Item 3D - 2023-01-17 — Santa Maria City Council, January 17, 2023

FOR THE COUNCIL MEETING OF JANUARY 17, 2023

COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Assistant City Manager
SUBJECT: DEBRIS REMOVAL SERVICES
RECOMMENDATION:

That the City Council adopt a Resolution approving an Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions for one year with the option to extend by mutual parties' consent.

BACKGROUND:

On a regular basis, City staff responds to Santa Maria residents' and business owners' concerns of nearby abandoned debris from encampments of unhoused individuals and hires local trash hauling services to assist. City staff has identified a need for regularly scheduled debris removal services.

DISCUSSION:

In October 2022, the City issued the attached Request for Proposals (RFP) for non - budgeted debris removal services (Attachment A) and solicited written proposals from private contractors to supply all methods, materials, equipment, and labor to provide services to remove debris from City property, City drainage facilities, public property, and/or private property.

In accordance with City Purchasing Guidelines, "For items not identified or approved in the budget, departments are to gain approval to seek bids from the City Manager prior to soliciting bids. Thereafter, the City Council is to make the award to the successful bidder." For maintenance repairs and service ' contracts of $75,000 or more, departments are required to conduct a formal bidding process and encumber service via contract or purchase order following City Council's award of contract after bids are received and evaluated.

The City posted the RFP for Debris Removal Services to the City's website, distributed the RFP to local trash hauling companies, and received one proposal. 2 Mexicans, LLC dba 2M Waste Solutions submitted a proposal combining hourly wages, number of employees needed, and weight of garbage taken away (Attachment B) with each monthly billed task "not to exceed" $15,000. It is the intent of the City to award 2 Mexicans, LLC the contract for debris removal services for one year with the option to extend no more than four years by mutual parties' consent. 1 Alternatively, the City could continue to hire local trash hauling services to .remove debris from encampments on an as -needed basis; however, this actioncould. delay trash removal due to scheduling availability.

Environmental Review
In accordance with State CEQA Guidelines Section 15061(b)(3), the recommendation to approve the Resolution is exempt from California Environmental Quality Act (CEQA) review in compliance with Section 15061(b)(3) (No possibility of an impact on the environment).

Fiscal Considerations
The cost to adopt a Resolution approving the Agreement for Professional Services for debris removal services is estimated to not exceed $85,000 annually. This non - budgeted cost will be financed through American Rescue Plan Act (ARPA) funds, as ARPA funding can be utilized to assist cities in addressing impacts of homelessness.

There is sufficient ARPA funding available to fund the agreement with 2 Mexicans, LLC for one year, with the option to extend one additional year by mutual parties' consent.

Impact to the Community
It is the City's intent to continue responding to concerns of abandoned debris from encampments in a timely manner through the adoption of the Resolution approving Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions for debris removal services. Adopting the Resolution will allow 2 Mexicans, LLC to remove debris from City property, City drainage facilities, public property, and/or private property on a regular basis, thus enhancing the City's ability to continue providing effective services to the community and address impacts of homelessness.

ANDREA M MONTES
City Manager's Office Project Manager

NDI'REWN-HACKLEMAN
Assistant City Manager
Attachments A: Request for Proposals for Debris Services B: 2 Mexicans, LLC dba 2M Waste Solutions Proposal
C: Agreement for Professional Services

City of Santa Maria

REQUEST FOR PROPOSALS

DEBRIS REMOVAL SERVICES
ISSUING OFFICE:

City of Santa Maria
City Manager's Office
110 East Cook Street
Santa Maria, California 93454
SUBMITTAL: One (1) original and two (2) copies must be received on or before 4:30 p.m., November 10, 2022.

PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL BE DEEMED UNRESPONSIVE AND RETURNED UNOPENED TO THE PROPOSER.

Attachment B

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Table of Contents
REQUEST FOR PROPOSALS 1

1.1 Project Description 3

1.2 Information 3

1.3 Important Notice 3

1.4 Definitions 3

1.5 Contracting Agency 4

1.6 Legal Responsibilities 4

1.7 Joint Offers 4

1.8 Business Tax Certificate 4

1.9 Withdrawal of Proposals 5

1.10 Rejection of Proposals 5

1.11 Evaluation/Award of Contract 5

1.12 Proposal Pricing Guidelines 6

1.13 Proprietary Information 7

1.14 Tentative Selection Schedule 7

2.1 Introduction 9

2.2 Term of Contract 9

2.3 Scope of Work 9

2.4 General Instructions 11

2.5 Competitive Selection 11

2.6 Selection and Evaluation Factors 11

2.7 Inquiries 12

2.8 Proposal Acceptance Period 12

2.9 Contract Incorporation 12

2.10 Negotiations 12

2.11 Proposal Format 13
SECTION 3 — SAMPLE AGREEMENT 15
EXHIBIT "A" 19
EXHIBIT "B" 21
EXHIBIT "C" 22

City of Santa Maria
Debris Removal Services

PUBLIC NOTICE

REQUEST FOR PROPOSAL
This request for proposal shall be considered the Proposal Documents. SEALED PROPOSALS must be received by the City Manager's Office, mailed to City of Santa Maria, 110 East Cook Street, Santa Maria, CA 93454 no later than 4:30 p.m., November 10, 2022. NO PROPOSALS WILL BE ACCEPTED AFTER THIS TIME AND DATE.

PROPOSALS WILL REMAIN SEALED AND UNOPENED UNTIL THE NEXT BUSINESS DAY. PROPOSALS WILL NOT BE PUBLICLY OPENED.

DEBRIS REMOVAL SERVICES
Contract documents may be inspected and obtained in the office of The City Manager's Office, City of Santa Maria, 110 East Cook Street, Santa Maria, California 93454.

No proposer shall discriminate in employment practices on the basis of race, color, national origin, ancestry, disability, gender, or religion.

No qualified handicapped person shall, on the basis of handicap, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any matter leading to the award of contract.

The right is reserved by the City of Santa Maria to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted, and to award the contract according to the proposal which best serves the interests of the City.

Requests for information or clarification must be submitted IN WRITING and received by the City Manager's Office Project Manager no later than 4:30 p.m. on November 4, 2022. Requests may be submitted via e-mail to: amontes citvofsantamaria.orq.

Dated this 17th day of October 2022, at Santa Maria, California.

By: Andrea M Montes
City Manager's Office Project Manager
City of Santa Maria, California
Publication Date: October 17, 2022

SECTION 1 - INSTRUCTIONS AND CONDITION

City of Santa Maria
Debris Removal Services

1.1 Project Description
The City of Santa Maria is requesting technical and cost proposals from qualified and experienced contractors to provide Debris Removal Services from City property, City drainage facilities, public property, and/or private property.

One (1) original, two (2) paper copies and one (1) electronic copy on a USB Flash Drive of the proposal are to be received by the City Manager's Office, City of Santa Maria, 110 East Cook Street, Santa Maria, CA 93454 no later than 4:30 p.m., November 10, 2022.

1.2 Information
The City of Santa Maria City Manager's Office is issuing this Request for Proposals.

Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the City Manager's Office Project Manager at (805) 925-0951 extension 2206.

Any revisions to the Request for Proposals will be issued and distributed as Addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposals. Failure to adhere to this policy may be grounds for rejection of proposal.

1.3 Important Notice
The City of Santa Maria will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given.

If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective proposers who have secured same. However, it will be the responsibility of each prospective proposer, prior to submitting its proposal, to contact the City Manager's Office Project Manager, City of Santa Maria, 110 East Cook Street, Santa Maria, CA 93454, (805) 925-0951 extension 2206 to determine if addenda were issued, and to make such addenda a part of their proposal.

1.4 Definitions
I. "Agency" refers to the City of Santa Maria, an Agency established under the laws of the State of California.

City of Santa Maria
Debris Removal Services
"Days" refers to working days of the City of Santa Maria when used in context with Agency's proposal protest procedures.

3. The terms "file" or "submit" refer to the date of receipt by Agency.

4. "Interested party" includes all proposers on the contract or procurement. The term may also include a subcontractor at any tier who shows that it has a substantial economic interest in a provision of the Request for Proposals (RFP) or of the interpretation of such a provision.

5. "Local" as used herein refers to the County of Santa Barbara and the State of California. When used in conjunction with the phrase "laws and regulations" it is construed to mean only those laws or regulations associated with the provision of public mass transportation and the use of public funds. It is not construed to include the purchasing and/or protest procedures used by either of the aforementioned entities.

6. "RFP" as used herein, also includes the term "offer" or "RFP" as used in the context of negotiated procurements.

7. "Project Manager" as used herein refers to the Project Manager with the City of Santa Maria City Manager's Office.

1.5 Contracting Agency
The City of Santa Maria City Manager's Office will administer the contract resulting from this Request for Proposals.

1.6 Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature, whether the same or expressly referred to herein or not.

1.7 Joint Offers
Where two or more proposers desire to submit a single proposal in response to this RFP, they should do so on a prime -subcontractor basis rather than as a joint venture.

The Agency intends to contract with a single firm and not with multiple firms doing business as a joint venture.

1.8 Business Tax Certificate

City of Santa Maria
Debris Removal Services
Possession of a City of Santa Maria Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Contractor .shall be required to possess, at its own expense, a valid and current City of Santa Maria Business Tax Certificate prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Santa Maria. For additional information, contact the City of Santa Maria Finance Division at (805) 925-0951 ext. 2422.

1.9 Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals only by written request filed with the City Manager's Office Project Manager. The request shall be executed by the offeror or his/her duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

1.10 Rejection of Proposals
Failure to meet the requirements of the Request for Proposals (RFP) will be cause for rejection of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any kind, or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the sole opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

1.11 Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the qualifications and evaluation criteria outlined in the RFP. Brochures or other promotional presentations beyond that which is deemed sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary and will not affect the evaluation process.

The City of Santa Maria reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipate initiative and ability of the proposer to perform the services set forth herein.

City of Santa Maria
Debris Removal Services
The City of Santa Maria reserves the right to reject any or all proposals, to waive any requirements, both the City's and those proposed by the proposer; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re -advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered; and to evaluate in its absolute discretion, the proposal of each proposer, so as to select the proposer which best serves the requirements of the City, thus providing that the best interest of the City will be served. Proposer's past performance, and the City's assurance that each proposer will provide service as proposed, will be taken into consideration when proposals are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer's submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City's sole discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses, or other monies due the City of Santa Maria.

The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

1.12 Proposal Pricing Guidelines
Contractor shall provide proposed fees and cost information as a part of this Request for Proposals. Contractor must submit both an hourly fee schedule and a monthly not to exceed amount. Contractor must submit monthly hourly estimates per task.

City of Santa Maria
Debris Removal Services
City will consider both the not to exceed amount per task and the hourly rates when making its consideration based on the reasonableness of the estimated hours per task. Fee schedules submitted inresponse to this Request for Proposals shall identify hourly rates and hours dedicated to Project and be no higher than the proposer's standard commercial rates for same services. Monthly bills will be based on a time and materials basis utilizing Contractor's proposed fee schedule, supported by a time accounting. Monthly bills for each Task are subject to a not- toexceed amount as proposed. Additional tasks will be based on the proposed rate schedule and will be billed on a time and materials basis. Fees submitted may be used as a basis of negotiation with the successful Contractor.

1.13 Proprietary Information
The proposals received shall become the property of the City of Santa Maria and are subject to public disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7 and are reasonably marked as "Trade Secrets", "Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law.

Proposers who indiscriminately and without justification identify most or all, of their proposal as exempt from disclosure may be deemed nonresponsive.

1.14 Tentative Selection Schedule
• Issuance of RFP OCTOBER 17, 2022
• Question Submission Deadline 4:30 p.m., NOVEMBER 4, 2022 ▪ RFP Submission Deadline 4:30 p.m., NOVEMBER 10, 2022
• Award of Contract DECEMBER 1, 2022
▪ Initiation of Contract JANUARY 3, 2023

City of Santa Maria
Debris Removal Services
SECTION 2 - PROJECT OVERVIEW

City of Santa Maria
Debris Removal Services

PROJECT OVERVIEW

2.1 Introduction
The City of Santa Maria (City) is soliciting written proposals from private Contractors to supply all methods, materials, equipment, and labor to provide services to remove debris from City property, City drainage facilities, public property, and/or private property. Debris may consist of discarded items but is not limited to, trash, tires, metals, recyclables, wood, clothing, food, fecal matter, drug paraphernalia, or other materials left in locations requiring clearance.

City property includes any City Park or property owned by the City, and drainage facilities Public and private property may include but are not limited to sidewalks, commercial driveways, parking lots, breezeways, freeway underpasses, railroads, streets, vacant lots, and alleys. Other locations may be added upon mutual agreement between City and Contractor.

Proposers must respond to the information contained herein.

2.2 Term of Contract
The term of the agreement shall be one (1) year, with the option to renew by mutual consent of both parties. The awarding of this agreement in no way guarantees or otherwise assumes the possibility of either a renewal, extension or expansion of the original two-year term and extension.

2.3 Scope of Work
A. Debris Removal Services
Contractor shall coordinate work required under this Agreement with the City Manager's Office or its authorized personnel upon request for services by the City.

Trash and debris removal must be performed under the direction of the City Manager's Office or its authorized personnel. Removal of other materials left at the property must be performed under the direction of the Police Department, so that disposition of private property (e.g., personal belongings) is properly documented.

Contractor shall transport any such private property in appropriate holdingcontainers to the Santa Maria Regional Landfill. Needles and other sharps -related items shall be properly disposed of in a sharp's container prior to transportation to the Santa Maria Regional Landfill's Household Hazardous Waste Facility. At no charge to the

City of Santa Maria
Debris Removal Services
Contractor, the City will receive sharp containers collected during execution of work required under this Agreement.

Contractor is expected toemploy all personal protective equipment (PPE) necessary for handling human waste, drug paraphernalia, and vermin laden debris. Confined space conditions may occur and therefore staff must be adequately trained prior to commencing work under this Agreement. Contractor shall conduct work in a manner that will not impair the operational capabilities of the drainage facilities and best management practices will be followed.

B. Commencement of Service
The Contractor to whom award is made shall execute a written agreement with the City and provide the required insurance endorsements as specified in Section 2.05 within ten (10) calendar days after notice of the award has been sent by mail to the awardee at the address provided in the proposal and shall begin work within five (5) calendar days after being issued a notice to proceed. Commencement of services is expected on or around January 3, 2023.

C. Agreement Assignment and Use of Sub -Contractors
The Contractor shall not assign, transfer, convey or otherwise dispose of the agreement or its right, title or interest, or its power to execute such an agreement to any individual or business entity of any kind without the previous written consent of the City. The Contractor shall not employ the services of any sub -contractor in the performance of the agreement without the prior consent from the City's agreement coordinator.

D. Schedules and Reports
The Contractor shall submit, for City approval, a schedule for completion of monthly, quarterly, semi-annual and annual tasks.

E. Communications with the City
Prior to the start of work, the Contractor shall provide the City with the name of the authorized representative.

The Contractor shall provide telephone numbers at which the representative's may be contacted during normal City business hours (Monday through Friday, 8:00 A.M. to 5:00 P.M.)

City of Santa Maria
Debris Removal Services
The City's agreement coordinator or designee, shall decide any and all: questions which may arise as to the quality or acceptability of service and as to the manner of performance.

F. Changes
By mutual consent, the City and the Contractor may make alterations to the scope of work, such as the addition or deletion or reduction in the frequency of tasks. Any such changes will be set forth in an agreement amendment, which will specify the work to be done, and the basis of compensation. An agreement amendment will not become effective until it has been approved by both parties and received by the Contractor.

H. Invoice Procedure
The Contractor shall present one (1) copy of a monthly invoice detailing the work and hours performed during the preceding month. City reserves the right to dispute bills and withhold payment. Payment shall be made once per month based on the nondisputed billable charges for the previous month.

In accordance with Accounts Payable Procedure Guidelines, accounts payables are processed every two weeks, net thirty (30) days from the date invoice is accepted by authorized City staff.

2.4 General Instructions
See Exhibit "A" for the list of SERVICES TO BE PROVIDED.

2.5 Competitive Selection
The successful contractor shall be selected by the City of Santa Maria on a rational basis.

Evaluation factors outlined in Paragraph 2.6 below shall be applied to all eligible responsible and responsive proposers in comparing proposals and selecting the successful proposal.

A proposer may be selected without discussion after proposals are received.

Therefore, proposals should be submitted on the most favorable terms.

Please review Section 2.11 for a description of the proposal format.

2.6 Selection and Evaluation Factors

City of Santa Maria
Debris Removal Services
Each proposal will be evaluated and ranked by City of Santa Maria. Evaluation factors to be considered, and the corresponding weight for each, shall be as follows:
• EXPERTISE IN DISPOSAL OF SOLID AND HAZARDOUS WASTE 50% • PROFESSIONAL REFERENCES 25%
• AMOUNT OF PROPOSAL 25%
The City, at its sole discretion, may request an oral presentation or discussion with the most qualified proposer (s).

2.7 Inquiries
Inquiries must be submitted in writing. City shall attempt to provide to all, using information submitted in proposals, material information provided to one potential proposer. Proposers rely on oral information at their own peril. Failure to adhere to this requirement could render your proposal non -responsive. All inquiries shall be directed to the Project Manager, City of Santa Maria, 110 East Cook Street, Santa Maria, CA 93454.

2.8 Proposal Acceptance Period
All proposals must include a statement that proposals are valid for a minimal period of sixty (60) days subsequent to the submission deadline.

2.9 Contract Incorporation
Proposer should be aware that the City of Santa Maria's attached "agreement", including its insurance requirements and all other terms and conditions, are a part of these Proposal Documents, should be considered by the Contractor in making their proposal, and shall become the actual contract document upon award. The terms and conditions defined in Section 3 of this RFP are to be used as a basis for a contemplated contract. Any modifications to this recommended sample contract will require prior negotiations and approval of the City. Failure of a proposer to accept this obligation may result in the rejections of its proposal or cancellation of any award. Any damages accruing to the City as a result of a proposer's failure or refusal to execute a contract with the City, if awarded the contract, may be recovered from the Contractor.

The requirements of Request for Proposals Dated OCTOBER 17, 2022, on file at the City Manager's Office, 110 East Cook Street, Santa Maria, CA 93454, are hereby incorporated by reference.

City of Santa Maria
Debris Removal Services

2.10 Negotiations
The City of Santa Maria reserves the right to negotiate all elements which comprise the proposal to ensure the best possible consideration for all concerned.

2.11 Proposal Format
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit a complete proposal in the required format shall be considered non -responsive.

A. Letter of Transmittal
B. Table of Contents
C. Project Understanding
D. Scope of Work
E. Relevant Experience with Professional References

City of Santa Maria
Debris Removal Services
SECTION 3 - SAMPLE AGREEMENT

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on , by and between, a California Corporation ("Contractor") or a Contractor (hereinafter referred to as "Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves performance of professional and technical services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and WHEREAS, City has requested Contractor to perform services for Project; and WHEREAS, Contractor is registered or licensed in California to perform professional and technical services for Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.
,\ \

2. General.

2.01. Term and Termination. The term of this contract is one year, beginning on the date first written above. This contract may be extended by mutual consent of the parties.

This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02.Services to be Performed. Contractor shall determine the method, details, and means of providing g?ant consulting services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."

2.03. Citv's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."

2.06. Exhibits. The Request for Proposal is incorporated by Reference. Exhibits "A," "B," and "C" are attached and incorporated.

3. Contractor's Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the City and a representative of Contractor listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

Attn.
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full forte and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.

4.10 Prevailing Wane: Prevailing Wage If applicable, Contractor and all sub -Contractors are required to pay the general prevailing wage rates of per diem wages are overtime and holiday wages determined by the Director of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.qov and is referred to and made part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. [SIGNATURE PAGE FOLLOWS]

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

CONTRACTOR CITY OF SANTA MARIA,
a California limited liability company a political subdivision of the State of California NAME
President
Vice-President/Secretary
ALICE M. PATINO
Mayor
ATTEST:

Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney

EXHIBIT "A"
CONSULTANT — SERVICES TO BE PROVIDED

PROJECT UNDERSTANDING
Contractor to supply all methods, materials, equipment, and labor to provide services to remove debris from City property, City drainage facilities, public property, and/or private property. Debris may consist of discarded items but is not limited to, trash, tires, metals, recyclables, wood, clothing, food, fecal matter, drug paraphernalia, or other materials left in locations requiring clearance.

SCOPE OF WORK
Contractor shall coordinate work required under this Agreement with the City Manager's Office or its authorized personnel upon request for services by the City. Trash and debris removal must be performed under the direction of the City Manager's Office or its authorized personnel. Removal of other materials left at the property must be performed under the direction of the Police Department, so that disposition of private property (e.g.; personal belongings) is properly documented.

Contractor shall transport any such private property in appropriate holding -containers to the Santa Maria Regional Landfill. Needles and other sharps -related items shall be properly disposed of in a sharp's container prior to transportation to the Santa Maria Regional Landfill's Household Hazardous .Waste Facility. At no charge to the Contractor, the City will receive sharp containers collected during execution of work required under this Agreement.

Contractor is expected to employ all personal protective equipment (PPE) necessary for handling human waste, drug paraphernalia, and vermin laden debris. Confined space conditions may occur and therefore staff must be adequately trained prior to commencing work under this Agreement. Contractor shall conduct work in a manner that will not impair the operational capabilities of the drainage facilities and best management practices will be followed.

SCHEDULE
The City will coordinate with the Contractor two designated cleanup days per month on a rotating schedule. City Staff will provide a location list to the Contractor for the scheduled cleanups a minimum of three days in advance. Any location on the provided list that did not get cleared on a scheduled day will be cleared on the following scheduled cleanup date unless City and Contractor agree to add an additional cleanup date. The City can cancel any cleanup date at any time but will make all efforts to cancel a cleanup date a minimum of three days in advance. Most work will be scheduled during typical

business hours, but may occasionally be requested on a weekend. Weekend work may be billed at one and half (1%) times the bid rate.

EXHIBIT "B"

PAYMENT TERMS
The Contractor shall present one (1) copy of a monthly invoice detailing the work and hours performed during the preceding month. City reserves the right to dispute bills and withhold payment. Payment shall be made once per month based on the non -disputed billable charges from previous month. In accordance with Accounts Payable Procedure, accounts payables are processed every two weeks, net thirty (30) days from the date invoice is accepted by authorized City staff.

EXHIBIT "C"

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, or employees. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Contractor's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.

4. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experiencejnsuter, cove-rage,'or other special circumstances.

2 MEXICANS LLC
Mailing: P.O. Box 4857, San Luis Obispo, Ca, 93403
Physical: 1035 Magnolia Dr. Arroyo Grande
Bus Phone: 805.440.1295
Website: www.2Mexicans.com
To The City of Santa Maria,
Thank you for allowing 2Mexicans, LLC dba "2M Waste Solutions" the opportunity to bid on DEBRIS REMOVAL SERVICE. In this document we will list our pricing structure, along with some work experience and references. "2 Mexicans LLC" is often referred to as "2M" for short which is how we will be represented in this document. "2M" is submitting this bid to secure a contract for the length of 1 year and potential extension for the City of Santa Maria, in assisting to keep the streets, parks and waterways clean and clear of debris; whether produced by transient related encampments and/or any other cause.
2M has been doing business on the Central Coast for 10 years and has provided transient debris cleanup for the last 5 years for SLO and Santa Barbara County. 2M currently works with the cities of: Grover Beach, Oceano, Pismo Beach, Morro Bay, San Luis Obispo, Atascadero, Templeton, and Paso Robles serving in this capacity.

Along with Highway Patrol(SLO, Templeton, Oceano), State Parks Department(SLO), and Streets Maintenance Division(SLO).
2M is knowledgeable in the removal of Solid/Green/Hazardous Waste in accordance to the city it has been removed from. 2M currently holds and/or has Attachment A

previously secured multiple contracts for the city and county of San Luis Obispo including but not limited to; Homeless Encampment Cleanups, special collections services, litter abatement, dumpster rentals, tri-weekly trash can waste removal for every park in San Luis Obispo, Baseball Field Prep, Shopping Cart recovery/removal/ recycle, monthly pedestrian right of way and bicycle path cleanups. "2M" has crews ready and available to assist The City of Santa Maria with the proposed work and any other industry related projects the that Santa Maria may need as soon as needed.

Thank You,
Julian Mora
Owner/Operator
805.440.1295
[email protected]
Table of Contents
Letter of Transmittal Page 1-2
Table of Contents Page 2
Project Understanding Page 3
Scope of Work Page 3-6
Pricing Structure Page 6-8
Relevant Experience with Professional References Page 9

Project Understanding
"2M" recognizes that Homeless Encampments have grown significantly in San Luis Obispo, and Santa Barbara County. As a result of this growth, encampments are causing major volumes of trash in areas that we cannot have them. Waterways, Right of Ways, Roadways and our State Parks are suffering from leftover debris. Many fires have been caused by transient refuse. "2M" understands the need to handle these projects rapidly and efficiently. "2M" currently works for Santa Maria in this capacity and the neighboring cities and counties.

Scope of Work
As directed by Santa Maria, "2M" will provide all methods, materials, equipment, and labor to provide service to remove debris from City property, City drainage facilities, pubic property, and/or private property under the direction of the City Manager's Office or its authorized personnel. Debris may consist of discarded items but is not limited to, trash, tires, metals, recyclables, wood, clothing, food, fecal matter, drug paraphernalia, or other materials left in locations requiring clearance. Removal of other materials left at the property to be performed under the direction of the Police Department, so that disposition of private property (e.g., personal belonging) is properly documented.

"2"M will provide turnkey clean-up of temporary homeless encampment site(s) with the goal to keep Santa Maria CityParks or property owned by the City, and drainage facilities Public and private property which may include but is not limited to sidewalks, commercial driveways, parking lots, breezeways, freeway underpasses, railroads, streets, vacant lots and alleys. Other locations may be added upon mutual agreement between City of Santa Maria and "2M".
"2M" will clean-up temporary/homeless encampment site(s) as assigned by Santa Maria. Cleanup duties will include surveying the site(s), collecting debris, dismantling temporary structures, removing trash, and properly disposing of all debris and personal property. "2M" will dispose of materials excluded from disposal at the Landfill (i.e. hazardous waste, universal waste, medical waste, and other items banned from Landfill) at a site(s) permitted to accept such material.
"2M" will supply all labor, materials, tools, vehicles, training, protective clothing, protective gear, dumpsters, and other supplies that may be required to remove tons of debris, litter, and waste. "2M" will conform to all applicable occupational safety and health standards, rules, regulation and orders established by the State of California for this type of work. "2M" will provide its employees, agents, and/or subcontractors with appropriate safety apparel.

This apparel will include but not be limited to hardhats, safety glasses, vest, gloves, masks and leather (or adequately puncture resistant) boots. Such equipment, tools and protective gear will be sufficient for all conditions including job sites that may be located in heavy foliage, poison oak, steep embankments, next to train tracks, by creeks and rivers, and other areas requiring alertness to the environment and pre -planning to prevent injury or illness.
"2M" will follow best practices work procedures to safely manage any hazardous waste and/or materials that may be found on the job site, including urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat.
"2M" will coordinate with Santa Maria on as -needed basis to determine the scope for the encampment(s) clean-up. The scope will establish the project start date, period of work, size of the job, work location and the name and title of the on-site(s) "2M" representative, and the estimated not -to -exceed cost of the clean-up. "2M" will be responsible for the supervision/management of its crew and ensure all necessary safety procedures are followed.
"2M" will photograph the encampment site(s) before and after the cleanup to document the condition of the site(s) and the date of the cleanup. Photographs of

cleanup will be provided to the Santa Maria designated representative, electronically after completion of the cleanup, when requested.
"2M" will identify and tag certain items as "personal property" per city direction.

On a case -by -case basis, "2M" will transport identified personal property for storage to specified storage facilities as directed by Santa Maria designated representative. "2M" will immediately contact Santa Maria Police Department in the event that weapons are found at an encampment site.
"2M" will modify and/or remediate the affected area, such as trim shrubs and vegetation, as required in the work order as an encampment deterrent measure, provided that such abatement is conducted with the proper permits required by local, state and/or federal regulatory bodies.
"2M" will notify Santa Maria when the work is complete and provide a clean-up report for the site(s) including total weight of debris removed.

In the event that an adjacent homeless encampment is discovered in the general area during the course of a project, "2M" will notify Santa Maria designated representative for authorization before proceeding with any additional work that was not identified in the work scope.

"2M" will perform work in a timely and efficient manner and conduct themselves in a courteous and business -like fashion at all times. "2M" must wear personal protective equipment and follow other protocols established for encampment remediation. "2M" will coordinate disposal of all solid and hazardous waste and syringes with Santa Maria.

By mutual consent, the City of Santa Maria and "2M" may make alterations to the scope of work, such as the addition or deletion or reduction in the frequency of tasks.

Pricing
"2M" charges using a combination metric of hourly wage, number of employees needed and weight of garbage taken away. For debris removal; a minimum of 2 employees will be needed at each site. Weight of debris is charged at $525/Ton (landfill weight receipts are provided to support charges). When a Polaris 4x4 All Terrain Vehicle is needed, we provide the rental at $275/Day. There are extra "specialty" items the landfill will charge additional for. In the case that these items are inside the debris, the additional cost to dispose of those items will be included in the invoice. Monthly bills will be based on a time and weight basis utilizing contractors proposed fee schedule supported by a time accounting. Additional tasks will be based on the proposed rate schedule and will be billed on a time and weight basis. The maximum hours dedicated to 1 encampment is 4 hours. "Encampment" is defined as:

where 1 individual is living. Monthly Bills for each task are subject to a "not to exceed' amount of $15,000. "Not to exceed" amount submitted may be used as:a basis of negotiation to accommodate city budget requirements.

Fee Schedule
Labor Rates:
$125/Hour for 2 EMP
$175/Hour for 3 EMP
$225/Hour for 4 EMP
$265/Hour for 5 EMP
$300/Hour for 6 EMP
Waste Removal Tonnage Rate:
$525/Ton with provided receipts
Specialty Fees
Polaris Rental: $275
Excavator Rental: $700
Appliance: $25
Mattress/Box Spring: $15
Propane Tank: $10
Couch/Oversized Chair: $25
Dead Animal: $150
Vehicle Tire without Rim: $10
Vehicle Tire with Rim:$15

Relevant Experience with Professional References
Experience:
• 10 Years of General and Specialty Waste Removal including but not limited to:

Hoarding, Squatters, Bereavement, Probate, Commercial, etc. • 5 Years of Transient related Encampment Cleanup Public and Private Sector • Contracted for County of San Luis Obispo and Santa Barbara for Transient Debris Removal
• Currently works with the Cities of Santa Maria, Paso Robles, Grover Beach Atascadero, SLO Sheriff Dept. for Encampment Cleanups
• Worked with Oceano Sheriffs Dept, Los Osos Sheriffs Dept, Nipomo Sheriffs Dept cleaning up homeless encampments.
• Hired by "Corona Beer" and "United by Blue" to coordinate and remove 20,000+ lbs of Debris from Santa Maria Riverbed (2022)
• Twice Contracted by Vistra Energy Corp. - owner of the Old Morro Bay Powerplant for homeless encampment removal
• Holds Power Attorney for Excel Hotel Group to post and remove encampments, and provides monthly maintaining of cleared area.
• Cleared 240 yards of vegetation, removed for visibility, hired by City of Pismo Beach, under the direction of Pismo Beach Police
• Experience communicating with Fish and Game to ensure proper debris removal • Works in conjunction with Transitions Mental Health at encampment cleanups on a regular basis
• 9M pounds of debris removed (4500 tons)
• 5 Star Rated online
• BBB Accredited

References:

Greg Cruce
Deputy Director of Maintenance Operations, Public Works Department(SLO City) 805.781.7264
Nehemiah Stephenson
Public Works Supervisor(SLO City)
805.783.7813
Officer Terry Afana
Paso Robles Police(Community Actions Team)
805.227.7440
Officer Hayden Warner
San Luis Obispo Police (Community Actions Teams)
805.295.1464
Officer Jim Fellows
San Luis Obispo Sheriffs Department
805.440.9710
Dan Dixon
Park Ranger - Parks Department of SLO
805.431.4424
John Klevins
SLO Housing Authority (HASLO)
805.305.5650

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on January 17, 2023, by and between, 2 Mexicans, LLC dba 2M Waste Solutions (hereinafter referred to as "Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves performance of professional and technical services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested Contractor to perform services for Project; and WHEREAS, Contractor is registered or licensed in California to perform professional and technical services for Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination. The term of this contract is one year, beginning on the date first written above. This contract may be extended, not more than four (4) years by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective fourteen (14) days after deposit of notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing grant consulting services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."

2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit AGREEMENT PAGE1
ATTY/REV 2018

2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.

3. Contractor's Obligations.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City.

4. Miscellaneous

To City:

Attn. Andrea M Montes
Project Manager
City Manager's Office
City of Santa Maria
110 East Cook Street
Santa Maria, CA 93454
To Contractor:

Attn. Julian Mora
Owner/Operator
2 Mexicans LLC dba 2M Waste Solutions
P.O. Box 4857
San Luis Obispo, CA 93403
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

AGREEMENT PAGE 3
ATTY/REV 2018

4.10. Prevailing Wage: If applicable, Contractor and all sub -Contractors are required to pay the general prevailing wage rates of per diem wages are overtime and holiday wages determined by the Director of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

CONTRACTOR
2 Mexicans, LLC dba 2M Waste
Solutions, a California limited liability
company

JULIAN MORA
Owner/Operator

CITY OF SANTA MARIA,
a political subdivision of the State of California

JASON STILWELL
City Manager
ATTEST:

Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney
AGREEMENT PAGE4
ATTY/REV 2018

EXHIBIT "A"

CONTRACTOR - SERVICES TO BE PROVIDED

City property includes any City Park or property owned by the City, and drainage facilities Public and private property may include but are not limited to sidewalks, commercial driveways, parking lots, breezeways, freeway underpasses, railroads, streets, vacant lots, -and alleys. Other locations may be added upon mutual agreement between City and Contractor.

Contractor shall transport any such private property in appropriate holding -containers to the Santa Maria Regional Landfill. Needles and other sharps -related items shall be properly disposed of in a sharp's container prior to transportation to the Santa Maria Regional Landfill's Household Hazardous Waste Facility. At no charge to the Contractor, the City will receive sharp containers collected during execution of work required under this Agreement.

Contractor is expected to employ all personal protective equipment (PPE) necessary for handling human waste, drug paraphernalia, and vermin laden debris. Confined space conditions may occur and therefore staff must be adequately trained prior to commencing work under this Agreement. Contractor shall conduct work in a manner that will not impair the operational capabilities of the drainage facilities and best management practices will be followed.

not get cleared on a scheduled day will be cleared on the following scheduled cleanup date unless City and Contractor agree to add an additional cleanup date. The City can cancel any cleanup date at any time but will make all efforts to cancel a cleanup date a minimum of three days in advance. Most work will be scheduled during typical business hours, but may occasionally be requested on a weekend. Weekend work may be billed at one and half (11/2) times the bid rate.

AGREEMENT PAGE 6
ATTY/REV 2018

EXHIBIT "B"

PAYMENT TERMS
The Contractor shall present one (1) copy of a monthly invoice based on a time and weight basis utilizing contractor's proposed fee schedule below supported by a time accounting.

Additional tasks will be based on the proposed rate schedule and will be billed on a time and weight basis.

City reserves the right to dispute bills and withhold payment. Payment shall be made once per month based on the non -disputed billable charges for the previous month.

In accordance with Accounts Payable Procedure Guidelines, accounts payables are processed every two weeks, net thirty (30) days from the date invoice is accepted by authorized City staff.

Contractor's Progosed Fee:3chedule,._.

Labor rate for 2 employees
$125/hour
Labor rate for 3 employees
$175/hour
Labor rate for 4 employees
$225/hour
Labor rate for 5 employees
$265/hour
Labor rate for 6 employees
$300/hour
Waste removal tonnage rate
$525/ton with provided receipts
Polaris 4x4 all -terrain vehicle rental
$275/day
Excavator rental
$700/day
Appliance
$25
Mattress/box spring
$10
Propane tank
$10
Couch/oversized chair
$25
Dead animal
$150
Vehicle tire without rim
$10
Vehicle tire with rim
$15

AGREEMENT
ATTY/REV 2018
PAGE 7

EXHIBIT "C"

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Contractor's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

AGREEMENT PAGE 8
ATTY/REV 2018

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:

AGREEMENT PAGE 9
ATTY/REV 2018

5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

AGREEMENT PAGE 10
ATTY/REV 2018

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH 2 MEXICANS, LLC DBA 2M WASTE

SOLUTIONS FOR DEBRIS REMOVAL SERVICES FOR ONE YEAR WITH THE

OPTION TO EXTEND BY MUTUAL PARTIES' CONSENT
WHEREAS, on a regular basis, City staff responds to Santa Maria residents' and business owners' concerns of nearby abandoned debris from encampments of unhoused individuals and hires local trash hauling services to assist; and WHEREAS, in September 2022, following a discussion with the City Attorney's Office and Homeless Strategy Group members from City Attorney's Office, City Manager's Office, Community Development Department, Police Department, and Recreation and Parks Department, the City identified a need for regularly scheduled debris removal services; and
WHEREAS, in October 2022, the City Manager's Office issued a Request for Proposals for Debris Removal Services and solicited written proposals from private contractors to supply all methods, materials, equipment, and labor to provide services to remove debris from City property, City drainage facilities, public property, and/or private property.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions for debris removal services for one year with the option to extend by mutual parties' consent is approved; and

2. The City Manager or designee is authorized to execute the Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions and future amendments; and

3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 17th day of January 2023.

ATTEST:

Chief Deputy City Clerk
Mayor
APPRO -. - O F
/-
City Attorney
APPROVED AS TO ENT:

Department Director
ty Manager

Santa Maria City CouncilJanuary 17, 2023

Santa Maria City Council
January 17, 2023