate all proposals received. The City shall not be obligated to accept the lowest priced proposal, but the City may make award(s) in the best interests of the City after all factors are considered. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and then may arrange for on-site interviews with staff if necessary. The City reserves the right to request additional information or materials from bidding parties if necessary, to determine a winning proposals.

Likewise, the City reserves the right to accept or reject any or all proposals, or to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive an informality in the proposals. The recommended proposal(s) will be submitted to the City Council for agreement approval.

Proposals will not be publically opened. All detailed cost estimates (“cost proposals”) and evaluation related to costs will be kept strictly confidential throughout the evaluation, negotiation and selection process. Only the members of the Evaluation Team and City Officials, employees and agents having a legitimate interest will be provided access to the cost proposals and cost evaluations results during this period

4. Evaluation Criteria: The City encourages cooperative, creative, innovative and efficient approaches in proposals. The importance of these characteristics will be formally recognized in the evaluation of consultant responses. Responses which propose modifications or alternatives to the tasks, products and schedules identified in the Scope of Work section that the Contractor believes better accomplish the objectives of this project are welcome. Proposals from Contractor teams are also encouraged, when cooperative work will improve the quality of results. [27]
Proposals will be evaluated according to the following criteria:

Criteria Weighted Factor
Qualifications of Contracting Firm 25%
Cost & budget of proposal 25%
References and Prior Work History 20%
Quality and thoroughness of the
proposal
10%
Proposed Method to Accomplish the
Work
20%

5. Interviews: In the event the City decides that interviews are necessary, proposers who are finalists will be notified as promptly as possible. Each interview will consist of a question and answer session of approximately 45 min. to 1 hour. Notice of confirmation of the interview date/time will be given by telephone or in writing.

Attendance at any such interview will be at the Proposers’ expense.

6. Selection: The review committee comprised of City staff and/or designees appointed by the Director of Public Works will review and score the proposals, based on the selection criteria. Each evaluator will assign a point score for a subject area based on their review of the proposal materials provided. Scores given by the individual evaluators will be averaged and totaled to arrive at a final point score the category area. The highest ranked proposals will be identified, and the review committee will make a recommendation for award. All submitters will be notified of the results within sixty (60) days after the close of the request for proposal period.

7. Business Certificate: The successful Proposer that is awarded the agreement will be required to obtain a Lemon Grove business license. Information on obtaining a business license can be found at the following link:
https://www.lemongrove.ca.gov/business/business-licenses

8. Contact Information
The City of Lemon Grove looks forward to receiving a proposal from your firm. All questions relating to the RFP may be directed to:

Ed Walton, City Engineer
Email: [email protected]
Phone: (619) 825-3821
The City reserves the right to revise the RFP prior to the date the proposals are due.

Revisions shall be mailed, emailed, or faxed all RFP holders.

The RFP does not commit the City of Lemon Grove to award a contract or to pay any costs incurred in the presentation of a proposal in response to this request. The City of Lemon Grove reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part [28]
or in its entirety this RFP if it is determined to be in the best interest of the City of Lemon Grove.
(remainder of the page left blank intentionally)

[29]

SECTION VI

REQUIRED PROPOSAL FORMS
FEE PROPOSAL LETTER – An executive summary of the proposal describing the most important elements shall be submitted with the proposal. This should be 1-2 pages. (remainder of this page left blank intentionally)
[30]

PROPOSAL FORMS
To the City of Lemon Grove, herein called the "City" for Street Sweeping Services to be provided to said City:

Pursuant to and in compliance with the Request for Proposals (RFP) and in accordance with the Specifications contained herein, the undersigned proposing Contractor, having become familiarized with the terms of the agreement, plans, specifications, and addenda, hereby proposes and agrees to perform, within the time stipulated, the agreement, including all of its component parts, and everything required to be performed, all in strict conformity with the plans and specifications and other agreement documents, including all addenda for the sums set for the sites listed herein; It is understood and agreed that the agreement amount includes all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies between numbers of the bid amount and the words stating the amount, the words shall govern over numbers:

IN COMPLIANCE with the Notice, Specifications, and special provisions hereinbefore stipulated, the undersigned, with full comprehension thereof, hereby proposes to perform the entire work for the prices set forth below upon which award of Agreement is made;
Work not identified in the agreement will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing Contractors shall enter on the two proposal tables the hourly rates as requested.

Bidder:

Signature:

Print
Name:

Date:
[31]

NON-COLLUSION AFFIDAVIT
To the City Council, City of Lemon Grove, California:

The undersigned in submitting a proposal for performing the following work by Agreement, being duly sworn, deposes and says:

That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Agreement, for:

Street Sweeping Services
Business Name:

Business Address:

Signature of Proposer:

Place of Residence:

Subscribed and sworn before me this _______ day of ___________________, 2020.

Notary Public in and for the County of
,State of California
My commission expires _________________________.
(This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.)
[32]

SIGNATURE SHEET
Proposer agrees that his or her proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Agreement within ten (10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Agreement Documents.

Failure to complete all information may render your proposal non-responsive [***Indicate not applicable (“N/A”) where appropriate. ***]
Name of Proposer/ Company:
________________________________________________
Address:
______________________________________________________________________ Telephone No.: (_____) ____________________Facsimile No.: (_____) ___________ Email: ________________________________________________________________ State of California
Contractor’s License No. ________________________Classifications(s) ___________ Expiration Date: ____________
Type of Firm (select one): Individual Partnership Corporation M/WBE Incorporated Traded Sole Owner Other
Department of Industrial Relations Registration Number: ________________________ SSN or Federal ID Number: _______________________________________________ Receipt of Addenda: #_____ #_____ #____ #_______is hereby acknowledged. ______Initials
By signing below, I attest that I am an authorized representative / agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms.

DATE:____________________SIGNATURE:_________________________________ PRINTED NAME: ________________________TITLE:_________________________ [33]

REFERENCES
Agency Name
Reference Name / Title /
Address / Phone / Email
Contract
Amount
Start & Finish
Dates of
Contract
Brief Description of Services
[34]

SUBCONTRACTOR LIST
If all work is to be done without Sub-Contractors, write "none" here: ________________ Name under which
Sub-Contractor is
Licensed
Class/License
Number
Address of Office or
Shop and Telephone No.

Type of Work SubContractor Will Do

1. Suppliers
Name of Supplier Address & Telephone No. Type of Material

[35]
Exhibit A
Street Sweeping Map
[36]
[37]
Exhibit B
Street Sweeping Spread Sheets
[38]
Limits Segment Special
Street Name Begin to End Length (miles) Notes
Acacia Street Golden Avenue South End 0.12 Alan Court Elkhorn Street North Cul-de-sac 0.03 Alberdi Drive San Altos Place El Prado Avenue 0.06 Alton Drive Glencoe Drive Debco Drive 0.61 Amber Place Jayna Place West cul-de-sac 0.07 Angelus Avenue Di Marino Street Canton Road 0.37 Avalon Way Tangelos Place San Altos Place 0.18 Barton Drive Ensenada Street Englewood Drive 0.17Berry Street Mt. Vernon Street Cabernet Way 0.42 Berryland Court San Pasqual Street North Cul-de-sac 0.13 Beryl Street Main Street Bonita Street 0.21 Beth Place Rosemary Lane South cul-de-sac 0.03 Blossom Hill Court Siegle Drive East cul-de-sac 0.03 Blossom Hill Drive Siegle Drive Craig Court 0.21 Blossom Hill Lane Ildica Street Sweetwater Road 0.38 Blue Lake Court Gold Lake Road East cul-de-sac 0.03 Bonita Street San Miguel El Prado Avenue 0.61 Broadway Federal Boulevard Fairway Drive 2.29 Commercial 4 lane; median/turn lane Brock Court Myra Street East cul-de-sac 0.06 Brunel Court New Jersey Avenue West cul-de-sac 0.05 Buena Vista Avenue North Avenue Main Street 0.87 Burnell Avenue Cypress Avenue Main Street 0.1 Cabernet Way Sonoma Lane Berry Street 0.06 Calle Entre Primera Street La Corta Street 0.05 Calle Norte Camino de Las Palmas West cul-de-sac 0.05 Calle Sur Camino de Las Palmas West cul-de-sac 0.05 Cameron Drive Canton Drive Osage Drive 0.13 [39]
Limits Segment Special
Street Name Begin to End Length (miles) Notes
Camino de Las Palmas Troy Street Ildica Street 0.57 Canton Drive Washington Street Lemon Grove Avenue 0.96 Casa Lane Florine Drive West cul-de-sac 0.13 Cedral Place West cul-de-sac East cul-de-sac 0.12Central Avenue Massachusetts Avenue School Lane 0.77
Cinderella Place Cinderella Way Washington Street 0.05 Cinderella Way North cul-de-sac South cul-de-sac 0.07 Citronella Avenue Palm Street Lincoln Street 0.24 Citronica Lane North Avenue South cul-de-sac 0.07Citrus Street North Avenue Central Avenue 0.36 College Avenue Federal Boulevard College Grove Place 0.22 4 lane; median & turn lanes Corona Street Ida Street Southern end 0.2 Costada Court North cul-de-sac South cul-de-sac 0.12 Craig Court Blossom Hill Drive North Cul-de-sac 0.03 Cypress Avenue Lemon Grove Avenue Mt. Vernon 0.2 No sweeping east Mt. Vernon Dain Drive Elkhorn Street East cul-de-sac 0.37 Dain Court Elkhorn Street North Cul-de-sac 0.05 Dartmoor Drive 69th Street North Cul-de-sac 0.39 Daventry Street 69th Street Dartmoor 0.12 Davidson Avenue Buena Vista Avenue West cul-de-sac 0.11 Daytona Drive Citrus Street New Jersey Avenue 0.24 Debco Drive Alton Drive Mt. Vernon 0.2 Deborah Place Longdale Drive Longdale Drive 0.12 Denstone Place Daventry Street Dartmoor Drive 0.14 Deville Drive Watwood Road Larwood Road 0.05 Di Foss Street Mazer Street Mt. Vernon 0.12 Drew Lane San Miguel North Cul-de-sac 0.18 [40]
Limits Segment Special
Street Name Begin to End Length (miles) Notes
Drexel Court Drexel Drive East cul-de-sac 0.08 Drexel Drive Blossom Lane Canton Drive 0.09 Edding Drive Mt. Vernon Street North Cul-de-sac 0.1 El Dora Street Alton Drive Canton Drive 0.58 El Prado Alberdi Drive Mt. Vernon 1.17 El Verde Court Ildica Street South cul-de-sac 0.03 Elkhorn Street Siegie Drive Dain Drive 0.14 Englewood Drive Canton Drive Alton Drive 0.39 Ensenada Street El Dora Street Alton Drive 0.61 Federal Boulevard Mallard Street Broadway 1.25 Commercial - center turn lane Florine Drive Central Avenue Westview Place 0.15 Glebe Road Mt. Vernon Street Fisher Lane 0.4 Glencoe Drive Jamacha Road Canton 0.45 Gold Lake Road Mt. Vernon Street North Cul-de-sac 0.2 Golden Avenue Washington Street Lemon Grove Avenue 0.42 Golden Grove Place Lincoln Street South cul-de-sac 0.1 Green Lake Court Gold Lake Road East cul-de-sac 0.04 Grove Street Broadway Riviera Drive 0.36 center turn lane & bike lanes Hardy Drive Mt. Vernon Street Palm Street 0.19 Harris Street North Avenue Broadway 0.12 Hill Top Drive Lemon Grove Way Cascio Court 0.14 Ida Street Corona Street East cul-de-sac 0.05 Ildica Street Blossom Lane Maria Court 0.38 Jadam Way Dain Court East cul-de-sac 0.07 Java Lane Sarawak Drive North Cul-de-sac 0.05 Jaynia Place San Miguel Cedral Place 0.09 Jefferson Street Washington Street Dennis Lane 0.07 Kempf Street Broadway Lincoln Street 0.32 center turn lane & bike lanes [41]
Limits Segment Special
Street Name Begin to End Length (miles) Notes
La Corta Circle La Corta Street La Corta Street 0.27 La Corta Street La Corta Circle Calle Entre 0.6 La Puerta Place Costada Court El Prado Avenue 0.04 Larwood Road DiMarino Street Woodrow Avenue 0.41 Lawford Court Lawford Street North Cul-de-sac 0.02 Lawford Street Noble Street Locke Place 0.08 Lebaun Drive Blossom Lane Sarawak Drive 0.04 Lemon Avenue Buena Vista Avenue Olive Street 0.12Lemon Grove Avenue Viewcrest Drive North Avenue 2.15 Commercial - 4 lane
w/ median and bike lane
Lemon Lane Roy Street North Cul-de-sac 0.08 Lemonwood Lane Mercury Drive West cul-de-sac 0.13Lerma's Court Berry Street West cul-de-sac 0.06 Lincoln Place Jamacha Road Zemco Drive 0.17 Lincoln Street Lemon Grove Avenue Washington Street 0.44 Locke Place Fairhaven Street North Cul-de-sac 0.05 Long Lake Court Gold Lake Road East cul-de-sac 0.04 Longdale Drive Citronella Avenue East cul-de-sac 0.36 Lyndine Street Alton Drive Mazer Street 0.06 Madera Street 69th Street San Pasqual Street 0.7 Main Street Broadway Mt. Vernon 0.8 Massachusetts Avenue Waite Drive Broadway 0.24 Commercial - 4 lane
w/ median-turn pockets
Massachusetts Avenue Broadway Lemon Grove Avenue 1.46
Commercial - 2 lane
w/turn lane & bike path
Mazer Street Lyndine Street Chatswood Drive 0.11 McKnight Drive San Pasqual Street Mt. Vernon 0.27Meadow Lane Roy Street North Cul-de-sac 0.08 [42]
Limits Segment Special
Street Name Begin to End Length (miles) Notes
Mercury Drive Rosemary Lane Lemonwood Lane 0.15 Monrose Street Alton Drive Mazer Street 0.06 Mt. Vernon Street Cypress Avenue Lawton Drive 0.73 Myra Street Palm Street Longdale Drive 0.09 New Jersey Avenue San Miguel Brunei Court 0.2 Nichals Street Dayton Englewood Drive 0.4 Nida Place Palm Street South cul-de-sac 0.09 Nina Road San Miguel South cul-de-sac 0.1 North Avenue West Street Grove Street 0.63 Olive Street San Miguel North End 0.72 Orando Drive Broadway Avenue Avalon Way 0.07 Pacific Avenue Main Street Vista Avenue 0.61 Palm Street Lemon Grove Avenue Sweetwater Road 1.03 Continuous turn lane, bike lanes Patero Court El Prado Avenue North Cul-de-sac 0.03 Placentia Street El Prado Avenue San Altos Place 0.05 Plata Court Primera Street East cul-de-sac 0.03 Primera Street Massachusetts Avenue Calle Entre 0.58
Ramon Street Madera Street San Altos Place 0.25 Robbie Way Debco Drive West cul-de-sac 0.08 Rosemary Lane Pergl Street East cul-de-sac 0.34 Roy Street Kempf Street Meadow Lane 0.42 Russan Lane Berry Street North Cul-de-sac 0.08 San Altos Place Avalon Way Massachusetts Avenue 0.66
San Miguel Avenue Federal Boulevard Lemon Grove Avenue 1.45 San Pasqual Street Madera Street Main Street 0.25Sanford Drive Skyline Drive East cul-de-sac 0.07 [43]
Limits Segment Special
Street Name Begin to End Length (miles) Notes
Sarawak Drive Labuan Drive East cul-de-sac 0.11 School Lane Golden Avenue Lincoln Street 0.24 Siegel Court Elkhorn Street North cul-de-sac 0.04Siegle Drive Elkhorn Street South cul-de-sac 0.23Skyline Drive Lincoln Street Carlisle Drive 1.37Sonoma Lane Madera Street North Cul-de-sac 0.21 Svea Court Larwood Road South cul-de-sac 0.06 Sweetwater Road Troy Street Broadway 0.71 Commercial - 4-lane
with center median/turn lane
Tangelos Place Broadway Avenue 69th Street 0.23 Tracy Street Corona Street New Jersey Avenue 0.09Tweed Street Corona Street East cul-de-sac 0.16 Valencia Court Orando Drive West cul-de-sac 0.07 Vernon Ranch Way Mt. Vernon Street North cul-de-sac 0.05 Vista Sereno Court San Miguel North cul-de-sac 0.1 Watwood Road Di Marino Street Canton Drive 0.43 Partially in SD West Street North Avenue Daytona Street 0.24 Westview Place Massachusetts Avenue West cul-de-sac 0.15
Woodrow Avenue Canton Drive Calvocado Street 0.14
[44]
Exhibit C
Park Lot Sweeping
The following are locations of City parking lots. Parking lots shall be swept the first Monday of the month:

1. Berry Street Park Parking Lot (Approximately 11,500 square feet) Address: 7071 Mount Vernon Street

2. City Hall Parking Lot (Approximately 14,700 square feet) Address: 3232 Main Street

3. Civic Center Park Parking Lot/Treganza Heritage Park (Approximately 24,800 square feet) Location: 3200 Main Street

4. Fire Department Parking Lot (Approximately 8,700 square feet) Location: 7853 Central Avenue

5. Lemon Grove Park Parking Lot (Approximately 25,000 square feet) Location: 2259 Washington Avenue

6. Lemon Grove Recreation Center Parking Lot (Approximately 12,600 square feet) Location: 3131 School Lane

7. Lemon Grove Senior Center Parking Lot (Approximately19,000 square feet) Location: 8235 Mount Vernon
The Contractor shall report all observations of: graffiti and other vandalism; illegal activities, missing or damaged equipment or signs, and hazards or potential hazards.

[45]
Exhibit D
Cost Proposal
The cost estimate is for street and parking lot sweeping for the City of Lemon Grove Monthly Annual
Type Mile Frequency Rate Rate
Commercial 8.10 2 x month
Residential 36.09 1 x month
Type SF Frequency Monthly Rate Annual Rate
Parking lot 116,3000 1 x month
Type Lump Sum Frequency Monthly Rate Annual Rate
Phone Calls 1 Estimated
30/month

Proposer shall provide monthly and annual cost proposal for sweeping commercial and residential streets, monthly and annual costs for sweeping City parking lots, and monthly and annual costs for responding to citizen inquiries.

Note: Miles listed above and in Exhibit B are segment lengths, not curb miles. Commercial streets are highlighted and noted in Exhibit B – Street Sweeping Spread Sheets.

[46]

APPENDIX A

SAMPLE AGREEMENT
[47]

CITY OF LEMON GROVE

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this day of , 20 , by
and between the CITY OF LEMON GROVE (hereinafter referred to as "City") and __________________________ (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform __________________________________ for the ______________________________ (Project); and
WHEREAS, Contractor is a(n) ________________________________________ Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described on Exhibit "A" entitled [48]
"Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
[49]

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Lemon Grove. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
“Contractor” means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

DISCLOSURE DETERMINATION:

1. Contractor/Contractor will not be “making a government decision” or [50]
“serving in a staff capacity” as defined in Sections A and B above.

No disclosure required.

2. Contractor/Contractor will be “making a government decision” or “serving in a staff capacity” as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Lemon Grove in a timely manner as required by law.

_________________________________________________
Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent Contractor and shall not be an employee of the City of Lemon Grove. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
[51]
(a) For Claims (as defined herein) other than those alleged to arise from Contractor’s negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor’s negligent performance of professional services, Indemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless Indemnitees from and against, any and all Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, subContractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor’s professional services, Contractor’s defense obligation to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys’ fees to the extent caused by Contractor’s negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section

15. (g) The rights and obligations of the parties described in this Section 15 shall [52]
survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor’s obligations under this Agreement, including but not limited to Contractor’s Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor’s performance its obligations under this Agreement, including but not limited to Contractor’s Scope of Services.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Lemon Grove projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys’ Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit “A” hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its [53]
reasonable litigation expenses, including its expert fees, attorneys’ fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor.

No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.

24. Certification and Indemnification Regarding Public Employees’ Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees’ Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit “B.” Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision [54]
shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF LEMON GROVE CONTRACTOR

By: __________________________ By: _______________________________ Lydia Romero, City Manager Name, Title
Date: ________________________ Date: ____________________________ ATTEST:

Audrey Malone, City Clerk
APPROVED AS TO FORM:

By: _________________________________
Kristen Steinke, City Attorney
[55]

SPECIAL PROVISIONS
EXHIBIT “A”
A. Scope of Services.

Contractor agrees to perform professional services as required by City, which shall consist of the ____________________ services further described in the Scope of Services submitted with the proposals dated ___________________, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated _____________________, which are included in this document as Attachment 2. Total fee is not to exceed $________________. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

This Agreement shall be effective from the period commencing __________________, and ending ___________________, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to four additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premisesoperations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
[56]

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Lemon Grove and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City: City of Lemon Grove
3232 Main Street
Lemon Grove, CA 91945
To Contractor: Complete Name and Address
[57]

GUARANTY
To the City of Lemon Grove, City Council, for:

Street Sweeping Services for
City of Lemon Grove Department of Public Works
The undersigned guarantees the work included in this project(s).

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Agreement is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
_______________________________
Contractor
_______________________________
Date
**TO BE SUBMITTED WITH EXECUTED AGREEMENT**

[58]
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Agreement has been awarded shall sign the following certificate and shall submit same to the City of Lemon Grove prior to performing any work on the Agreement:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

Contractor
By:

Title

Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
**TO BE SUBMITTED WITH EXECUTED AGREEMENT**
City Council Public Comment
February 7, 2023
From: Barbara Gordon <[email protected]>
Sent: Monday, February 6, 2023 11:27 AM
To: Racquel Vasquez <[email protected]>; George Gastil <[email protected]>; [email protected] <[email protected]>; Jennifer Mendoza <[email protected]>; Alysson Snow <[email protected]> Subject: Non-agenda Public Comment
Dear City Council Members,
February is American Heart Month, a time when people can focus on their cardiovascular health. We all need to take our heart health seriously.

We know the research regarding smoking tobacco is a major cause of heart disease and stroke but did you know that smoking marijuana is also associated with these same problems.

According to Matthew Springer a cardiovascular researcher and Associate Professor of Medicine at UC San Francisco “Smoke is smoke. Both tobacco and marijuana smoke impair blood vessel function similarly.

People should avoid both, and governments who are protecting people against secondhand smoke exposure should include marijuana in those rules.”
Despite public awareness that tobacco secondhand smoke is harmful, many people still assume that marijuana secondhand smoke is benign. Debates about whether smoke‐free laws should include marijuana are becoming increasingly widespread as marijuana industry grows.

To reduce the prevalence of all smoking, evidence suggests reducing the number of tobacco retailers and marijuana outlets in the city, especially near youth sensitive areas.

I urge the City Council to take the lead on this. Your actions will increase community buy-in and public support, which is essential for the reducing smoking prevalence of young adults.

Thank you,
Barbara Gordon
City Council Public Comment
February 7, 2023
I’d like to submit the following public comment this evening:

Please agendize graffiti abatement. I understand there are funds allocated from the San Diego Board of Supervisors available for our city. Do we need to apply? Who on our staff would start the application process? Our teams observations over the past couple years tell a story of neglect and criminality along our business district. Thank you council and staff for considering action and for your dedicated problem solving for the future state of our small and malleable community.

Humbly,
Joshua Klein
--
Joshua Klein SOC Ret.

Lemon Grove 91945
City of Lemon Grove

REGULAR CITY COUNCIL MEETING
FEBRUARY 7, 2023

CALL TO ORDER

PLEDGE OF ALLEGIANCE
Former Councilmember Tom Clabby
“I have a great
passion for Lemon
Grove. I want to see
this little City survive
and enjoy the fruits of
our labor”…Tom
Clabby

CHANGES TO THE AGENDA
Presentation
Sheriff’s Harm Reduction Kit Program
San Diego County
Sheriff’s Department
Harm Reduction Kit
Program
Opioid Epidemic
• Overdose is Leading Cause of Accidental Death in the
United States
• 107,375 Drug Overdose Deaths Nationwide in 2021
• 80,000 of Deaths Were Opioid-Related
• 9 out of 10 Opioid-Related Deaths were Due to Fentanyl • 814 Fentanyl Deaths in SD County in 2021
• This is an 869% Increase Since 2017
Purpose of Harm Reduction Kit
Program:
•Distribute Lifesaving Medicine to Community
At-Large for Immediate Use
•Reduce Number of Opioid-Related Deaths in
San Diego County
•Save Lives
Program Partners
Harm Reduction Kit
•Two Doses of Naloxone* Nasal Spray
* ”Narcan” is Trade Name
•Opioid Overdose Prevention Brochure
•General Opioid Information
• Recognition of Opioid Overdose Effects
• How to Administer Naloxone
•Training Video QR Code
Harm Reduction Kit

Common Questions
•Who is Paying for This?
• Opioid Settlement Funds
•Is There Liability for Using Naloxone?
• No: Follow Guidelines in Brochure & Watch Video
•Where Can I Get an HRK?
• Any Sheriff’s Deputy on Patrol
• Any Sheriff’s Station
• Tonight, After City Council Meeting Concludes
Lemon Grove Sheriff’s
Substation
Public Lobby Open Monday –Friday 8 AM to 4
PM
3240 Main Street, Lemon Grove, CA 91945
(619) 337-2000
Presentation
Presentation of the Government
Finance Officers Association Budget
Award

PUBLIC COMMENT
• Please fill out and submit a speaker slip to the City Clerk BEFORE the item on the agenda has been heard at the City Council Meeting to address the Council.
• Speaker slips are located at the entrance of the Chambers.

ALL SPEAKERS RELATING TO PUBLIC COMMENT WILL HAVE 3 MINUTES TO ADDRESS COUNCIL UNLESS OTHERWISE INDICATED BY THE MAYOR.

CONSENT CALENDAR

2. REPORT TO COUNCIL
Award of Agreement (No. 2023-03) with
Sweeping Corp of America for Street
Sweeping Services
RECOMMENDATION:

Adopt Resolution awarding an agreement with
Sweeping Corp of America (SCA) for street sweeping
services and authorize the City Manager to execute
the necessary documents.

CITY COUNCIL REPORTS ON MEETINGS

ATTENDED AT THE EXPENSE OF THE CITY

CITY MANAGER REPORT

AJOURNMENT