(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $500,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
E. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the Contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Cal Engineering & Geology, Inc.
785 Ygnacio Valley Road
Walnut Creek, CA 94596
(925) 935-9771
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY ______________________________
Rene Mendez, City Manager
ATTEST:
BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
BY ______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
CAL ENGINEERING & GEOLOGY, INC.
BY_________________________________
Phil Gregory, Senior Principal Engineer
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
EXHIBIT "A"
SCOPE OF SERVICES
The scope of services is as follows:
As described in the September 29, 2021 letter, revised March 28, 2023, from Elijah Zane to Murray Fontes concerning a Proposal to Provide Trail Pavement Distress Evaluation and Mitigation Design Services Pennsylvania Drive Trail Embankment and Pavement Stabilization Watsonville, California.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
From the date of execution of the contract to June 30, 2025.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
EXHIBIT “C”
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $123,545.00.
b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made as follows and shall [not] include payment for reimbursable expenses:
As described in the September 29, 2022 letter, revised on March 28, 2023 from Elijah Zane to Murray Fontes concerning a Proposal to Provide Trail Pavement Distress Evaluation and Mitigation Design Services Pennsylvania Drive Trail Embankment and Pavement Stabilization
Watsonville, California
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this Contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation. r appropriate compensation.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
785 Ygnacio Valley Rd. | Walnut Creek | CA 94596
6455 Almaden Expwy., Suite 100| San José | CA 95120
23785 Cabot Blvd., Suite 321 | Hayward | CA 94545
www.caleng.com
Pragmatic Expertise™
Pragmatic Expertise™
29 September 2022
Revised 28 March 2023
Murray A. Fontes
Principal Engineer, Public Works & Utilities
City of Watsonville
250 Main Street
Watsonville, California 95076
RE: Proposal to Provide Trail Pavement Distress Evaluation and Mitigation Design Services Pennsylvania Drive Trail Embankment and Pavement Stabilization Watsonville, California
Mr. Fontes:
At your request, we prepared this proposal to provide investigation and design services for stabilizing a section of paved pathway upslope (east) of Pennsylvania Drive between Clifford Avenue and Winding Way in Watsonville, California. To prepare this proposal, we discussed the trail stabilization project with you and reviewed email correspondence between PG&E and the City regarding an existing gas line located within the trail footprint, and a geotechnical investigation report for the road portion of the site prepared by Pacific Crest Engineering (PCE).
The initial proposal provided to the City for the Pennsylvania Drive embankment and pavement stabilization (proposal dated 20 October 2021, revised 29 October 2021) included evaluation and mitigation design services for the upslope trail. However, per the City’s request, the scope of work and effort associated with the trail segment was removed.
It was assumed that the evaluation and design of mitigation measures for the trail would be addressed by the City at a future time. The final proposal approved for Pennsylvania Drive pavement distress evaluation and mitigation design did not include work associated with the trail.
It is our understanding that the City would like to revisit and complete an evaluation and mitigation design for the trail segment at this time, along with the ongoing Pennsylvania Drive pavement distress mitigation work (to be completed as separate projects).
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Proposal to Pavement Distress Evaluation and Mitigation Design Services Page 2 Pennsylvania Drive Trail Embankment and Pavement Stabilization 28 March 2023 Pragmatic Expertise™
BACKGROUND
Long-term pavement cracking and settlement issues have plagued approximately 1800 linear feet of trail directly north of Clifford Avenue. Cracking has been developing along the entire length of asphalt-paved trail upslope of the road between Clifford Avenue and Winding Way. The investigation and report prepared by PCE considered a 900-foot length of the roadway, but not the trail. Based on the findings and recommendations in the PCE report, the City prepared preliminary (30% design level) plans for stabilizing the road embankment and repaving a portion of the road. The City now plans to have Cal Engineering & Geology complete an investigation of the trail distress, develop recommended mitigation alternatives, and prepare complete (100% percent for bidding and construction) PS&E for stabilization and improvement of the asphalt-paved trail.
It is also our understanding that the City has been in contact with PG&E regarding an existing gas line located within the trail footprint. Distress observed along the trail alignment coincides with asphalt concrete cracking on either side of the gas line. In discussions with PG&E it was agreed that much of the major distress is likely attributed to settlement of trench backfill and the performance of dissimilar backfill materials. Research is currently being conducted by PG&E and the City to determine initial easement conditions and the level of responsibility PG&E and the City might have regarding repair/replacement of the trail.
PROPOSED SCOPE OF WORK
As we previously discussed, CE&G proposes to complete a phased scope of work to:
1) obtain as-built plans for the existing gas line located within the trail and/or complete potholing of the line to determine more accurate location and depth of the line, 2) investigate and characterize the distressed portions of the trail, and develop recommended mitigation measures to stabilize the embankment/subgrade areas underlying the trail pavements,
3) coordinate with PG&E regarding proposed mitigation measures for the trail to determine an approved alternative which satisfies City requirements and construction above an existing PG&E facility,
4) obtain a topographic survey, as needed, that will be sufficient for preparing complete PS&E for the project, and
5) prepare a complete set of plans, specifications, and engineer’s estimate (PS&E) for public bidding and construction and provide bidding assistance and engineering services during construction.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Proposal to Pavement Distress Evaluation and Mitigation Design Services Page 3 Pennsylvania Drive Trail Embankment and Pavement Stabilization 28 March 2023 Pragmatic Expertise™
Additional work related to permitting coordination is not included in this proposed scope of work.
Phase 1 – Characterize Site, Evaluate Cause(s) of Distress, Develop Alternatives The purposes of Phase 1 work will be to:
• evaluate the cause(s) and extents of the ongoing problems for the trail, • develop viable remedial measures to stabilize the trail embankment and the pavement subgrades for the trail and restore/repair the facilities, and • coordinate with the City to select a preferred alternative to stabilize and restore/repair the selected portions of the trail that is also consistent with PG&E construction above an existing facility.
For Phase 1, we will
a) complete site reconnaissance along the trail to photo document pavement distress and existing features,
b) provide a separate option to obtain a topographic survey from a subcontracted surveyor,
c) subcontract as needed potholing work to positively locate the existing PG&E gas line along with depth to their facility.
d) develop and implement a supplemental geotechnical investigation consisting of one day of drilling and sampling five to six shallow borings along the trail and a lab testing program to further characterize the trail embankment (if warranted) and trail subgrade materials and pavement structural sections,
e) identify and develop preliminary details, extents, and costs for potential long-term mitigation measures to stabilize the trail pavements,
f) prepare an alternatives memorandum with figures and preliminary costs estimates to document Phase 1 work,
g) meet with the City to review potential mitigation measures and to select a preferred alternative to design and construct,
h) meet and/or discuss proposed mitigation alternatives with PG&E for input and acceptance of a preferred alternative conducive to construction methods over an existing gas line,
i) coordinate with City staff and the City’s environmental consultant to identify potential environmental permitting needed to construct the selected alternative, j) provide project management and coordination.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Proposal to Pavement Distress Evaluation and Mitigation Design Services Page 4 Pennsylvania Drive Trail Embankment and Pavement Stabilization 28 March 2023 Pragmatic Expertise™
It is assumed that the City will lead environmental permitting efforts, and CE&G will provide limited support.
Phase 2 – Prepare Plans, Specifications, and Engineer’s Estimate The scope of work required to complete Phase 2 depends on the outcome of Phase 1 and the selected design alternative. We anticipate the work will include the following primary tasks. a) Site Visit
Before preparing the 35% PS&E, CE&G will schedule a site visit to identify any additional site constraints applicable to the preferred alternative and based on discussions with the City and PG&E.
b) 35% PS&E
The selected alternative will be developed and refined to a 35% design level, and a plan set will be prepared in 12 x 18 inch PDF format using AutoCAD Civil 3D 2021. During development of the plans, CE&G will coordinate with the City to confirm that acceptable AutoCAD standards are being used.
It is assumed that the PS&E for the trail project will be developed independently of the Pennsylvania Drive pavement distress mitigation PS&E package completed under a separate (previously approved) task order.
It is anticipated that the preliminary 35% plan set will include sufficient detail to outline the proposed design concepts and include the following sheets:
• Title Sheet
• General/Site Layout and Improvement Sheet Legend
• Stabilization/Improvement Plan Sheets
• Stabilization and Drainage Typical Section
• Pavement Structural Section
• Layouts and Pavement Elevations
• Trail Cross-sections
We will complete a quantity take-off, and a preliminary engineer’s estimate. We will estimate construction costs using average Caltrans bid items unit costs.
Deliverables
• 35% Plans
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Proposal to Pavement Distress Evaluation and Mitigation Design Services Page 5 Pennsylvania Drive Trail Embankment and Pavement Stabilization 28 March 2023 Pragmatic Expertise™
• 35% Engineer’s Estimate
Plans developed as part of the 35% submittal will also be provided to PG&E for review and comment with respect to their existing gas line located within the trail footprint. c) 70% PS&E
The 70% plan set will build off the 35% plan set and incorporate comments from both the City and PG&E regarding their existing gas line.
It is anticipated that the 70% plan set will include the following sheets:
• Title Sheet
• General/Site Layout and Improvement Sheet Legend
• Stabilization/Improvement Plan Sheets
• Stabilization Typical Sections
• Pavement Structural Sections
• Layouts and Pavement Elevations
• Drainage Plans and Profile
• Trail Cross-sections
• Demolition and Utility Locations
We will prepare the Specifications in a modified Caltrans format using Microsoft Word.
At the 70% level, the specifications will include major headings, limited information regarding the technical details, and measurement and payment clauses. We will refine the quantity take-off and update the engineer’s estimate.
Deliverables
• 70% Plans
• 70% Specifications
• 70% Engineer’s Estimate
d) 100% PS&E
The 100% plan set will build off the 70% plan set and incorporate comments from the City. The 100% plans will likely include the following sheets:
• Title Sheet
• General/Site Layout and Improvement Sheet Legend
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Proposal to Pavement Distress Evaluation and Mitigation Design Services Page 6 Pennsylvania Drive Trail Embankment and Pavement Stabilization 28 March 2023 Pragmatic Expertise™
• Stabilization/Improvement Plan Sheets
• Stabilization Typical Sections
• Pavement Structural Sections
• Layouts and Pavement Elevations
• Profiles/Superelevations
• Demolition, Utility Locations
• Water Pollution/Erosion Control Plan
• Drainage Plans and Profile
• Trail Cross-sections
We will extend the specifications to the 100% design level and provide them to the City for review in Word and PDF formats.
We will refine the engineer’s estimate and make it available to the City for review in PDF format.
We will complete engineering design calculations before the 100% PS&E to support refinement of the design. After the 100% PS&E submittal, we will prepare final design calculations that will be submitted as a separate deliverable. The final calculation package will be provided in PDF format and will be wet signed and stamped.
After submittal of the 100% PS&E, CE&G will meet with the City to discuss comments and review (modify if required) design concepts based on the City and project goals.
We will wet-sign and stamp the plans and specifications. Final plans will be plotted on 24 x 36 inches bond paper. We will also provide the plans electronically in full-size (24 x 36 inch) and half-size (12 x 18 inch) PDF format.
Deliverables
• 100% Plans
• 100% Specifications
• 100% Engineer’s Estimate
• Design Calculations
e) Provide project management and coordination
We will actively manage the project and coordinate with the City for the duration of the project. Principal Engineer Eli Zane, PE, GE will serve as project manager.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Proposal to Pavement Distress Evaluation and Mitigation Design Services Page 7 Pennsylvania Drive Trail Embankment and Pavement Stabilization 28 March 2023 Pragmatic Expertise™
f) Engineering services during bidding
CE&G will provide limited engineering support during project bidding for construction contract award. General tasks assumed included review of design-related Request for Information (RFI) during bidding and attending a single pre-bid project meeting (virtual or in-person).
PROJECTED LEVEL OF EFFORT AND COST
The projected cost to complete the described Phase 1 Scope of Work is $49,469. Our projected cost to complete the anticipated Phase 2 Scope of Work described is $74,076. A breakdown of the level of effort and cost estimate by task is presented in the attached table.
We will confirm the level of effort and cost for completing Phase 2 after the selected alternative is determined during Phase 1.
Schedule
Cal Engineering & Geology is prepared to begin working on this project immediately upon receiving notice to proceed. We estimate the following durations to complete each task.
Task 1a: Site reconnaissance – 1 week after NTP
Task 1b: Develop a design-level basemap Survey – 3 weeks after NTP Task 1c: Implement a supplemental geotechnical investigation – 6 weeks after NTP Task 1d: Identify and develop preliminary details, extents, and costs – 7 weeks after NTP Task 1e: Prepare an alternatives design memorandum – 9 weeks after NTP Task 1f: Meet with the City and select a preferred alternative – 10 weeks after NTP Task 1g: Coordinate with City and environmental consultant – 11 weeks after NTP Task 1h: Detailed scope of work to complete Phase 2 – 12 weeks after NTP Task 1i: Project management and coordination – throughout Phase1 Total Phase 1 – 12 weeks
We will be able to begin work on Phase 2 after Task 1e is complete. We will complete Phase 2 in about 12 weeks after that.
Assumptions:
• Field work for the trail is permitted only between 9 AM and 4 PM. • This project is a prevailing wage project for qualifying job classifications.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Proposal to Pavement Distress Evaluation and Mitigation Design Services Page 8 Pennsylvania Drive Trail Embankment and Pavement Stabilization 28 March 2023 Pragmatic Expertise™
EXECUTION
We will complete the proposed scope of work as a Task Order for the City of Watsonville as part of an On-call Services Agreement between Watsonville and Cal Engineering & Geology.
Our work will be completed in accordance with generally accepted civil and geotechnical engineering practices and procedures. This standard is in lieu of all warranties, either expressed or implied.
If the above scope of services and terms and conditions are acceptable to you, please prepare and execute a Task Order for the work as described. We look forward to working with you.
Sincerely,
CAL ENGINEERING & GEOLOGY, INC.
Elijah Zane, P.E, G.E.
Principal Engineer
Attachments: Level of Effort and Cost Projection
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93 Attachment Exhibit "A"
Fee Estimate For
Pennsylvania Drive Trail Embankment and Pavement Stabilization Watsonville, California
PrincipalSeniorProjectSenior GIS/CADD SpecialistProject AssistantSubtotalHoursSubtotalCostPermitsTopographic SurveyPotholingDrilling Sub./ EquipmentTraffic ControlUtility LocatorLaboratory TestingMileagePlottingSubtotalCostTotalCost DESCRIPTION $260 $215 $180 $155 $110
Phase 1 – Characterize Site, Evaluate Cause(s) of Distress, Develop Alternatives
a) site reconnaissance 6 6 12 $ 2,850 $ 103 $ 103 $ 2,953 b) as-needed topographic survey 2 2 $ 430 $ 6,500 $ 6,500 $ 6,930 c) potholing 2 10 12 $ 2,230 $ 9,500 $ 103 $ 9,603 $ 11,833 d) subsurface exploration (1 day, 4-5 shallow holes along trail) and lab testing 4 12 4 20 $ 3,460 $ 6,500 $ 1,500 $ 1,200 $ 103 $ 9,303 $ 12,763 e) develop conceptual alternatives for long-term mitigation and preliminary cost 2 2 16 6 26 $ 4,760 $ - $ 4,760
f) prepare alternatives memorandum 2 4 12 4 22 $ 4,160 $ - $ 4,160 g) meet w/ City to discuss alternatives and select preferred alternative (virtual) 3 3 6 $ 1,425 $ - $ 1,425
h) meet w/ PG&E to discuss preferred alternative relative to their existing gas line 3 3 6 $ 1,425 $ - $ 1,425
i) coordinate with City and City's environmental consultant to identify permitting requirements 4 4 $ 860 $ - $ 860
j) project management and coordination 6 2 4 12 $ 2,360 $ - $ 2,360 Phase 1 Total Hours 22 30 52 10 8 122 - - - - - - - - - - - Phase 1 Total Cost $ 5,720 $ 6,450 $ 9,360 $ 1,550 $ 880 - $ 23,960 $ - $ 6,500 $ 9,500 $ 6,500 $ - $ 1,500 $ 1,200 $ 309 $ - $ 25,509 $ 49,469 Phase 2 – Prepare Plans, Specifications, and Engineer's Estimates
a) design confirmation site visit 6 6 12 $ 2,850 $ 103 $ 103 $ 2,953 b) 35% Plans 2 16 26 50 94 $ 16,390 $ - $ 16,390
35% quantities and engineer's estimate 2 2 8 4 16 $ 3,010 $ - $ 3,010 c) 70% Plans 4 16 26 50 96 $ 16,910 $ - $ 16,910
70% Specifications 2 2 8 2 14 $ 2,610 $ - $ 2,610
70% quantities and engineer's estimate 2 2 8 8 20 $ 3,630 $ - $ 3,630 d) 100% Plans 2 10 18 44 74 $ 12,730 $ 200 $ 200 $ 12,930 100% Specifications 2 2 8 12 $ 2,390 $ - $ 2,390
100% quantities and engineer's estimate 1 2 8 4 15 $ 2,750 $ - $ 2,750 100% design calculations 2 8 12 22 $ 4,400 $ - $ 4,400
e) project management and coordination 10 4 4 18 $ 3,760 $ - $ 3,760 f) engineering services during bidding 2 8 10 $ 2,240 $ 103 $ 103 $ 2,343 Phase 2 Total Hours 37 74 126 160 6 403 - - - - - - - - - - - Phase 2 Total Cost $ 9,620 $ 15,910 $ 22,680 $ 24,800 $ 660 - $ 73,670 $ - $ - $ - $ - $ - $ - $ - $ 206 $ 200 $ 406 $ 74,076 Phases 1 & 2 Total Hours 59 104 178 170 14 525 - - - - - - - - - - - Phases 1 & 2 Total Cost $ 15,340 $ 22,360 $ 32,040 $ 26,350 $ 1,540 - $ 97,630 $ - $ 6,500 $ 9,500 $ 6,500 $ - $ 1,500 $ 1,200 $ 515 $ 200 $ 25,915 $ 123,545 Assumptions:
1. Assumed that drilling permit not required
2023 CE&G Rates
STAFFING
4/3/2023
Attachment Exhibit "A"
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
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3/28/2023
(617) 328-6555 (617) 328-6888
17370
Cal Engineering & Geology, Inc.
785 Ygnacio Valley Road
Walnut Creek, CA 94596
23035
33588
24319
A 1,000,000
X X ECPO1521598 1/1/2023 1/1/2024 300,000
includes Contractors 15,000
Pollution Liability 1,000,000
2,000,000
2,000,000
B 1,000,000
X X AS2-Z11-254100-023 1/1/2023 1/1/2024
A 5,000,000
FFX1521599 1/1/2023 1/1/2024 5,000,000
0 C
X WC6-Z11-254100-033 1/1/2023 1/1/2024 1,000,000 N 1,000,000 1,000,000
D Professional Liab 0313-6658 1/1/2023 Per Claim 1,000,000 D 0313-6658 1/1/2023 1/1/2024 Aggregate 1,000,000
If AI box is checked, GL Endorsement Form# BSUM1200 (10-21) applies, unless another additional insured endorsement is attached to this certificate. All Coverages are in accordance with the policy terms and conditions. Excess Liability, if listed above, sits in excess of the CGLI, Auto, Employers Liability, Drone Liability and Foreign Liability where required by written contract.
REF: Pennsylvania Drive - City of Watsonville, its appointed and elected officials, and its employees are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Waiver of Subrogation applies to General, Automobile Liability and Workers Compensation. Notice of Cancellation: It is understood and agreed that in the event of cancellation of the
SEE ATTACHED ACORD 101
City of Watsonville
City Clerk's office
275 Main Street, Suite 400
Watsonville, CA 95076
HALE&AL-01 CMURPHY
Ames & Gough
859 Willard Street
Suite 320
Quincy, MA 02169
[email protected]
Nautilus Insurance Company A+, XV
Liberty Mutual Fire Insurance Co, XV
The First Liberty Insurance Corporation
Allied World Surplus Lines Insurance Company
X
1/1/2024
X
X
X
X
X X
X
X X
X
X
X
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
Ames & Gough
HALE&AL-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
0 SEE P 1
Cal Engineering & Geology, Inc. 785 Ygnacio Valley Road Walnut Creek, CA 94596 SEE PAGE 1
CMURPHY
1 Description of Operations/Locations/Vehicles:
policy for any reason other than nonpayment of premium, 30 days written notice will be sent to the certificate holder by mail. In the event the policy is cancelled for non payment of premium, 10 days written notice will be sent to the above.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
BSUM-1200 (10-21) Page 1 of 2
POLICY CHANGES
POLICY CHANGE NUMBER:
POLICY NUMBER
ECPO1521598
POLICY CHANGES EFFECTIVE
1/1/2023
COMPANY
Nautilus Insurance Company
NAMED INSURED
Haley & Aldrich Inc
70 Blanchard Rd
Burlington, MA 01803
AUTHORIZED REPRESENTATIVE
COVERAGE PARTS AFFECTED:
Environmental Combined Policy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Additional Insured - Blanket - Owners, Lessees or Contractors This endorsement forms a part of the policy to which it is attached. Please read it carefully.
ADDITIONAL INSURED – BLANKET – OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following:
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
Who is An Insured (Section III) is amended to include as an insured:
1. Any person (s) or organization (s) for whom you are performing operations when you and such person
(s) or organization (s) have agreed in writing in a contract or written agreement that such person (s) or organization (s) be added as an additional insured on your policy, and
2. Any other person or organization you are required to add as an additional insured under a contract or agreement described in Paragraph 1. above.
Such Person(s) or organization(s) is an additional insured only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by:
1. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured; or
2. Your work performed for such person(s) or organizations(s) and included in the productscompleted operations hazard, only when required by the written contract or written agreement.
With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above, but only when required by written contract or agreement.
With respect to the insurance afforded to these additional insureds, the following is added to Section IV - Haley & Aldrich Eff: 1/1/23
GL Policy# ECPO1521598
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
BSUM-1200 (10-21) Page 2 of 2
Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph 1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions remain unchanged.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
BSUM-1200 (10-21) Page 1 of 1
POLICY CHANGES
POLICY CHANGE NUMBER:
POLICY NUMBER
ECPO1521598
POLICY CHANGES EFFECTIVE
1/1/2023
COMPANY
Nautilus Insurance Company
NAMED INSURED
Haley & Aldrich Inc
70 Blanchard Rd
Burlington, MA 01803
AUTHORIZED REPRESENTATIVE
COVERAGE PARTS AFFECTED:
Environmental Combined Policy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Notice of Cancellation to Designated Entities
Schedule
Name of Person(s) or Organization(s)
Where required by written contract and on file with the Company.
In consideration of an additional premium of $0 and notwithstanding anything contained in the policy to the contrary, it is hereby agreed and understood if the Company cancels this policy on or before the expiration date of the policy, the Company will mail or deliver to the person(s) or organization(s) shown in the schedule above, written notice of cancellation to the address included above not less than thirty (30) days prior to the effective date of cancellation or 10 days for non-payment of premium. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period.
This endorsement shall not apply if the policy is non-renewed for any reason.
All other terms and conditions remain unchanged.
Haley & Aldrich Eff: 1/1/23
GL Policy# ECPO1521598 DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
ECP 1262 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
(TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US)
DESIGNATED PERSON(S) OR ORGANIZATION(S) - COVERAGE A, B & D Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECPO1521598 1/1/2023 1/1/2024 1/1/2023
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
SCHEDULE
Name of Person(s) or Organization(s): As required by written contract executed prior to any claim or "suit"
I. The following is added to Paragraph 17. Subrogation of SECTION VII – CONDITIONS:
We waive any right of recovery against any person(s) or organization(s) shown in the SCHEDULE above because of payments we make under COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D – CONTRACTORS POLLUTION LIABILITY under this policy.
Such waiver by us applies only if:
1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and
2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss.
This endorsement applies only to the person(s) or organization(s) shown in the SCHEDULE above.
This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
Haley & Aldrich Eff: 1/1/23
GL Policy# ECPO1521598
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization where the Named Insured has agreed by written contract to include such person or organization as a Designated Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I Covered Autos Coverages of the Auto
Dealers Coverage Form.
Haley & Aldrich Eff: 1/1/23-1/1/24
POLICY NUMBER: AS2-Z11-254100
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
Policy Number: AS2-Zll-254100
Issued By: Liberty Mutual Fire Ins
Co
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
Schedule
Name of Other Person(s)/ Email Address or mailing
Organization(s): address:
Per schedule on file with Agent
Number
Days
Notice:
30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 01 0511 © 2011, Liberty Mutual Group of Companies. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Haley & Aldrich
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
AC 04 02 09 17 © 2017 Liberty Mutual Insurance Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
Schedule
Premium: $ Included
Name Of Person Or Organization: Where Required by Written Contract The Transfer Of Rights Of Recovery Against Others To Us condition is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization listed in the schedule of this endorsement because of payments we make for injury or damage arising out or your operations of a covered auto. This waiver applies only to the person or organization listed in the schedule of this endorsement.
Haley & Aldrich
Policy Number AS2-Z11-254100
Issued by Liberty Mutual Fire Insurance Co.
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
Schedule
Name of Other Person(s) /
Organization(s):
Email Address or mailing address: Number Days Notice:
Per schedule on file with the
Company
All other terms and conditions of this policy remain unchanged.
Issued by The First Liberty Insurance Corporation 27359 For attachment to Policy No. WC6-Z11-254100 Effective Date 1/1/23 Issued to Haley & Aldrich, Inc.
WC992075
Ed. 12/01/2016
© 2016 Liberty Mutual Insurance
30 Premium$
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
WC6-Z11-254100 1/1/23
DocuSign Envelope ID: 780EAC55-AF1C-4B45-9D08-C0A11C9A7F93
4/20/2023 1:10:28 PM
C:\Program Files\eSCRIBE\TEMP\13102354284\13102354284,,,RESOLUTION APPROVING AWARD OF A TWO YEAR AGREEMENT WITH UNIFIED CLEANING SERVICES INC FOR JANITORIAL SERVICES.docx Agenda Report
MEETING DATE: Tuesday, April 25, 2023
TO: City Council
FROM: PARKS & COMMUNITY SERVICES DIRECTOR CALUBAQUIB
IMELDA NEGRETE, RECREATION SUPERINTENDENT
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION APPROVING THE AWARD OF A TWO-YEAR
AGREEMENT WITH UNIFIED CLEANING SERVICES, INC. FOR
THE PROVISION OF JANITORIAL SERVICES
RECOMMENDED ACTION:
Staff recommends that the Council adopt a resolution awarding a two-year contract for janitorial services for City Recreation facilities to Jose Perez, an individual, dba Unified Cleaning Services, Inc., in an amount not to exceed $341,000 and authorizing and directing the City Manager to execute the same.
BACKGROUND:
The current amended contract for janitorial services for City facilities is set to expire on April 30, 2023. City staff issued a Request for Proposals for Janitorial Services for Recreation facilities on December 19, 2022.
DISCUSSION:
On December 19, 2022, a request for proposals for janitorial services for City Recreation facilities was released. The scope of work included janitorial services for recreation centers, as needed event clean up services (cleaning services following facility rentals), as needed pressure washing of entrances and quarterly and annual cleaning services (includes services such as deep kitchen cleaning, cleaning of exterior and interior windows). Recreation facilities were individualized so that bidders could bid for facilities of their choosing. The following were the bid results for monthly services:
Facility (cost per month) A-1 Janitorial Services Unified Cleaning Services Inc. (formerly
Unified Building
Maintenance)
Callaghan Cultural Center $1,495 $1,475
Ramsay Park Family Center $2,085 $2,165
GHWR Youth Center $2,805 $2,785
4/20/2023 1:10:28 PM
C:\Program Files\eSCRIBE\TEMP\13102354284\13102354284,,,RESOLUTION APPROVING AWARD OF A TWO YEAR AGREEMENT WITH UNIFIED CLEANING SERVICES INC FOR JANITORIAL SERVICES.docx Marinovich Community Center $1,295 $1,255
Watsonville Senior Center $1,475 $1,375
TOTAL FOR FACILITIES $9,155 $9,055
Additional Services
Event Clean Up
Small Sized Rooms $300 $250
Medium Sized Rooms $360 $300
Large Sized Rooms $425 $300
Pressure Washing of Entrances $1,295 $150
Hourly Rate $40 $39
Bid Alternates
Quarterly Services $1,295 $1,245
Annual Services $2,900 $2,800
Unified Cleaning Services, Inc. was selected based on lowest bid for services requested, references as well as thoroughness of responses to technical questions in the Request for Proposal.
Unified Cleaning Services, Inc. is our current contractor for janitorial services for our recreation facilities. Aside from the regular cleaning schedule, they have been dependable when we have reached out to them for cleaning emergencies. During the pandemic and the storms, they offered to do extra cleaning at our facilities to ensure proper sanitation for our patrons. They are also quick to rectify any situation where the team may have been dissatisfied with a service.
STRATEGIC PLAN:
03 – Infrastructure and Environment - This contract will help improve and maintain the City’s recreational facilities.
FINANCIAL IMPACT:
The total not to exceed amount for this contract is $341,000 for this two-year contract, which spans three fiscal years (FY 22-23 through FY 24-25).
Service FY 22-23 FY 23-24 FY 24-25 TOTAL CONTRACT
Janitorial Services for Rec
Facilities
$18,000 $110,000 $91,000 $219,000
Quarterly and Annual
Services
$4,100 $8,000 $6,900 $19,000
Event Clean Up Services $2,000 $50,000 $30,000 $82,000
Pressure Washing Services $500 $3,000 $1,500 $5,000
Emergency Services $1,000 $10,000 $5,000 $16,000
TOTAL ANNUAL $25,600 $181,000 $134,400 $341,000
4/20/2023 1:10:28 PM
C:\Program Files\eSCRIBE\TEMP\13102354284\13102354284,,,RESOLUTION APPROVING AWARD OF A TWO YEAR AGREEMENT WITH UNIFIED CLEANING SERVICES INC FOR JANITORIAL SERVICES.docx Account
150-681-7361-0000 $25,600 $181,000 $134,400 $341,000
Expenses associated with this contract (in the amount of $25,600) for this Fiscal Year 2022/2023 can be absorbed through funds allocated in 150-681-7361. Expenses for future Fiscal Years are planned for in the proposed budget.
ALTERNATIVE ACTION:
The Council could:
1. Elect to approve a contract for some of the proposed services, or
2. Elect not to approve this contract.
ATTACHMENTS AND/OR REFERENCES (If any):
None
Reso No. ______ (CM) 1
Meeting Date: 042523 SWZ ______ RM ______ PCS ______
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING A TWO-YEAR CONTRACT TO JOSE
PEREZ, AN INDIVIDUAL, DBA UNIFIED CLEANING SERVICES, INC,
FOR JANITORIAL SERVICES AT CITY RECREATION FACILITIES, IN AN AMOUNT NOT TO EXCEED $341,000 FROM FY 22/23 THROUGH FY 24/25, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAME; ($341,000 WILL BE SPREAD OVER THREE FISCAL YEARS FUNDED BY THE CITY’S GENERAL FUND)
WHEREAS, on December 19, 2022, a Request for Proposals (RFP) was issued for janitorial services for City recreation facilities; and WHEREAS, City staff ranked the proposals received for the consideration of the City Manager and submission to the City Council; and
WHEREAS, the City Manager has recommended that the proposal from Jose Perez, an individual, dba Unified Cleaning Services, Inc., in an amount not to exceed $341,000 over three years from FY 22/23 through FY 24/25, be accepted as the best response.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution awarding a contract to Unified Cleaning Services does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. That the proposal of Jose Perez, an individual, dba Unified Cleaning Services, Inc., in an amount not to exceed $341,000 over three years from FY 22/23 through FY 24/25, is hereby accepted.
3. That the Contract for Consultant Services between the City of Watsonville and Jose Perez, an individual, dba Unified Cleaning Services Inc., for janitorial services,
a copy of which Contract is attached hereto and incorporated herein by this reference, is hereby approved.
4. That the City Manager be and is hereby authorized and directed to execute the Contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
***************************************
CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND UNIFIED CLEANING SERVICES, INC.
THIS CONTRACT, is made and entered into this ________________, by and between the City of Watsonville, a municipal corporation, hereinafter called "City," and Unified Cleaning Services, Inc., hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from _May 1, 2023 to April 30, 2025, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $341,000.00_______.
SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.
SECTION 9. INSURANCE.
A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without
thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.
For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such
other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Unified Cleaning Services, Inc.
3000 Haas Drive
Aptos, CA 95003
(831) 663-4800
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY ______________________________
Rene Mendez, City Manager
ATTEST:
BY ______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
BY ______________________________
Samantha Zutler, City Attorney
CONSULTANT
UNIFIED CLEANING SERVICES, INC.
BY_________________________________
Jose Perez, Owner
EXHIBIT "A"
SCOPE OF SERVICES
Facility Location Days of the week
Gene Hoularis & Waldo
Rodriguez Youth Center
30 Maple Avenue M-F evening (after 8 pm)
Ramsay Park Family Center 1301 Main Street M-F evening (after 9 pm) Callaghan Cultural Center 225 Sudden Street M-F evening (after 7 pm) Marinovich Community Center 120 Second Street M-F evening (after 7 pm) Watsonville Senior Center 114 E. 5th Street M-F evening (after 6pm) GENE HOULARIS & WALDO RODRIGUEZ YOUTH CENTER, 30 MAPLE AVENUE RESTROOMS – 5 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Clean all mirrors and surrounding stainless steel/chrome with disinfectant. d. Wash out basins with approved cleanser, rinse and dry; damp dry basin traps. e. Clean/disinfect all toilets and urinals; damp dry all external surfaces; clean all stainless steel/chrome.
f. Urinal cartridges need to be changed as needed when not draining properly. g. Clean all counters, fixtures and dispensers.
h. Clean door handles with approved cleaner.
i. Replenish all paper supplies and soap dispensers.
j. Damp wipe/disinfect partitions (inside and out), doors, walls and tile. k. Mop floors with disinfectant.
l. Spot clean and remove any gum, residue or stains from all areas with approved methods.
m. Dust all sills and light fixtures.
CLASSROOMS, GYMNASIUM, KITCHEN & HALLWAYS
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Dust mop all hard surfaced floors with fiber mop or approved treatment method. e. Spot clean/mop all carpets/floors as necessary.
f. Clean all entry/exit door windows inside and out.
g. Clean door handles with approved cleaner.
h. Spot clean walls, mirrors and windows with approved cleaner. i. Dust, wipe down or vacuum all furniture including tables and chairs, cabinets, and countertops.
j. Spot clean and remove any gum, residue or stains from all areas with approved methods k. Wipe down all tables and countertops.
l. Dust all baseboards and sills.
STAFF OFFICE AREAS – 2 days/week service
a. Empty wastebaskets and recycle containers as needed, replace plastic liners.
b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Sweep and then damp mop all non-carpeted floor areas with approved cleaner. e. Spot clean all carpets as necessary.
f. Clean door handles with approved cleaner.
g. Spot clean walls and windows with approved cleaner.
h. Dust, wipe down or vacuum all furniture, cabinets, and countertops. i. Spot clean and remove any gum, residue or stains from all areas with approved methods Once per Week
a. Wet mop all hard surface floors and stairs.
b. Clean all ground level glass/windows (including glass doors) c. Dust, clean and disinfect kitchen sinks and counters Monthly Service:
a. Wax and buff all hard-surfaced floors.
Semi-annual Services:
a. Clean all exterior and interior windows of the facility, including upper windows in Youth Center gym
b. Strip hard surfaced floor; apply 2 coats of sealer, 3 coats of finish, and buff between coats.
c. Remove all restroom floor drains, scrub clean and replace. d. Remove spider webs from walls, ceilings, windowsills, skylights, crevices, railings, etc. over 10 feet in height.
e. Steam clean all carpets.
RAMSAY PARK FAMILY CENTER, 1301 MAIN STREET
RESTROOMS – 5 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Clean all mirrors and surrounding stainless steel/chrome with disinfectant. d. Wash out basins with approved cleanser, rinse and dry; damp dry basin traps. e. Clean/disinfect all toilets and urinals; damp dry all external surfaces; clean all stainless steel/chrome.
f. Urinal cartridges need to be changed as needed when not draining properly. g. Clean all counters, fixtures and dispensers.
h. Clean door handles with approved cleaner.
i. Replenish all paper supplies and soap dispensers.
j. Damp wipe/disinfect partitions (inside and out), doors, walls and tile. k. Mop floors with disinfectant.
l. Spot clean and remove any gum, residue or stains from all areas with approved methods.
m. Dust all sills and light fixtures.
CLASSROOMS, MULTI-PURPOSE ROOMS, KITCHEN & HALLWAYS
a. Empty wastebaskets and recycle containers as needed, replace plastic liners.
b. Clean all trash and recycle receptacles inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Dust mop all hard-surfaced floors with fiber mop or approved treatment method. e. Spot clean/mop all carpets/floors as necessary.
f. Clean all entry/exit door windows inside and out.
g. Clean door handles with approved cleaner.
h. Spot clean walls, mirrors and windows with approved cleaner. i. Dust, wipe down or vacuum all furniture including tables and chairs, cabinets, and countertops.
j. Spot clean and remove any gum, residue or stains from all areas with approved methods k. Wipe down all tables and countertops.
l. Dust all baseboards and sills.
STAFF OFFICE AREAS – 2 days/week service
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Sweep and then damp mop all non-carpeted floor areas with approved cleaner. e. Spot clean all carpets as necessary.
f. Clean door handles with approved cleaner.
g. Spot clean walls and windows with approved cleaner.
h. Dust, wipe down or vacuum all furniture, cabinets, and countertops. i. Spot clean and remove any gum, residue or stains from all areas with approved methods Once per Week
a. Wet mop all hard surface floors and stairs.
b. Clean all ground level glass/windows (including glass doors) c. Dust, clean and disinfect kitchen sinks and counters Monthly Service:
a. Wax and buff all hard-surfaced floors.
Semi-annual Services:
a. Clean all exterior and interior windows of the facility b. Strip hard surfaced floor; apply 2 coats of sealer, 3 coats of finish, and buff between coats.
c. Remove all restroom floor drains, scrub clean and replace. d. Remove spider webs from walls, ceilings, windowsills, skylights, crevices, railings, etc.
e. Steam clean all carpets.
CALLAGHAN PARK CULTURAL CENTER, 225 SUDDEN STREET
RESTROOMS – 5 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor
free.
c. Clean all mirrors and surrounding stainless steel/chrome with disinfectant. d. Wash out basins with approved cleanser, rinse and dry; damp dry basin traps. e. Clean/disinfect all toilets and urinals; damp dry all external surfaces; clean all stainless steel/chrome.
f. Urinal cartridges need to be changed as needed when not draining properly. g. Clean all counters, fixtures and dispensers.
h. Clean door handles with approved cleaner.
i. Replenish all paper supplies and soap dispensers.
j. Damp wipe/disinfect partitions (inside and out), doors, walls and tile. k. Mop floors with disinfectant.
l. Spot clean and remove any gum, residue or stains from all areas with approved methods.
m. Dust all sills and light fixtures.
CLASSROOM, MULTI-PURPOSE ROOM, KITCHEN & HALLWAY
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Dust mop all hard-surfaced floors with fiber mop or approved treatment method. e. Spot clean/mop all carpets/floors as necessary.
f. Clean door handles with approved cleaner.
g. Spot clean walls, mirrors and windows with approved cleaner. h. Dust, wipe down or vacuum all furniture including tables and chairs, cabinets, and countertops.
i. Spot clean and remove any gum, residue or stains from all areas with approved methods j. Wipe down all tables and countertops.
k. Dust all baseboards and sills.
STAFF OFFICE AREA – 2 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Sweep and then damp mop all non-carpeted floor areas with approved cleaner. d. Clean door handles with approved cleaner.
e. Spot clean walls and windows with approved cleaner.
f. Dust, wipe down or vacuum all furniture, cabinets, and countertops. g. Spot clean and remove any gum, residue or stains from all areas with approved methods Once per Week
a. Wet mop all hard surface floors.
b. Dust, clean and disinfect kitchen sinks and counters Monthly Service:
a. Wax and buff all hard-surfaced floors.
Semi-annual Services:
a. Clean all exterior and interior windows of the facility b. Strip hard surfaced floor; apply 2 coats of sealer, 3 coats of finish, and buff between coats.
c. Remove all restroom floor drains, scrub clean and replace.
d. Remove spider webs from walls, ceilings, windowsills, skylights, crevices, railings, etc.
MARINOVICH PARK COMMUNITY CENTER, 120 SECOND STREET
RESTROOMS – 5 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Clean all mirrors and surrounding stainless steel/chrome with disinfectant. d. Wash out basins with approved cleanser, rinse and dry; damp dry basin traps. e. Clean/disinfect all toilets and urinals; damp dry all external surfaces; clean all stainless steel/chrome.
f. Urinal cartridges need to be changed as needed when not draining properly. g. Clean all counters, fixtures and dispensers.
h. Clean door handles with approved cleaner.
i. Replenish all paper supplies and soap dispensers.
j. Damp wipe/disinfect partitions (inside and out), doors, walls and tile. k. Mop floors with disinfectant.
l. Spot clean and remove any gum, residue or stains from all areas with approved methods.
m. Dust all sills and light fixtures.
CLASSROOM, MULTI-PURPOSE ROOM, KITCHEN & HALLWAYS – 5 days per week a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Dust mop all hard-surfaced floors with fiber mop or approved treatment method. e. Spot clean/mop all carpets/floors as necessary.
f. Clean all entry/exit door windows inside and out.
g. Clean door handles with approved cleaner.
h. Spot clean walls, mirrors and windows with approved cleaner. i. Dust, wipe down or vacuum all furniture including tables and chairs, cabinets, and countertops.
j. Spot clean and remove any gum, residue or stains from all areas with approved methods k. Wipe down all tables and countertops.
l. Dust all baseboards and sills.
STAFF OFFICE AREAS – 2 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Sweep and then damp mop all non-carpeted floor areas with approved cleaner. e. Spot clean all carpets as necessary.
f. Clean door handles with approved cleaner.
g. Spot clean walls and windows with approved cleaner.
h. Dust, wipe down or vacuum all furniture, cabinets, and countertops. i. Spot clean and remove any gum, residue or stains from all areas with approved methods
Once per Week
a. Wet mop all hard surface floors and stairs.
b. Clean all ground level glass/windows (including glass doors) c. Dust, clean and disinfect kitchen sinks and counters Monthly Service:
a. Wax and buff all hard-surfaced floors.
Semi-annual Services:
a. Clean all exterior and interior windows of the facility b. Strip hard surfaced floor; apply 2 coats of sealer, 3 coats of finish, and buff between coats.
c. Remove all restroom floor drains, scrub clean and replace. d. Remove spider webs from walls, ceilings, windowsills, skylights, crevices, railings, etc.
e. Steam clean all carpets.
WATSONVILLE SENIOR CENTER, 114 E. FIFTH STREET
RESTROOMS – 5 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Clean all mirrors and surrounding stainless steel/chrome with disinfectant. d. Wash out basins with approved cleanser, rinse and dry; damp dry basin traps. e. Clean/disinfect all toilets and urinals; damp dry all external surfaces; clean all stainless steel/chrome.
f. Urinal cartridges need to be changed as needed when not draining properly. g. Clean all counters, fixtures and dispensers.
h. Clean door handles with approved cleaner.
i. Replenish all paper supplies and soap dispensers.
j. Damp wipe/disinfect partitions (inside and out), doors, walls and tile. k. Mop floors with disinfectant.
l. Spot clean and remove any gum, residue or stains from all areas with approved methods.
m. Dust all sills and light fixtures.
CLASSROOMS, GYMNASIUM, KITCHEN & HALLWAYS – 5 days per week a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Dust mop all hard-surfaced floors with fiber mop or approved treatment method. e. Spot clean/mop all carpets/floors as necessary.
f. Clean all entry/exit door windows inside and out.
g. Clean door handles with approved cleaner.
h. Spot clean walls, mirrors and windows with approved cleaner. i. Dust, wipe down or vacuum all furniture including tables and chairs, cabinets, and countertops.
j. Spot clean and remove any gum, residue or stains from all areas with approved methods k. Clean all white boards.
l. Wipe down all tables and countertops.
m. Dust all baseboards and sills.
STAFF OFFICE AREAS – 2 days per week
a. Empty wastebaskets and recycle containers as needed, replace plastic liners. b. Clean all trash and recycle receptacles, inside and out, free of stains, and odor free.
c. Vacuum all carpeted areas.
d. Sweep and then damp mop all non-carpeted floor areas with approved cleaner. e. Spot clean all carpets as necessary.
f. Clean door handles with approved cleaner.
g. Spot clean walls and windows with approved cleaner.
h. Dust, wipe down or vacuum all furniture, cabinets, and countertops. i. Spot clean and remove any gum, residue or stains from all areas with approved methods Once per Week
a. Wet mop all hard surface floors and stairs.
b. Clean all ground level glass/windows (including glass doors) c. Dust, clean and disinfect kitchen sinks and counters Monthly Service:
a. Wax and buff all hard-surfaced floors.
Semi-annual Services:
a. Clean all exterior and interior windows of the facility b. Strip hard surfaced floor; apply 2 coats of sealer, 3 coats of finish, and buff between coats.
c. Remove all restroom floor drains, scrub clean and replace. d. Remove spider webs from walls, ceilings, windowsills, skylights, crevices, railings, etc.
e. Steam clean all carpets.
MISCELLANEOUS SERVICES TO BE PERFORMED AS NEEDED SO THAT AREAS ARE CLEAN AT THE START OF EACH DAY – 7 days/week service a. Janitorial supply rooms are to be kept clean and orderly at all times. Tools should be properly labeled and stored.
b. All doors and windows are to be checked, closed and locked securely. c. Report graffiti to City representative.
d. Clean drinking fountains.
e. Collect cardboard, flatten and place in recycle bins. f. Report location of all burnt out light bulbs to City representative. g. Spray buff floors in all restrooms
h. Clean all ground level windows inside and out.
i. Dust and/or wash interior walls (floor to ceiling) removing dust and debris. j. Dust and remove spider webs from the ceilings, windowsills, blinds, light fixtures, cabinets, crevices, counters, desks and open spaces.
k. Apply tile cleaner/approved cleaner on restroom walls and tile surfaces. l. Remove all entry mats and clean pat down to remove dirt.
m. Dust exterior of ceiling level vents.
n. Remove, clean and replace all light fixtures lower than 10 feet in height. o. Wipe down all door hinges.
ADDITIONAL SERVICES
1. As Needed Event Clean Up (Per Service)
Services will be scheduled on an as needed basis (events typically occur Friday and/or Saturday night), following events held at the following locations. Small Sized Rooms (Callaghan, Marinovich)
Medium Sized Rooms (Ramsay, Community Room, Senior Center, Youth Center Gymnasium)
2. Hourly Rate
Hourly rate to provide general janitorial services
3. Pressure Washing
Services will be scheduled on as needed basis
QUARTERLY SERVICES
a. Pressure wash all front entrances
ANNUAL SERVICES
a. Deep clean of the kitchens at the Ramsay Park Family Center, Marinovich Park Community Center and Watsonville Senior Center.
1. Clean and degrease all stainless steel (except hood vents), all walls, doors/door frames, all ceiling titles, t-bar grids, light covers and fixtures, air vents, floor drains.
2. Sweet and mop all floors
3. Clean inside ovens
4. Clean Stove tops
JANITORIAL STANDARDS The contractor shall furnish all labor, materials, tools, cleaning supplies, services and special skills necessary for the provision of complete top-quality janitorial services from beginning to end of the contract. The work shall include all tasks needed to maintain the facilities, their furnishings and fixtures in sanitary condition and having an overall appearance of cleanliness and neatness. a. Facility surfaces and fixtures shall be free of dust, streaks, smudges and cobwebs. Tools such as feather dusters, which merely displace or redistribute dust, shall not be used unless treated to attract and hold the dust particles. All items moved to accomplish the task shall be returned to their original positions. b. Surfaces surrounding the entrance area shall be free of dirt, dust, fingerprints and have a clean appearance. Glass shall be free of streaks, smudges, fingerprints, etc.
c. All walls should be spot cleaned to include removal of fingerprints and marks. d. Entrance mats shall be cleaned so that there is no dirt left on surfaces or on the floor underneath.
e. Blinds shall be free of dust and give an overall clean appearance f. Furniture surfaces including tables and chairs shall be free of dirt, dust, debris, marks and film.
g. Chrome and metal surfaces shall present a clean uniform shining appearance free of all soil, marks, smudges and streaks
h. Disinfected surfaces shall be free of material containing living bacteria, viruses, or other contamination capable of causing infections.
i. Dispensers will be disinfected, present a clean uniform shining appearance free of all soil, marks, smudges and streaks and will have an adequate supply of the applicable dispensed products.
j. Restroom, kitchen and fountain fixtures shall be disinfected and there will be no dust, dirt, spots or debris on the fixtures.
k. Glass surfaces shall be free of all dirt, soil, smudges, streaks, smears, film or any other foreign substances. All excess spray solution must be removed from any surrounding trim or surfaces. Glass must have a uniformly bright appearance.
Any items moved to accomplish this task must be returned to their original positions.
l. Areas shall be policed to remove paper, trash, empty bottles, containers, any other discarded materials, cleaning spills, wet/muddy footprints. Policed areas shall be free of debris and present an overall clean, neat appearance. m. Trash and recycle receptacles shall be considered properly clean when both the inside and outside are clean, free of stains, dried refuse and odors, and a plastic liner replaced, if necessary.
n. Restrooms shall be considered properly cleaned when the floors are mopped and fixtures, urinals, toilets, waste receptacles, wash basins, faucets, handles, dispensers, partition stalls and doors are cleaned with an odorless germicidal solution. All glass, chrome, and stainless-steel surfaces shall be cleaned and buffed to a shine, waste receptacles emptied, and dispensers refilled. o. Urinal cartridges need to be changed as needed when not draining properly. p. All trash/waste and soiled liners shall be removed from all trash/waste containers when and a new plastic liner fitted into the containers. q. Walls, ceilings, enclosures, grout and fixtures shall be cleaned with a germicidal solution and chrome/stainless steel buffed to a shine. There shall be no mold or odor remaining.
r. Carpet spot cleaning shall remove completely any evidence of the soiling which necessitated the cleaning and return the finish of the area to its pre-soiled condition without leaving rings or discoloration.
s. Sweeping or dust mopping shall remove all loose dirt, grit, lint, dust, debris, or other foreign material with no build up in corners, crevices, under or around furniture. All items moved to remove dirt shall be returned to their original locations.
t. Entrances should be clean and spot mopped, as needed. u. Damp mopped floors shall be free of all dirt, debris, soil, liquids or other foreign material. All splash marks and spots on walls/furniture/fixtures shall be removed before completion of the damp mopping task. All items moved to accomplish the task shall be returned to their original positions. Mop and mop bucket needs to be rinsed after each use.
v. Vacuuming shall remove all dust, dirt, lint and any other loose material. All items moved during this process shall be returned to their original positions. w. A floor that has been wet mopped or scrubbed with a mechanical scrubber shall be free of all dirt, debris, soil, liquid, or other foreign material. It will present a uniform appearance free of streaks, smudges, heel marks, or any other marks, which can reasonably be removed using these methods. All splash marks/spots on walls and furniture/fixtures shall be removed before completion of the task. All items moved during this process shall be returned to their original positions.
Floor scrubbing shall not remove floor finish.
x. Concrete and linoleum floors shall be resealed to maintain a uniform shiny surface.
y. Facility Attendants on duty at any facility shall be available to respond within twenty minutes to any of the contract locations to cleanup reported problems such as spills or accidents.
z. Safety Data Sheets (SDS) must be provided for all chemicals used at each facility. SDS sheets must be updated on an annual basis.
OUTCOME-BASED CONTRACT AND INSPECTION PROBLEM RESOLUTION
PROCESS
City will regularly inspect the Contractor's work and rate it according to the maintenance standards stated above. Contractor shall operate and maintain an e-mail address at which the City may send inspection reports largely consisting of photos taken of areas that the Service Provider maintains. The e-mail address must have sufficient capacity to accept numerous inspection reports from the City without delay or rejection.
Contractor will be paid for work rated as "meets standards". Contractor will not be paid for work rated as "below standard" until conditions improve and rate as "meet standards" if the below standard work is attributed to neglect on the part of the Contractor. If an area does not meet City standards, it will be considered "below standard". Contractor will not be paid additional amounts for remedial work required to improve "below standard" areas if the below standard work is attributed to neglect on the part of the Contractor. City staff will work closely with Contractor's representatives to achieve the results described in the standards and inspection criteria. However, responsibility for meeting standards rests with Contractor.
During the first three (3) months of the contract, the Contractor will receive one hundred percent (100%) of the monthly contract payment. During this period, Contractor will inspect the sites at least monthly and will discuss inspections with City. This process and time frame will allow the Contractor time to become familiar with the individual locations. Following this period, the Contractor shall perform quality assurance inspections a minimum of every month, or more frequently if deemed necessary by the Contractor.
The Contractor will provide electronic versions of the monthly inspections to the City by the 10th of the following month as to each site's compliance with City standards. An action plan with deadlines must be provided to the City to indicate when corrections will be made if an area is deemed "below standard". Failure to turn in inspections by the deadline will result in a monthly payment being withheld until inspections are turned in and one hundred dollars ($100) deduction from their monthly payment.
The first time a site fails to meet City Standards per the weekly inspections, the Contractor will have one (1) week to bring the site back into compliance. If the same site is not in compliance for the same standard at any time after the first warning, no warning will be given and penalties will be incurred. If a site is not brought back into compliance within the allotted timeframe the following penalties will occur:
1. First Penalty: Contractor to receive warning.
2. Second Penalty: At the same site within twelve (12) months of the First Penalty Assessment, Contractor will be assessed a $25 monthly deduction per deficiency.
3. Third Penalty: At the same site within (12) months of the First Penalty Assessment, Contractor will be assessed a $75 monthly deduction per deficiency.
The parties will observe the following progressive problem resolution process:
1. Written notice of the problem.
2. Field conference with City inspector and Contractor’s field representative to identify problem and agree on solution as presented by Contractor.
3. Conference between City's representative and Contractor's principal.
4. Imposition of penalties and/or correcting defect at Contractor's cost.
5. Termination of Contract.
There will be a financial impact to Contractor if any scheduled use, (including, but not limited to, special events or recreation programs) of City facilities are impacted by neglect on the Contractor's part. Any costs associated with re-scheduling the event/activity/program may be the responsibility of Contractor for staffing and costs, including, but not limited to lost revenue, staff salaries and alternate contractor costs, etc.
SAFETY & SECURITY Contractor and staff shall follow all established safety procedures and shall take special care not to endanger the public in any way. All floors should be completely dry by the opening of facilities each day. Contractor is responsible for the security of all doors at the conclusion of work in each room. All exterior doors should remain locked at all times. Interior doors that are found open or unlocked shall be left in the same position/condition in which they were found.
FINGERPRINTING AND BACKGROUND CHECKS All Contractor staff who will be working on City facilities during business hours must pass a background check a State of California Department of Justice Criminal Records Check. Contractor is responsible for maintaining and updating background check information for their employees.
Contractor will be charged for each employee’s background check.
EMERGENCY SITUATIONS For medical or public safety emergencies occurring at the Facilities call 9-1-1. For all building maintenance emergencies (water leaks, etc.) contact the Maintenance Coordinator or designated staff to report the issue immediately (24-hours/day).
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
May 1, 2023 – April 30, 2025.
Janitorial services will be suspended if facilities are closed. City will notify Contractor to suspense and resume services, as needed.
EXHIBIT "C"
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed _$341,000.00.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
Facility Monthly Amount
Callaghan Cultural Center $1,475
Ramsay Park Family Center $2,165
GHWR Youth Center $2,785
Marinovich Community Center $1,255
Watsonville Senior Center $1,375
Additional Services
Event Clean Up Small Sized Room (Callaghan,
Marinovich): $250
Medium Sized Room (Ramsay,
Watsonville Senior Center):
$300
Large Sized Room (Civic Plaza
Community Room): $300
Pressure Washing of Entrances $150 per occurrence
Hourly Rate $39 per hour
Quarterly Services $1,245 per occurrence
Annual Services $2,800 per occurrence
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
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C:\Program Files\eSCRIBE\TEMP\21105822501\21105822501,,,Bulk Chemical Contract for Aluminum Sulfate FYE 2024.docx Agenda Report
MEETING DATE: Tuesday, April 25, 2023
TO: City Council
FROM: INTERIM PUBLIC WORKS & UTILITIES DIRECTOR VIDES
WASTEWATER DIVISION MANAGER SMITH
THROUGH: CITY MANAGER MENDEZ
SUBJECT: BULK CHEMICAL CONTRACT FOR ALUMINUM SULFATE USED IN WASTEWATER TREATMENT FOR FISCAL YEAR 2023-2024
RECOMMENDED ACTION:
Adopt a resolution approving a contract with Chemtrade Chemicals US LLC for the purchase of liquid aluminum sulfate, in an amount not to exceed $410,000 for Fiscal Year 2023-2024; and directing the City Manager to execute the Contract.
BACKGROUND:
Various chemicals in bulk quantities are used in wastewater treatment processes, and liquid aluminum sulfate (“alum”) is one such chemical used to make recycled water. The contract with the current vendor supplying alum expires at the end of the current fiscal year and a new contract must be established to ensure uninterrupted supply of this chemical.
DISCUSSION:
Proper wastewater treatment practices protect Watsonville’s public health and environment and ensure the City’s obligations under its many environmental permits. Various chemicals in bulk quantities are used in wastewater treatment processes, and alum is one such chemical. Alum is used for tertiary treatment at the Recycled Water Facility. The current contract with Chemtrade Chemicals US LLC (“Chemtrade”) expires at the end of this fiscal year. A new contract must be approved to ensure uninterrupted supply of this chemical.
Section 3-5.400 of the Municipal Code requires purchases of supplies estimated to cost over $100,000.00 be made pursuant to Article 3 commencing with § 3-5.400 through a formal bidding process.
Section 3-5.210 exempts certain purchases from competitive bidding. Subdivision (e) exempts purchases made cooperatively with one (1) or more other units of government through cooperative purchasing programs substantially the same as the City of Watsonville.
Subdivision (f) exempts purchases when in the opinion of the Purchasing Officer the supplies are available from a vendor who has been selected as the lowest bidder within the
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C:\Program Files\eSCRIBE\TEMP\21105822501\21105822501,,,Bulk Chemical Contract for Aluminum Sulfate FYE 2024.docx prior twelve months by another public entity using competitive bidding procedures substantially the same as those used by the City for the acquisition of such equipment or supplies (sometimes called “piggybacking”).
Watsonville is a member of the Bay Area Chemical Consortium (“BACC”). BACC is an informal cooperative of over sixty public agencies that advertises and opens sealed competitive bids and then prepares bid recommendations. Once bids are opened, participating public agencies enter into their own contracts with the lowest responsive bidder. The purpose of the Consortium is to obtain the best possible price for chemicals through joint (bulk) purchasing.
Bids were issued by BACC on January 26 on PlanetBids, and three bids for the South Bay Region were received on or before the February 23 due date as follows:
1. Chemtrade Chemicals US LLC $0.8933/gal
2. Thatcher Company of California, Inc. $1.0200/gal
3. Univar Solutions USA Inc. no bid
After review of the bids, it is recommended to award a contract to Chemtrade because its bid was lowest.
STRATEGIC PLAN:
This contract is consistent with the Strategic Plan Priority:
3 – Infrastructure & Environment
FINANCIAL IMPACT:
Funds for this contract will be available in the Fiscal Year 2023-2024 Wastewater Utility Enterprise, Water Recycling Operations and Maintenance budget, account code 0710-532- 7551. These expenses are reimbursed by the Pajaro Valley Water Management Agency (PVWMA) on a quarterly basis.
ALTERNATIVE ACTION:
The City Council could elect to issue its own request for proposals (RFP) for the procurement of alum. However, the alternative would likely not result in a lower bid.
ATTACHMENTS AND/OR REFERENCES (If any):
1. BACC Bid Review
2. BACC Bid Prices
3. BACC Award Letter
Bay Area Clean Water Agencies
Bid Results for Project 01-2023 ALUMINUM SULFATE
Bid Due on February 23, 2023 4:00 PM (PT)
Addendum Issued: NONE
SINGLE BID AWARD Chemtrade Chemicals US LLC Thatcher Company of California, Inc. Univar Item # BACC RECOMMENDATION LOWEST RESPONSIVE RESPONSIBLE BID Irregular bid -no bid for Central Valley no bid 1 Received via bid platform by bid deadline above y y
2 Bids submitted on forms provided y y
3 Must include a base unit price for each geographic area y n 4 Additional charges for "short load" deliveries shown as a standard deviation on bid form y n
5 References: minimum of 3 y y
6 Product Specification Deviations - if any, proposed specification must be attached n n
7 Fully Executed Standard Agreement y y
8 Fully Executed Non-Collusion Affidavit y y
9 For potable application only: Affidavit of Compliance to AWWA and/or NSF standard or Statement by chemical manufacturer, signed on letterhead attesting to the affidavit's validity or current printout from NSF.org
y y
10 Representative lab analysis of the chemical prepared by reputable outside laboratory or ISO Certified y y
11 Name /Address of chemical manufacturer Bay Point Works, Pittsburg CA Thatcher Company of California, Inc. 12 Product Bulletin and Typical Properties y y
13 Safety Data Sheet (SDS) y y
14 Addendum/Addenda Acknowledgement y y
15 Third Party Hauler? If applicable, name, address, Affidavit signed by Bidder Chemical Transfer n 16 Specific Deviations Noted y n
#4 & 16 Chemtrade
Attachment 1
Bay Area Clean Water Agencies
Bid Results for Project 01-2023 ALUMINUM SULFATE
Bid Due on February 23, 2023 4:00 PM (PDT)
SINGLE BID AWARD
Section
ALUMINUM SULFATE
5% Acidized Liquid
Solutions (Optional
bid item)
ALUMINUM
SULFATE 7%
Acidized Liquid
Solution (Optional
bid item)
Description Central Valley North Bay Sacramento South Bay Tri Valley North Bay North Bay Unit of Measure gal gal gal gal gal gal gal
Univar Solutions USA Inc. no bid no bid no bid no bid no bid no bid no bid Thatcher Company of California, Inc. 0.0000 0.9100 0.8600 1.0200 0.9100 1.1800 1.1600 Chemtrade Chemicals, LLC US 0.8933 0.8933 0.8933 0.8933 0.8933 1.2192 1.1250 Single Bid Award
ALUMINUM SULFATE
5% Acidized Liquid
Solutions (Optional
bid item)
ALUMINUM
SULFATE 7%
Acidized Liquid
Solution (Optional
bid item)
Aggregate Cost Calculation: Central Valley North Bay Sacramento South Bay Tri Valley North Bay North Bay Estimated annual quantity 340,000 1,235,900 1,231,000 750,000 990,000 150,000 150,000 Thatcher Company of California, Inc. $0.00 $1,124,669.00 $1,058,660.00 $765,000.00 $900,900.00 $177,000.00 $174,000.00 Chemtrade Chemicals, LLC US $303,722.00 $1,104,029.47 $1,099,652.30 $669,975.00 $884,367.00 $182,880.00 $168,750.00 Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities of said bids.
ALUMINUM SULFATE 44%-49% Liquid Solution
44% - 49% Liquid Solution
Unit Price Per Gallon
Attachment 2
PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 16, 2023
Chemtrade Chemicals US LLC
Attn: Elizabeth Ryno
90 East Halsey Road, Suite 200
Parsippany, NJ 07054
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 01-2023 for Supply and Delivery of ALUMINUM SULFATE.
Dear Ms. Ryno
We are pleased to advise you that the bid submitted by Chemtrade Chemicals US LLC for Bid No. 01-2023 was determined to be the lowest responsive bid for the supply and delivery of ALUMINUM SULFATE during the period July 1, 2023 through June 30, 2024.
The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Chemtrade Chemicals US LLC for their respective facilities.
Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.
If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium Attachment 3
Bay Area Clean Water Agencies
Bid Results for Project 01-2023 ALUMINUM SULFATE
Bid Due on February 23, 2023 4:00 PM (PDT)
SINGLE BID AWARD
Section
ALUMINUM SULFATE
5% Acidized Liquid
Solutions (Optional
bid item)
ALUMINUM
SULFATE 7%
Acidized Liquid
Solution (Optional
bid item)
Description Central Valley North Bay Sacramento South Bay Tri Valley North Bay North Bay Unit of Measure gal gal gal gal gal gal gal
Chemtrade Chemicals, LLC US 0.8933 0.8933 0.8933 0.8933 0.8933 1.2192 1.1250 ALUMINUM SULFATE 44%-49% Liquid Solution
Attachment 3
Reso No. (CM)
Meeting Date: 042523 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING CONTRACT WITH CHEMTRADE
CHEMICALS US LLC, A CORPORATION, FOR THE PURCHASE OF
ALUMINUM SULFATE USED IN WASTEWATER TREATMENT
PROCESSES, IN THE AMOUNT NOT TO EXCEED $410,000 FOR FY
2023-2024; AND DIRECTING THE CITY MANAGER TO EXECUTE SAME (FUNDED FROM THE WASTEWATER ENTERPRISE FUND)
WHEREAS, bidding requirements for the purchase of supplies, equipment and non-personal contractual service and the sale of personal property are set forth in Chapter 5 of the Title 3 of the Municipal Code; and
WHEREAS, subdivision (f) of § 3-5.210 exempts purchases when the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve (12) months by another public entity using competitive bidding procedures substantially the same as the City; and
WHEREAS, the City of Watsonville is a member of the Bay Area Chemical Consortium (BACC); and
WHEREAS, the purpose of the consortium is to obtain the best possible price for chemicals through joint purchasing; and
WHEREAS, Chemtrade Chemicals US LLC, was determined to be the lowest responsive bid by the BACC for the supply and delivery of Aluminum Sulfate; and WHEREAS, the City Manager has recommended that the proposal from Chemtrade Chemicals US LLC, in an amount not to exceed $410,000, be accepted as the best response.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving a Consultant Contract with Chemtrade Chemicals US LLC., does not meet CEQA's definition of a “project,” because the action
Reso No. (CM)
Meeting Date: 042523 2
does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a purchase available from a vendor who has been selected as the lowest bidder by another public entity using competitive bidding procedures substantially the same as the City for the acquisition of such supplies within the prior twelve months under subdivision (f) § 3-5.210 of the Municipal Code
3. That the purchase of Aluminum Sulfate from Chemtrade Chemicals US LLC, a corporation, in an amount not to exceed $410,000 for FY 2023-2024, is hereby authorized.
4. That the Contract for Consultant Services between the City of Watsonville and Chemtrade Chemicals US LLC, for the purchase of Aluminum Sulfate used in wastewater treatment processes, commencing on July 1, 2023, and ending June 30,2024, in an amount not to exceed $410,000, a copy of which Contract is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby ratified and approved.
5. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************
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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND CHEMTRADE CHEMICALS US LLC
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and Chemtrade Chemicals US LLC, hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2023 to June 30, 2024, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $410,000.
SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or
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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.
SECTION 9. INSURANCE.
A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
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C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
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SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.
For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or
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otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Chemtrade Chemicals US LLC
90 East Halsey Road, Suite 200
Parsippany, NJ 07054
(866) 640-1592
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY
______________________________
Rene Mendez, City Manager
ATTEST:
BY
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
BY
______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
Chemtrade Chemicals US LLC
BY_________________________________
Elizabeth Ryno, Marketing Specialist
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EXHIBIT "A"
SCOPE OF SERVICES
Supply and Delivery of Aluminum Sulfate.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
July 1, 2023 through June 30, 2024
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EXHIBIT "C"
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $410,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
4/20/2023 8:19:23 PM
C:\Program Files\eSCRIBE\TEMP\20191939122\20191939122,,,Bulk Chemical Contract for Ferric Chloride FYE 2024.docx Agenda Report
MEETING DATE: Tuesday, April 25, 2023
TO: City Council
FROM: INTERIM PUBLIC WORKS & UTILITIES DIRECTOR VIDES
WASTEWATER DIVISION MANAGER SMITH
THROUGH: CITY MANAGER MENDEZ
SUBJECT: BULK CHEMICAL CONTRACT FOR FERRIC CHLORIDE USED IN WASTEWATER TREATMENT FOR FISCAL YEAR 2023-2024
RECOMMENDED ACTION:
Adopt a resolution approving a contract with Kemira Water Solutions, Inc. in the amount of $275,000 for ferric chloride used in wastewater treatment for Fiscal Year 2023-2024; and directing the City Manager to execute the contract.
BACKGROUND:
Various chemicals in bulk quantities are used in wastewater treatment processes, and ferric chloride is one such chemical. The contract with the current vendor expires at the end of this fiscal year and a new contract must be established to ensure an uninterrupted supply of this chemical.
DISCUSSION:
Proper wastewater treatment practices protect Watsonville’s public health and environment and ensure the City’s obligations under its many environmental permits. Various chemicals in bulk quantities are used in wastewater treatment processes, and ferric chloride (“ferric”) is one such chemical. Ferric is used to control hydrogen sulfide concentrations in anaerobic digester biogas within allowable limits prescribed by the Monterey Bay Air Resources District. The current contract with Kemira Water Solutions, Inc. (“Kemira”) expires at the end of this fiscal year. A new contract must be approved to ensure uninterrupted supply of this chemical.
Section 3-5.400 of the Municipal Code requires purchases of supplies estimated to cost over $100,000.00 be made pursuant to Article 3 commencing with § 3-5.400 through the formal bid process.
Section 3-5.210 exempts certain purchases from competitive bidding. Subdivision (e) exempts purchases made cooperatively with one (1) or more other units of government through cooperative purchasing programs substantially the same as the City of Watsonville.
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C:\Program Files\eSCRIBE\TEMP\20191939122\20191939122,,,Bulk Chemical Contract for Ferric Chloride FYE 2024.docx Subdivision (f) exempts purchases when in the opinion of the Purchasing Officer the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve months by another public entity using competitive bidding procedures substantially the same as those used by the City for the acquisition of such equipment or supplies (sometimes called “piggybacking”).
Watsonville is a member of the Bay Area Chemical Consortium (“BACC”). BACC is an informal cooperative of over sixty public agencies that advertises and opens sealed competitive bids and then prepares bid recommendations. Once bids are opened, participating public agencies enter into their own contracts with the lowest responsive bidder. The purpose of the Consortium is to obtain the best possible price for chemicals through joint (bulk) purchasing.
Bids were issued by BACC on January 26 on PlanetBids, and three bids for the South Bay Region were received on or before the February 23 due date as follows:
1. Kemira Water Solutions, Inc. $1,415.00/Dry Ton
2. Pencco, Inc. $1,700.00/Dry Ton
3. Univar Solutions USA Inc. no bid
After review of the bids, it is recommended to award a contract to Kemira because its bid was the lowest.
STRATEGIC PLAN:
This contract is consistent with the Strategic Plan Priority:
3 – Infrastructure & Environment
FINANCIAL IMPACT:
Funds for this contract will be available in the Fiscal Year 2023-2024 Wastewater Utility Enterprise budget, account code 0710-530-7551.
ALTERNATIVE ACTION:
The City Council could elect to issue its own request for proposals (RFP) for the procurement of ferric chloride. However, the alternative would likely not result in a lower bid.
ATTACHMENTS AND/OR REFERENCES (If any):
1. BACC Bid Review
2. BACC Bid Prices
3. BACC Award Letter
Bay Area Clean Water Agencies
Bid Results for Project 06-2023 FERRIC CHLORIDE
Bid Due on February 23, 2023 4:00 PM (PT)
Addendum Issued: none
SINGLE BID AWARD Kemira Water Solutions, Inc Pencco, Inc Univar BACC RECOMMENDATION Lowest Responsive Responsible
Bidder No Bid
Received via bid platform by bid deadline above y y
Bids submitted on forms provided y y
Must include a base unit price for each geographic area y y Additional charges for "short load" deliveries shown as a standard deviation on bid form n
n
References: minimum of 3 y y
Product Specification Deviations - if any, proposed specification must be attached n
n
Fully Executed Standard Agreement y y
Fully Executed Non-Collusion Affidavit y y
For potable application only: Affidavit of Compliance to AWWA and/or NSF standard or Statement by chemical manufacturer, signed on letterhead attesting to the affidavit's validity or current printout from NSF.org
y
y
Representative lab analysis of the chemical prepared by reputable outside laboratory or ISO Certified y
n
Name /Address of chemical manufacturer Kemira Water Solutions, Inc Pencco, Inc Product Bulletin and Typical Properties y y
Safety Data Sheet (SDS) y y
Addendum/Addenda Acknowledgement n/a n/a
Third Party Hauler? If applicable, name, address, Affidavit signed by Bidder y -Chemical Transfer n Specific Deviations Noted n n
Attachment 1
Bay Area Clean Water Agencies
Bid Results for Project 06-2023 FERRIC CHLORIDE
Bid Due on February 23, 2023 4:00 PM (PT)
Addendum Issued: none
SINGLE BID AWARD Kemira Water Solutions, Inc Pencco, Inc Univar BACC RECOMMENDATION Lowest Responsive Responsible
Bidder No Bid
Received via bid platform by bid deadline above y y
Bids submitted on forms provided y y
Must include a base unit price for each geographic area y y Additional charges for "short load" deliveries shown as a standard deviation on bid form n
n
References: minimum of 3 y y
Product Specification Deviations - if any, proposed specification must be attached n
n
Fully Executed Standard Agreement y y
Fully Executed Non-Collusion Affidavit y y
For potable application only: Affidavit of Compliance to AWWA and/or NSF standard or Statement by chemical manufacturer, signed on letterhead attesting to the affidavit's validity or current printout from NSF.org
y
y
Representative lab analysis of the chemical prepared by reputable outside laboratory or ISO Certified y
n
Name /Address of chemical manufacturer Kemira Water Solutions, Inc Pencco, Inc Product Bulletin and Typical Properties y y
Safety Data Sheet (SDS) y y
Addendum/Addenda Acknowledgement n/a n/a
Third Party Hauler? If applicable, name, address, Affidavit signed by Bidder y -Chemical Transfer n Specific Deviations Noted n n
Attachment 2
PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 16, 2023
Kemira Water Solutions, Inc.
Attn: Christina Imbrogno
4321 W. 6th St.
Lawrence, KS, 66049
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 06-2023 for Supply and Delivery of FERRIC CHLORIDE.
Dear Ms. Imbrogno,
We are pleased to advise you that the bid submitted by Kemira Water Solutions, Inc. for Bid No. 06-2023 was determined to be the lowest responsive bid for the supply and delivery of FERRIC CHLORIDE during the period July 1, 2023 through June 30, 2024.
The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Kemira Water Solutions, Inc. for their respective facilities.
Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.
If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium Attachment 3
Bay Area Clean Water Agencies
Bid Results for Project 06-2023 FERRIC CHLORIDE
Bid Due on February 23, 2023 4:00 PM (PDT)
SINGLE BID AWARD
Section
Description Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Tri Valley Unit of Measure dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton Kemira Water Solutions, Inc $1,375.00 $1,285.00 $1,498.00 $1,498.00 $1,424.00 $1,491.00 $1,415.00 $1,415.00
FERRIC CHLORIDE
Attachment 3
Reso No. (CM)
Meeting Date: 042523 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING CONTRACT WITH KEMIRA WATER
SOLUTIONS, INC., A CORPORATION, FOR THE PURCHASE OF
FERRIC CHLORIDE USED IN WASTEWATER TREATMENT
PROCESSES, IN THE AMOUNT NOT TO EXCEED $275,000 FOR FY
2023-2024; AND DIRECTING THE CITY MANAGER TO EXECUTE SAME (FUNDED FROM THE WASTEWATER ENTERPRISE FUND)
WHEREAS, bidding requirements for the purchase of supplies, equipment and non-personal contractual service and the sale of personal property are set forth in Chapter 5 (Purchasing Procedures) of Title 3 (Finance) of the Watsonville Municipal Code; and
WHEREAS, subdivision (f) of § 3-5.210 exempts purchases when the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve (12) months by another public entity using competitive bidding procedures substantially the same as the City; and
WHEREAS, the City of Watsonville is a member of the Bay Area Chemical Consortium (BACC); and
WHEREAS, the purpose of the consortium is to obtain the best possible price for chemicals through joint purchasing; and
WHEREAS, Kemira Water Solutions, Inc., was determined to be the lowest responsive bid by the BACC for the supply and delivery of Ferric Chloride; and WHEREAS, the City Manager has recommended that the proposal from Kemira Water Solutions, Inc., in an amount not to exceed $275,000, be accepted as the best response.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Reso No. (CM)
Meeting Date: 042523 2
1. Adopting a Resolution approving a Contract for the purchase of ferric chloride does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a purchase available from a vendor who has been selected as the lowest bidder by another public entity using competitive bidding procedures substantially the same as the City for the acquisition of such supplies within the prior twelve months under subdivision (f) § 3-5.210 of the Municipal Code
3. That the purchase of Ferric Chloride from Kemira Water Solutions, Inc., a corporation, in an amount not to exceed $275,000 for FY 2023-2024, is hereby authorized.
4. That the Contract for Consultant Services between the City of Watsonville and Kemira Water Solutions, Inc., for the purchase of Ferric Chloride used in wastewater treatment processes, commencing on July 1, 2023, and ending June 30, 2024, in an amount not to exceed $275,000, a copy of which Contract is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby ratified and approved.
5. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************
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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND KEMIRA WATER SOLUTIONS, INC.
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and Kemira Water Solutions, Inc., hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2023 to June 30, 2024, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $275,000.
SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or
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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.
SECTION 9. INSURANCE.
A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
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C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
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SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.
For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the
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proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Kemira Water Solutions, Inc.
4321 W. 6th Street
Lawrence, KS 66049
(785) 842-7424
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///
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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY
______________________________
Rene Mendez, City Manager
ATTEST:
BY
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
BY
______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
KEMIRA WATER SOLUTIONS, INC.
BY_________________________________
Christina M. Imbrogano, Commercial
Support Manager
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EXHIBIT "A"
SCOPE OF SERVICES
Supply and Delivery of Ferric Chloride.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
July 1, 2023 through June 30, 2024
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EXHIBIT "C"
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $275,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
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C:\Program Files\eSCRIBE\TEMP\21324610346\21324610346,,,Purchase - Sodium Hypochlorite FYE 2024.docx Agenda Report
MEETING DATE: Tuesday, April 25, 2023
TO: City Council
FROM: INTERIM PUBLIC WORKS & UTILITIES DIRECTOR VIDES
WASTEWATER DIVISION MANAGER SMITH
THROUGH: CITY MANAGER MENDEZ
SUBJECT: BULK CHEMICAL CONTRACT FOR SODIUM HYPOCHLORITE USED IN WASTEWATER TREATMENT FOR FISCAL YEAR 2023-
2024
RECOMMENDED ACTION:
Adopt a resolution approving a contract with HASA, Inc. for the purchase of sodium hypochlorite used in wastewater treatment processes in the amount of $225,000 for Fiscal Year 2023-2024; and directing the City Manager to execute the contract.
BACKGROUND:
Various chemicals in bulk quantities are used in wastewater treatment processes, and sodium hypochlorite (“hypochlorite”) is one such chemical used to make recycled water.
The contract with the current vendor supplying hypochlorite expires at the end of the current fiscal year and a new contract must be established to ensure uninterrupted supply of this chemical.
DISCUSSION:
Proper wastewater treatment practices protect Watsonville’s public health and environment and ensure the City’s obligations under its many environmental permits. Various chemicals in bulk quantities are used in wastewater treatment processes, and hypochlorite is one such chemical. Hypochlorite is used to clean the disk filters at the Recycled Water Facility, and to maintain a slight chlorine residual in the treated water delivered to the Pájaro Valley Water Management Agency (PVWMA). The current contract with Univar Solutions USA, Inc. (“Univar”) expires at the end of this fiscal year. A new contract must be approved to ensure uninterrupted supply of this chemical.
Section 3-5.400 of the Municipal Code requires purchases of supplies estimated to cost over $100,000.00 be made pursuant to Article 3 commencing with § 3-5.400 through a formal bidding process.
Section 3-5.210 exempts certain purchases from competitive bidding. Subdivision (e) exempts purchases made cooperatively with one (1) or more other units of government
4/20/2023 9:32:49 PM
C:\Program Files\eSCRIBE\TEMP\21324610346\21324610346,,,Purchase - Sodium Hypochlorite FYE 2024.docx through cooperative purchasing programs substantially the same as the City of Watsonville.
Subdivision (f) exempts purchases when in the opinion of the Purchasing Officer the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve months by another public entity using competitive bidding procedures substantially the same as those used by the City for the acquisition of such equipment or supplies (sometimes called “piggybacking”).
Watsonville is a member of the Bay Area Chemical Consortium (“BACC”). BACC is an informal cooperative of over sixty public agencies that advertises and opens sealed competitive bids and then prepares bid recommendations. Once bids are opened, participating public agencies enter into their own contracts with the lowest responsive bidder. The purpose of the Consortium is to obtain the best possible price for chemicals through joint (bulk) purchasing.
Bids were issued by BACC on January 26 on PlanetBids. Three bids for the South Bay Region were received on or before the February 23 due date as follows:
1. Hasa, Inc. $2.88/gallon
2. Olin Corporation $3.09/gallon
3. Univar Solutions USA, Inc. $3.25/gallon
After review of the bids, it is recommended to award a contract to HASA, Inc. because its bid was lowest.
STRATEGIC PLAN:
This contract is consistent with Strategic Plan Priority:
3 – Infrastructure & Environment
FINANCIAL IMPACT:
Funds for this contract will be available in the Fiscal Year 2023-2024 Wastewater Utility Enterprise, Water Recycling Operations and Maintenance budget, account code 071-532- 7551. These expenses are reimbursed by the PVWMA on a quarterly basis.
ALTERNATIVE ACTION:
The City Council could elect to issue its own request for proposals (RFP) for the procurement of sodium hypochlorite. However, the alternative would likely not result in a lower bid.
ATTACHMENTS AND/OR REFERENCES (If any):
1. BACC Bid Review
2. BACC Bid Prices
3. BACC Award Letter
Bay Area Clean Water Agencies
Bid Results for Project 13-2023 SODIUM HYPOCHLORITE 12.5% Bid Due on February 23, 2023 4:00 PM (PT)
Addendum Issued: one
REGIONAL AWARD Olin Corporation Hasa, Inc. Univar Solutions USA Inc.
Item #
BACC RECOMMENDATION SODIUM HYPOCHLORITE 12.5% for
Sacramento region, SODIUM HYPOCHLORITE
5.25% (Optional bid item) for Sacramento
region
SODIUM HYPOCHLORITE 12.5% for
Central Valley, East Bay, Marin
Sonoma Napa, North Bay, Peninsula,
South Bay, Tri Valley regions.
SODIUM HYPOCHLORITE 12.5% In
275-gal totes (Optional bid item) for
North Bay. Sodium Hypochlorite
12.5% In Drums (OPTIONAL BID
ITEM) for North Bay.
1 Received via bid platform by bid deadline above y y y 2 Bids submitted on forms provided y y y
3 Must include a base unit price for each geographic area y y y 4 Additional charges for "short load" deliveries shown as a standard deviation on bid form y - see below n y-see below
5 References: minimum of 3 y y y
6 Product Specification Deviations - if any, proposed specification must be attached y - see below n n
7 Fully Executed Standard Agreement y y y
8 Fully Executed Non-Collusion Affidavit y y y
9 For potable application only: Affidavit of Compliance to AWWA and/or NSF standard or Statement by chemical manufacturer, signed on letterhead attesting to the affidavit's validity or current printout from NSF.org y n y
10 Representative lab analysis of the chemical prepared by reputable outside laboratory or ISO Certified y y y
11 Name /Address of chemical manufacturer K2 Pure Solutions, CA same K2 and Univar 12 Product Bulletin and Typical Properties y y y
13 Safety Data Sheet (SDS) y y y
14 Addendum/Addenda Acknowledgement y y y
15 Third Party Hauler? If applicable, name, address, Affidavit signed by Bidder n n y 16 Specific Deviations Noted y - see below y - see below y-see below #4,6,16 #16 HASA
Olin
#16 Univar
Attachment 1
#15 Univar
#11
Attachment 1
Bay Area Clean Water Agencies
Bid Results for Project 13-2023 SODIUM HYPOCHLORITE 12.5% Bid Due on February 23, 2023 4:00 PM (PDT)
REGIONAL BID AWARD
Section
SODIUM
HYPOCHLORITE 12.5%
In 275-gal totes
(Optional bid item)
Sodium Hypochlorite 12.5% In
Drums (OPTIONAL BID ITEM)
SODIUM
HYPOCHLORITE
5.25% (Optional bid
item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay North Bay Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal gal JCI Jones Chemicals Inc. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Olin Corporation $3.09 $2.89 $2.99 $2.99 $3.05 $2.89 $3.09 $2.99 no bid no bid $1.50 Univar Solutions USA Inc. $3.50 $3.23 $3.25 $3.21 $3.28 $3.31 $3.25 $3.27 no bid no bid no bid Hasa, Inc. $2.97 $2.85 $2.88 $2.81 $2.91 $2.94 $2.88 $2.69 $4.00 $4.00 $3.50 Lowest responsive bid for each region
Section
SODIUM
HYPOCHLORITE 12.5%
In 275-gal totes
(Optional bid item)
Sodium Hypochlorite 12.5% In
Drums (OPTIONAL BID ITEM)
SODIUM
HYPOCHLORITE
5.25% (Optional bid
item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay North Bay Sacramento Estimated annual quantity (in gals) 1,401,000 1,963,000 1,084,200 2,173,200 940,000 1,304,400 1,370,000 975,500 2,200 3,960 95,000 Olin Corporation $4,329,090.00 $5,673,070.00 $3,241,758.00 $6,497,868.00 $2,867,000.00 $3,769,716.00 $4,233,300.00 $2,916,745.00 no bid no bid $142,500.00 Univar Solutions USA Inc. $4,896,495.00 $6,337,349.20 $3,523,107.90 $6,982,056.96 $3,082,730.00 $4,322,651.16 $4,451,267.00 $3,194,274.75 no bid no bid no bid Hasa, Inc. $4,156,626.90 $5,598,868.60 $3,126,832.80 $6,096,260.64 $2,736,904.00 $3,830,501.04 $3,951,354.00 $2,626,436.20 $8,800.00 $15,840.00 $332,500.00 SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5%
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities in said bids.
Attachment 2
PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 16, 2023
Hasa Inc.
Attn: Christopher Cornish
23119 Drayton St.
Saugus, CA 91530
RE: Regional Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 13- 2023 for Supply and Delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions, and in 275-gal totes in the North Bay region and SODIUM HYPOCHLORITE 12.5% In Drums to the North Bay region.
Dear Mr. Cornish,
We are pleased to advise you that the bid submitted by Hasa Inc. for Bid No. 13-2023 was determined to be the lowest responsive bid for the supply and delivery of SODIUM HYPOCHLORITE
12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions, and in 275-gal totes in the North Bay region and SODIUM HYPOCHLORITE 12.5% In Drums to the North Bay region during the period July 1, 2023 through June 30, 2024.
The participating BACC Agencies from the above regions should be contacting you shortly to discuss entering into contracts with Hasa Inc. for their respective facilities.
Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.
If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium Attachment 3
Bay Area Clean Water Agencies
Bid Results for Project 13-2023 SODIUM HYPOCHLORITE 12.5% Bid Due on February 23, 2023 4:00 PM (PDT)
REGIONAL BID AWARD
Section
SODIUM
HYPOCHLORITE
12.5% In 275-gal
totes (Optional bid
item)
Sodium Hypochlorite
12.5% In Drums
(OPTIONAL BID ITEM)
SODIUM
HYPOCHLORITE
5.25% (Optional
bid item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay North Bay Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal gal Olin Corporation $3.09 $2.89 $2.99 $2.99 $3.05 $2.89 $3.09 $2.99 no bid no bid $1.50 Hasa, Inc. $2.97 $2.85 $2.88 $2.81 $2.91 $2.94 $2.88 $2.69 $4.00 $4.00 $3.50 Section
SODIUM
HYPOCHLORITE
12.5% In 275-gal
totes (Optional bid
item)
Sodium Hypochlorite
12.5% In Drums
(OPTIONAL BID ITEM)
SODIUM
HYPOCHLORITE
5.25% (Optional
bid item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay North Bay Sacramento Estimated annual quantity (in gals) 1,401,000 1,963,000 1,084,200 2,173,200 940,000 1,304,400 1,370,000 975,500 2,200 3,960 95,000 Olin Corporation $4,329,090.00 $5,673,070.00 $3,241,758.00 $6,497,868.00 $2,867,000.00 $3,769,716.00 $4,233,300.00 $2,916,745.00 no bid no bid $142,500.00 Hasa, Inc. $4,156,626.90 $5,598,868.60 $3,126,832.80 $6,096,260.64 $2,736,904.00 $3,830,501.04 $3,951,354.00 $2,626,436.20 $8,800.00 $15,840.00 $332,500.00 SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5%
Attachment 3
Reso No. (CM)
Meeting Date: 042523 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING CONTRACT WITH HASA, INC., A
CORPORATION, FOR THE PURCHASE OF SODIUM HYPOCHLORITE
USED IN WASTEWATER TREATMENT PROCESSES, IN THE AMOUNT
NOT TO EXCEED $225,000 FOR FY 2023-2024; AND DIRECTING THE
CITY MANAGER TO EXECUTE SAME (FUNDED FROM THE
WASTEWATER ENTERPRISE FUND)
WHEREAS, bidding requirements for the purchase of supplies, equipment and non-personal contractual service and the sale of personal property are set forth in Chapter 5 (Purchasing Procedures) of Title 3 (Finance) of the Watsonville Municipal Code; and
WHEREAS, subdivision (f) of § 3-5.210 exempts purchases when the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve (12) months by another public entity using competitive bidding procedures substantially the same as the City; and
WHEREAS, the City of Watsonville is a member of the Bay Area Chemical Consortium (BACC); and
WHEREAS, the purpose of the consortium is to obtain the best possible price for chemicals through joint purchasing; and
WHEREAS, HASA, Inc., was determined to be the lowest responsive bid by the BACC for the supply and delivery of Sodium Hypochlorite; and WHEREAS, the City Manager has recommended that the proposal from HASA, Inc., in an amount not to exceed $225,000, be accepted as the best response.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Reso No. (CM)
Meeting Date: 042523 2
1. Adopting a Resolution approving a Contract for the purchase of Sodium Hypochlorite does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a purchase available from a vendor who has been selected as the lowest bidder by another public entity using competitive bidding procedures substantially the same as the City for the acquisition of such supplies within the prior twelve months under subdivision (f) § 3-5.210 of the Municipal Code
3. That the purchase of Sodium Hypochlorite from HASA, Inc., a corporation, in an amount not to exceed $225,000 for FY 2023-2024, is hereby authorized.
4. That the Contract for Consultant Services between the City of Watsonville and HASA, Inc., for the purchase of Sodium Hypochlorite used in wastewater treatment processes, commencing on July 1, 2023, and ending June 30,2024, in an amount not to exceed $225,000, a copy of which Contract is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby ratified and approved.
5. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************
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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND HASA, INC.
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and HASA, Inc., hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2023 to June 30, 2024, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $225,000.
SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or
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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.
SECTION 9. INSURANCE.
A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
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C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
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SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.
For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or
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otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
HASA, Inc.
23119 Drayton St.
Saugus, CA 91530
(661) 259-5848
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///
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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY
______________________________
Rene Mendez, City Manager
ATTEST:
BY
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
BY
______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
HASA, Inc.
BY_________________________________
Ken Ward, Chief Financial Officer
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EXHIBIT "A"
SCOPE OF SERVICES
Supply and Delivery of Sodium Hypochlorite.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
July 1, 2023 through June 30, 2024
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EXHIBIT "C"
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $225,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
4/20/2023 9:35:56 PM
C:\Program Files\eSCRIBE\TEMP\21355285965\21355285965,,,Report - Purchase Landfill Compactor.docx Agenda Report
MEETING DATE: Tuesday, April 25, 2023
TO: City Council
FROM: INTERIM PUBLIC WORKS & UTILITIES DIRECTOR VIDES
SOLID WASTE DIVISION MANAGER SMITH
ADMINISTRATIVE ANALYST BEJAR
THROUGH: CITY MANAGER MENDEZ
SUBJECT: AUTHORIZE PURCHASE OF A CATERPILLAR LANDFILL
COMPACTOR FROM PETERSON CAT AND APPROPRIATE
FUNDS IN THE SOLID WASTE DIVISION IN THE AMOUNT OF
$717,876.29
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the purchase of a 2023 Caterpillar Model 816 Compactor, from Peterson CAT through the purchasing authority of Sourcewell (formerly NJPA) Purchase Agreement No. 032119-CAT, in an amount not to exceed $717,876.29; and authorizing the City Manager to execute the purchase agreement and to appropriate funds of the same amount in the Solid Waste Enterprise Fund 0740.
DISCUSSION:
The Solid Waste Division will resume receiving refuse at the City’s Landfill in 2024 and is in need of a compactor to process collected solid waste material from the community. The City’s Landfill received its last load of refuse in September of 2020 and refuse currently is disposed of at ReGen in Monterey. To control cost with tipping fees the City will resume operations at the Landfill and a compactor is needed for compaction efficiency.
The City’s Purchasing Policies, specifically subdivision (e) of § 3-5.210 of the Watsonville Municipal Code, exempts purchases made cooperatively with one (1) or more units of government through cooperative purchasing programs substantially the same as the City of Watsonville. The City typically purchases vehicles through a cooperative purchasing source such as Sourcewell (Formerly NJPA) and received a quote from Peterson CAT, which is a member of Sourcewell for the purchase of one (1) 2023 Caterpillar Model 816 Compactor, in an amount of $717,876.29.
City staff has reviewed the quote and recommends a budget allocation of the same amount in the Solid Waste Enterprise Fund 0740 so that the purchase and procurement
4/20/2023 9:35:56 PM
C:\Program Files\eSCRIBE\TEMP\21355285965\21355285965,,,Report - Purchase Landfill Compactor.docx can proceed. This purchase will be funded by a low interest loan from IBANK, which City Council authorized in June 2022 under Resolution No. 115-22.
STRATEGIC PLAN:
This purchase supports Strategic Plan Goal:
3 – Infrastructure and Environment
FINANCIAL IMPACT:
The City obtained a loan from IBANK in the amount of $6,000,000 of which $750,000 was allocated for the purchase of the compactor. Once City purchases the compactor, a loan disbursement of matching amount will be requested and deposited into the budget account number created for the IBANK loan in the Solid Waste Fund. This purchase requires a new budget appropriation of $717,876.29 in the Solid Waste Enterprise Fund 0740 and the creation of an associated new CIP project number.
ALTERNATIVE ACTION:
None recommended.
ATTACHMENTS:
1) Peterson Cat Quote 211526-01
Attachment 1
Attachment 1
Attachment 1
Reso No. (CM)
Meeting Date: 042523 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AUTHORIZING THE PURCHASE OF ONE NEW
CATERPILLAR MODEL 816 COMPACTOR FOR THE CITY’S LANDFILL
FROM PETERSON CAT THROUGH AUTHORITY OF SOURCEWELL
(CONTRACT NUMBER 032119-CAT) IN AN AMOUNT NOT TO EXCEED $717,876.29; AUTHORIZING $717,876.29 BUDGET APPROPRIATION FROM THE SOLID WASTE FUND [0740]; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE PURCHASE ORDER
WHEREAS, competitive bidding requirements for the purchase of supplies, equipment and non-personal contractual services and the sale of personal property are set forth in Chapter 5 (Purchasing Procedure) of Title 3 (Finance) of the Municipal Code; and
WHEREAS, subdivision (e) of § 3-5.210 exempts purchases made cooperatively with one (1) or more units of government through cooperative purchasing programs substantially the same as the City of Watsonville’s; and WHEREAS, the City received a quote from Peterson Cat, Member of Sourcewell through Sourcewell Contract Number 032119-CAT, for the purchase of one (1) new Caterpillar Model 816 compactor, in an amount of $717,876.29; and WHEREAS, City staff has evaluated the bid process used by Sourcewell (formerly NJPA) and determined that its bid process is similar to that of the City of Watsonville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving the purchase of a new Caterpillar Model 816 compactor Loader does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. This purchase is exempt from the purchasing procedures of Chapter 5 (Purchasing Procedures) of Title 3 (Finance) of the Watsonville Municipal Code as a
Reso No. (CM)
Meeting Date: 042523 2
purchase made cooperatively with one (1) or more units of government under subdivision (e) of § 3-5.210 of the Municipal Code.
3. That the budget appropriation of $717,876.29 from the Solid Waste Fund [0740] is hereby authorized.
4. That the Council hereby authorizes the purchase of one (1) new Caterpillar Model 816 compactor, through the purchasing authority of Sourcewell, through Sourcewell Contract Number 032119-CAT, in an amount not to exceed $717,876.29, funded by the IBANK loan disbursement in the Solid Waste Enterprise Fund, and authorizes the City Manager to sign the purchase order for the same, with any minor amendments as approved by the City Manager and City Attorney.
************************************
4/20/2023 9:37:06 PM
C:\Program Files\eSCRIBE\TEMP\2137334428\2137334428,,,Report - Urban Sustainability Dir Network Grant .docx Agenda Report
MEETING DATE: Tuesday, April 25, 2023
TO: City Council
FROM: INTERIM PUBLIC WORKS & UTILITIES DIRECTOR VIDES
SENIOR ENVIRONMENTAL PROJECTS ANALYST VU-DUC
ENVIRONMENTAL SUSTAINABILITY MANAGER MCCLOUD
THROUGH: CITY MANAGER MENDEZ
SUBJECT: ACCEPTING A $15,717 GRANT FROM URBAN SUSTAINABILITY
DIRECTORS NETWORK (USDN) TO BUILD CAPACITY &
OPERATING MODEL FOR THE COMMUNITY CLIMATE
COMMITTEE AND APPROPRIATING SUCH FUNDS TO THE
SPECIAL GRANTS FUND
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution accepting the $15,717 from USDN, authorizing the City Manager to execute all agreements and any amendments which may be necessary, and appropriating such funds to the Special Grants Fund [0260].
BACKGROUND:
The City was awarded $15,717 in grant funding to invest in the City’s Community Climate Advisory Committee (“Committee”) to enhance equitable engagement on delivery of the Climate Action & Adaptation Plan (CAAP). The investment is scoped into a defined project to refresh the existing Committee’s operations with a more formalized, transparent operating model aligned to center justice, equity, diversity and inclusion. This refresh project is titled “Equitable Involvement: Reimagining a Community Climate Advisory Committee” under the funding proposal. A grant has been awarded from the Urban Sustainability Directors Network (USDN).
DISCUSSION:
The City established a Community Advisory Committee (Committee) in 2020 as part of the public engagement process to adopt the Watsonville 2030 Climate Action & Adaptation Plan (CAAP). This committee was formed out of community surveys which identified individual community members to serve, but did not include formal operating agreements or a formal operating model. Input from the committee was gathered at virtual meetings held by City staff and the CAAP was successfully adopted at the end of 2021.
4/20/2023 9:37:06 PM
C:\Program Files\eSCRIBE\TEMP\2137334428\2137334428,,,Report - Urban Sustainability Dir Network Grant .docx As CAAP implementation got underway in 2022, the need for ongoing community input was identified and staff researched best practices to re-engage the Committee. This work revealed that two key elements were missing from the Committee’s operations: 1) committee governance agreements and 2) the explicit integration of justice, equity, diversity & inclusion principles into the governance agreements and their design process.
These findings created a challenge beyond usual budgetary constraints. To meet these needs and operate within State law, the City sought external funding for the Committee’s re-engagement from grant agencies.
The USDN’s Emergent Learning program provides small, short-term grants for innovative projects that result in sustainable climate action. The $15,717 award received by the City will go toward:
1. Costs associated with barriers to participation (such as childcare and catering) for committee members between April and December 2023
2. Consultant fees to:
a. Facilitate Committee workshops to center justice, equity, diversity & inclusion principles
b. Deliver a document outlining a co-designed governance model for Committee operations
Under the grant agreement, the work listed above must be completed by November 30, 2023. This seed funding will provide a springboard for future grants to provide on-going member compensation through the 2030 CAAP timeframe. These funds can be combined with other grants and do not require a match.
STRATEGIC PLAN:
This action is consistent with Strategic Plan Priority:
3 - Infrastructure and Environment
5 - Community Engagement and Well-being
FINANCIAL IMPACT:
Accepting this grant will bring outside funding to offset the cost of the project. In-kind staff support to administer the grant aligns with existing CAAP work programming and is anticipated to decrease the cost of staff time to coordinate public engagement on individual CAAP projects. Proceeds from the $15,717 USDN grant are to be appropriated to the Special Grants Fund [0260].
ALTERNATIVE ACTION:
Council may choose not to accept the grant award. Without the grant award, the Committee can continue to operate with a small number of existing members, without formal agreements, or the integration of explicit equity principles. If the City does not meet these missing operating elements, however, project delivery under the CAAP will have low or inefficient community engagement and reputational risk is increased over time.
ATTACHMENTS AND/OR REFERENCES (If any):
4/20/2023 9:37:06 PM
C:\Program Files\eSCRIBE\TEMP\2137334428\2137334428,,,Report - Urban Sustainability Dir Network Grant .docx
1. Memo of Understanding from the Urban Sustainability Directors Network to fund $15,717 towards the delivery of equity workshops, an operating model, and Committee member compensation.
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
1 Memorandum of Understanding for
Equitable Involvement: Reimagining a Community Climate Advisory Committee This is a Memorandum of Understanding (“MOU”), dated ______________ (“Effective Date”), between Watsonville, CA (“Lead Community”), and the Urban Sustainability Directors Network (“USDN”), an Illinois nonprofit corporation, to implement the Equitable Involvement: Reimagining a Community Climate Advisory Committee project (“Project”).
This Memorandum of Understanding simply describes partnership roles.
1. Purpose and Scope
This reinvigorates a currently minimally active climate advisory committee by applying an equity lens to capacity-building with the intent to deliver:
● increased transparency,
● recognition and application of community wisdom, and
● the governance framework necessary to transition the committee’s engagement from level 2 (consult) to level 3 (involve) on the spectrum from engagement to empowerment1 .
The work is described in greater detail in the Final Project Proposal, Appendix 1.
2. Project Term
USDN and the Lead Community agree to a Project Term of 6-months from award notification (March 2023- November 30, 2023). If more time is required, the Lead Community indicates this to fund management as soon as that is known, so an extension can be documented. Please reference the USDN Award Guidelines and Policies for more information about this process.
3. Responsibilities
a. USDN. USDN, as a project investor, is responsible for:
i. Funding. USDN provides funding for the project in an amount not to exceed $20,000.
Payment(s) are made according to the Payment Schedule described in Table 1. ii. Technical Assistance. USDN contracts with Sutherland & Associates to manage its competitive member funds. Fund management assists with any decision-making that impacts this MOU or any associated agreements/ payments. They receive, confirm, and process all deliverables, quarterly reports, and invoices. They monitor progress and capture the impacts of the investment. Additionally, USDN assigns 1 staff member to each project to ensure the work is integrated into network efforts to advance the field. This person does not make decisions, project manage, or deal with any agreement shifts or
1 As developed by Rosa González in Facilitating Power
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
2 modifications. The initial USDN contact is Baja, who may assign another USDN team member from there – depending on how the work unfolds.
iii. Payment Processing. USDN processes Lead Community approved invoices upon receipt via the Lead Community, within 30 days.
● Invoices are submitted by any party receiving payment, including local governments. Invoices paid by USDN to any party follow the payment schedule outlined in Table 1 of this agreement, which are also reflected in any associated independent contractor agreement(s). All invoices are addressed to:
Urban Sustainability Directors Network (USDN)
Reference: E15- Watsonville, CA
Attn: Terri Norton
Accounting Manager
500 Westover Drive #14973
Sanford, NC 27330
● Project funds are expended per the proposed budget, in accordance with the terms in this MOU and to fulfill the scope of the final and awarded proposal. ● To keep the Lead Community as the visible lead of the work, invoices are approved by the Lead Community and then submitted to USDN fund management for review against the project budget. USDN fund management initiate processing of approved invoices with USDN.2
b. Lead Community. The City of Watsonville as the Lead Community, is responsible for:
i. Project Management and Coordination. Providing the project management and coordination necessary to complete the project.
ii. Communications Briefing. Awardees keep USDN staff person assigned cc’d on all quarterly reports and deliverables.
iii. Quarterly Updates. Submitting a 1-2 paragraph update describing progress on outputs, timeline, budget, and metrics is due at the end of each quarter, until project completion. iv. Final Products and Reporting. By November 30, 2023, submitting:
● Project Products / Outputs. All substantial products and outputs produced as high-quality deliverables, for posting to the USDN website. ● Final Project Report. A final project report, form here ● High Resolution Photos. High resolution .jpg photographs of project work, to potentially be used in USDN communications.
● Project Budget and Expenditures. A detailed record of project expenditures, including a comparison of original budget to award expenditures. Please use the Budget Template here or simply modify and return your proposal budget to show proposed to actuals.
v. USDN Presentation. At project completion, awardees are asked to present project
2 To prevent any payment delays, the Lead Community lets Fund Management staff know of any schedule or staffing changes with as much advance notice as possible so that schedules can be adjusted.
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
3 outcomes during a USDN virtual or in person meeting, if requested.3 vi. 1-Year Impact Report. Submitting a 1-page report 1 year after the project term, noting any additional impacts that have developed since the project ended.
4. Project Participants and Primary Contacts
a. Lead Community and Primary Contact:
i. Lead Community: Watsonville, CA
ii. Project Lead: Toto Vu-Duc, Senior Environmental Projects Analyst, Public Works & Utilities, [email protected] | office: 818-768-3160 | work cell: 818-212- 3419
iii. Project Manager: Toto Vu-Duc, Senior Environmental Projects Analyst b. Project Participants.
i. Primary Participating Local Governments: City of Watsonville ii. Observing Participating local governments:
● Regional Climate Project Working Group agencies
■ City of Santa Cruz
■ County of Santa Cruz
■ City of Monterey
■ County of Monterey
iii. Cross-departmental Participants:
● Leonardo Cruz, Community Outreach Team (Project Communications Manager) iv. External Primary Partners:
● 1-2 Equity & Governance Consultant(s) (private specialist -OR- local communitybased organization) to be confirmed following procurement process ● 15-member Community Advisory Committee, historically selected based on interest, availability, and ability to represent underserved community groups
5. Project Scope: Deliverables, Timeline, Reporting and Payment Schedule Project requests from the Selection Committee:
● Please provide status on funding from the Ecology Action & Regeneration’s Monterey Bay Climate Justice Collaborative. Was this money received?
o No, unfortunately this funding proposal was not successful. I have attached the notice we received from Regeneration advising us of the decision.
● If so, is it duplicative in any way of the actions described in this proposal? Or, is it pure leverage to do more of this kind of work?
o If it had been received, it would have been leveraged, not duplication. The exact amount that would have come to the Watsonville committee specifically was not confirmed because it depended on
3 This request is subject to USDN’s communications schedule and is not guaranteed to be made.
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
4 other factors like which community partners were to be involved in the wider regional collaborative and in what capacity. At most, it could have compensated committee members in their capacities as representatives of local CBOs; this type of role was scoped out of the USDN committee member proposal to begin with as CBO rates differ from individual community representation. ● Can any portion of this request be reduced? USDN’s cap is $20,000, and it would be ideal from a USDN budgetary standpoint to reduce the ask by ~$3,000.
o The proposal has been amended to omit committee member compensation (a $4,290 reduction) but keep costs associated with other barriers to participation (childcare and food). The requested amount now is estimated at $15,717.
Project activities, deliverables, and due dates are scheduled below in Table 1.4 Table 1. Schedule of Project Deliverables and Payments
# Activity Deliverables Due Date Payment / Recipient
Agreements: Signed MOU and
other project agreements
Not later than 30 days
after MOU is delivered
Payment upon fully
executed MOU and
associated invoice:
$15,717 to City of
Watsonville
Communications Briefing
USDN Staff Person
assigned, Baja. Please cc
on quarterly reports and
deliverables.
1 Activity 1. Socialize refresh
opportunity and scope with
existing committee
Deliverable 1: Agenda/notes
and participant list Date: April 1, 2023
Progress Update 1 250-word update Q1: May 15, 2023
2 -
4 Activity 2-4. Procure equity &
governance consultant
Deliverable 2-4: Requests for
proposals, Evaluation
worksheets/notes,
Signed MOU or consultant
contract
Date: July 29, 2023
Progress Update 2 250-word update Q2: August 15, 2023
5 Activity 5. Facilitate equity &
governance workshops
Deliverable 5: Agendas/notes
and participant lists Date: September 29, 2023
Progress Update 3 250-update Q3: October 19, 2023
6 -
7 Activity 6-7.
Deliverable 6-7: Adopted
Committee Charter, MOU or
Terms of Reference,
Agenda/notes confirming
agreed governance
Date: November 18, 2023
8 Activity 8. Finalize project
costs
Deliverable 8: Invoices and
receipts for childcare & food Date: November 30, 2023
4 Please add these dates to calendars(s) and proactively notify USDN Fund Management if it is anticipated that any deliverable due dates will shift after this award agreement is executed. Schedules will be adjusted accordingly. Table 1 becomes the project’s Deliverables Report. Each time a deliverable is received, it is returned to the Lead Community from Fund Management with notes/links as a receipt. This method keeps each party clear and aligned on the status of the work.
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
5 expenditures, Participant
attendance spreadsheet
(supported by Deliverable 5)
9 Activity 9. Provide lessons
learned and planned projects
impacted
Deliverable 9. Project closure
report, including lessons
learned and future projects to
benefit from renewed
committee
Date: November 30, 2023
Final Project Report, Photos,
and Budget Reconciliation
Final project report describing
lessons / impacts, high
resolution photos (.jpg format)
and the final reconciled
budget
Date: November 30, 2023
USDN Presentation
Possible scheduling of a presentation to the network:
dependent on the outcomes, audience, and USDN network
communications schedule
6. Lobbying. USDN project funds cannot be used for lobbying.
Please complete the attached acceptance form, and email back to the Fund Management team and Terri Norton ([email protected]). Then, USDN will sign and return a fully executed copy to the Lead Community.
Urban Sustainability Directors Network
Signature:
Name: Jamal Brown
Title: Chief Financial Officer
Date:
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
6 Acceptance of Memorandum of Understanding
The City of Watsonville accepts the terms of this MOU.
Name: Rene Mendez
Title: City Manager
Signature:
Instructions for Check Issuance: Invoices will be submitted for each payment by the organization receiving funds with a completed ACH Authorization Form and W-9 Form City/County Tax ID Number: 94-6000451
Project Lead Contact Information:
Name: Toto Vu-Duc
Address: 500 Clearwater Lane, Watsonville, CA 95076
Phone: (831)_212-3419
Email: [email protected]
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
7 Appendix 1
Full Project Proposal
Emergent Learning Fund Proposal Form 1
Funding Track 1: Relationship Building, Planning or Development Work
1. Project type: member-to-community
2. Project focus: capacity building
3. Project title: Equitable Involvement: Reimagining a Community Climate Advisory Committee
4. Project purpose: This project reinvigorates a currently minimally active climate advisory committee by applying an equity lens to capacity-building with the intent to deliver:
● increased transparency,
● recognition and application of community wisdom, and
● the governance framework necessary to transition the committee’s engagement from level 2 (consult) to level 3 (involve) on the spectrum from engagement to empowerment5.
5. Amount requested: $15,717
6. Project timeline: High-level phases are listed below. All months refer to 2023:
a. Mar-Jul: Procure an equity consultant
b. Aug-Oct: Consultant-Committee Equity & Governance Workshops c. Nov: Governance Adoption
d. Dec: Project Close
7. Visualization of impact summary.
The community advisory committee is Watsonville’s primary lever to ensure our Climate Action & Adaptation Plan (CAAP) prioritizes frontline community needs. This committee creates a forum for people who – for many reasons, but mostly those due to systemic inequities – can’t access existing City institutions with influence. The vision for what this committee can accomplish is inspired by Multnomah County’s Climate Justice by Design and Auckland Council’s Mana Whenua Forum.
This proposal is scoped to gather community advice and buy-in on the CAAP’s implementation, shifting the level of engagement from tokenization to voice. Our approach builds on lessons learned from other City initiatives like the Policing & Social Equity Commission while also addressing targeted improvements to the original climate committee voiced by members and City staff (for specifics, please see question 11). The result seeks to impact not only how the CAAP is delivered, but also provide the building blocks for greater
5 As developed by Rosa González in Facilitating Power
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
8 community capacity to undertake effective climate action together beyond the CAAP’s 2030 goals.
Years of climate work have shown that highly functional and diverse community advisory committees can positively alter the agency of the represented communities and change a city’s approach to community input. Over time, these shifts scale up, increasing community ownership of climate work beyond simple one-off project participation. The compound benefits associated with increased community agency are significant, like local job creation and career pathways emerging in the long-term delivery of CAAP projects.
These benefits can be leveraged for further funding opportunities and regional capacity building. While equitable community advisory boards are becoming best practice across the country, in Watsonville this initiative will be a first. The model proposed incorporates learnings from past efforts at community panels and previous USDN equity training investment to serve as a proof of concept integrating equity principles and act as a lever for broader cultural change. The inclusion of an equity consultant is also a capped, exploratory exercise to discover local specialists who may not be known to the City. The ripple effect goes beyond the city as long-term skills, relationships, and trust grow between local governments, frontline communities, equity professionals, and regional climate networks.
8. Lead USDN member. Toto Vu-Duc, Senior Environmental Projects Analyst, Public Works & Utilities
[email protected] | office: 818-768-3160 | work cell: 818-212-3419
9. Other participants:
● Leonardo Cruz, Community Outreach Team (Project Communications Manager) ● 1-2 Equity & Governance Consultant(s) (private specialist -OR- local community-based organization) to be confirmed following request for proposal Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
9 ● 15-member Community Advisory Committee, historically selected based on interest, availability, and ability to represent
underserved community groups
10. Root cause design. Our root cause analysis uses a
simplified 5 Whys Funnel Diagram (image: right).
Our proposal for an equitable climate committee
will directly impact symptoms at levels:
5) amplifying frontline perspectives to increase the
proportion of representation and ownership
4) increasing representation pathways for lowincome, indigenous, people of color, and women 3) designing a space to consult these communities
specifically.
This proposal impacts symptoms three levels deep
into the problem by creating a space designed for
communities that were intentionally excluded from
institutions rooted in colonialism. Addressing this
deep root cause requires generations of change.
Over time – and with capacity built by this seed
funding – future iterations of this committee can
make strides towards decolonial social change through climate justice work.
11. Influencing change. Watsonville’s Community Advisory Committee (Committee) was created in 2019 for input on the city’s CAAP. There were shortcomings in the Committee’s original scope, which did not include:
● on-going community engagement or empowerment for duration of the CAAP’s implementation (through 2030)
● full-spectrum prioritization for frontline community benefits (except for select programs like energy justice and food justice)
● diversity and inclusion strategy criteria to ensure frontline demographics were prioritized ● explicit equity and climate justice principles or agreement on a clear governance model Unfortunately, because of a California law restricting public utilities expenditures (Prop 218), the City’s team responsible for implementing the CAAP cannot legally fund committee investment using the team budget. The City’s team now seeks external grant funding as a creative workaround to finance the investment needed to address these barriers to effective and equitable community climate engagement.
This proposal is the result of the project team reflecting honestly on past community input efforts and applying shared learnings to shape the support for the Committee going forward.
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
10 We have also taken the time to learn and base this proposal on current equity approaches that enable community empowerment. These learnings include:
○ Applying best practice takeaways from the USDN Equity in Practice Series:
■ power mapping and persona activity to inform approach to diversity & inclusion
■ wraparound support to budget food and childcare costs for committee members
○ Watsonville takeaways from participating in a 2022 USDN Emergent Learningfunded Centering Justice: Monterey Bay Climate Response ○ Building in interviews with individual committee members to provide honest feedback and a baseline for this work
In November 2022, the City reconvened the Committee for the first time since the CAAP was adopted at the end of 2021. With the learnings above, City staff led a structured but open discussion to gauge interest of remaining members and provide an update on this new, equity-centered vision for the Committee. These members voiced concern for the gap in activity and also wanted to see more accountability around how Committee input will be used. Once the refresh project was presented including its focus to center justice, equity, diversity and inclusion into a more formalized operating model that will provide this accountability, the members were supportive of the proposal and agreed on a regular meeting every two months from February 2023, despite uncertainty of compensation.
By investing in this Committee’s equitable development, USDN ensures that a space is created for compound social changes that will influence climate practice. This proposal will provide a framework and tools for the Committee to advance Watsonville’s CAAP goals.
These strategies will be shared to enhance collective local government understanding on how to reimagine their own committees.
12. Focus on partnership. The proposal team is committed to collaborative efforts to implement the CAAP. In addition to the regional and local partners delivering projects under the CAAP, the team is also engaged in partnership development for further funding and participation specific to the Committee. These relationships are at varying levels of maturity, but include:
a. Partnerships through the Regional Climate Collaborative Grant proposal process
i. with 27 agencies as part of Ecology Action & Regeneración’s Monterey Bay Climate Justice Collaborative6
ii. with the Healing & Reconciliation Institute as a letter of support for their Indigenous Climate Action Circle
6 This regional grant proposal includes potential future funding for Watsonville local committee compensation.
Successful applicants will be notified in December 2022.
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
11 b. Agreement in principle as part of a UC Berkeley study for equitable electric vehicle charging deployment
c. Leveraging additional USDN resources and networking it provides, such as:
i. POCSI Network - supporting the proposing team with greater resilience for people of color working in the climate space
ii. Equity in Practice Series - applying the tools provided by this training and additional coaching sessions
iii. Equity Foundations Series - piloting Watsonville use to determine its feasibility for wider staff distribution
iv. Emergent Learning-funded Centering Justice: Monterey Bay Climate Response experience
13. Multi-pronged approach: This proposal plants the seed for long-term, meaningful engagement through to 2030 Climate Action Plan goals. This approach will provide a sustainable governance model co-developed between committee members and City staff leading climate projects. The project team has also identified the need for governance review cycles, so that the committee’s operating model can grow and adapt to changing needs.
These changes will include how the committee functions as an engagement forum. It will also include an evaluation of membership diversity, commitment, and term. By co-developing these expectations with the current committee, our approach builds on the community leadership we have now while providing the framework for it to change.
The first six months of this committee transformation will require the most resourcing. During this phase, we will work to implement more equitable engagement practices, and provide a key transition from tokenization to voice on the engagement spectrum. This seed funding will provide a springboard for future grants to provide on-going member compensation and further staff training to foster wider cultural change. These activities beyond this proposal have already been identified as eligible for the following federal funding opportunities this year, and align well with this proposal’s timeline:
● Community Economic Resilience Fund Economic Development Pilot ● Environmental Protection Agency’s 2023 Environmental Justice Government-toGovernment Program Opportunities for further external funding beyond this initial period through 2030 will be greatly improved by the foundational work proposed here to re-establish a more equitable and transparent committee operating model.
14. Defining and measuring success: There are two facets to measuring success this proposal supports:
1. The shorter-term definition of success focuses on closure and evaluation of the deliverables outlined in the team’s project charter as:
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
12 a. Committee Terms of Reference or Memo of Understanding grounded in ethical space, including defined purpose, diversity in representation, governance structure, schedule, ways of working, and review intervals & scope developed with Committee participants
b. Community participants and representatives can be adequately and transparently recognized for their contributions as local subject matter experts on the Committee
c. Adequate funding is obtained and distributed to both build capacity for effective Committee engagement7 and sustain its operations through the CAAP implementation period (2030)
2. The long-term definition of success builds on this short-term refresh project to integrate system measures that provide the narrative of community advice on Watsonville climate work through 2030 and beyond. These metrics include:
a. quantitative data of how many implementation projects under the Climate Action & Adaptation Plan obtain a community steer from the Committee b. qualitative data showing accountability on how that community steer was followed (or if not, why) and its impact on project success c. program-scale data chronicling project success/failure rate trends compared to whether the project implemented community advice or not (and if not, why) d. long-term inclusion of additional equity metrics as part of Climate Action Plan reporting and built on advances in equity and inclusion made via committee engagement
The scope of this proposal includes reporting and measurement of the short-term project refresh in item 1 above only, but the bigger picture goals for integrated success help to show how these smaller scale deliverables will build towards climate justice across the city, in its climate plan and beyond.
15. Project plan.8
# Activity Deliverable Due Date
1 Socialize refresh opportunity and
scope with existing committee 1: Agenda/notes and participant list April 1, 2023 2 -
4 Procure equity & governance
consultant
2: Requests for proposals
3: Evaluation worksheets/notes
4: Signed MOU or consultant contract
July 29, 2023
5 Facilitate equity & governance
workshops 5: Agendas/notes and participant lists October 27, 2023
7 “effective engagement” here is defined as being bi-directional, on-going, culturally centered, multi-knowledgeable, and grounded in mutual trust 8 The Project Plan table is part of the proposal Word document and is included in the proposal’s page limit.
Attachment 1
EF15 – Watsonville, CA
Project Amount: $15,717
Project Completion Date: November 30, 2023
13 6
-
7 Formalize & agree governance
6: Adopted Committee Charter, MOU or
Terms of Reference
7: Agenda/notes confirming agreed
governance
November 18, 2023
8 Finalize project costs
8: Invoices and receipts for childcare &
food expenditures, Participant
attendance spreadsheet (supported by
Deliverable 5)
November 30, 2023
9 Provide lessons learned and
planned projects impacted
9: Project closure report, including
lessons learned and future projects to
benefit from renewed committee
December 30, 2023
Budget.
Itemized Cost
List Each Cost
Against the
Requested Amount
Below
Requested
Amount
Other
Funding
Sources*
TOTAL in
USD Notes
Committee
Member
Childcare**
$2,925 $2,925 15 members @ $15/hr babysitting rate for 13 1-hour meetings
Governance &
Equity Specialist
Consultants**
$11,297 $11,297 1 consultant @ 71.5 total hours @ $158/hr (see sheet 2 for full Consultant Scope of Work)
Catering/Food** $1,495 $1,495 20 participants @ $5.75 each for 13 meetings Virtual Whiteboard
Collaboration Tech
Subscription
$324 $324 1-year subscription enabling virtual meeting
collaborative function (e.g. voting)
RFP Advertisement
Costs $2,000 $2,000 1 month (4 individual) of listings in the local Pajaronian newspaper Translation
Services** $1,690 $1,690 1 City translator @ $65/hr for 13 1-hour meetings + 13 hours written translation City Project Staff $18,800 $18,800
Rates vary, but this item represents total
annual cost of City through in-kind project
staff hours including consultant RFP process &
majority of meeting admin
TOTAL $15,717 $22,814 $38,531
Attachment 1
1 Reso No. (CM)
Meeting Date: 042523 SWZ ______ RM ______ PWU ______
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ACCEPTING A $15,717 GRANT FROM THE URBAN
SUSTAINABILITY DIRECTORS NETWORK TO BUILD CAPACITY &
OPERATING MODEL FOR THE COMMUNITY CLIMATE COMMITTEE;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS
AND ANY AMENDMENTS THERETO AND ANY NECESSARY
DOCUMENTS WHICH MAY BE NECESSARY; AND APPROPRIATING
SUCH FUNDS TO THE SPECIAL GRANTS FUND [0260]
WHEREAS, the Urban Sustainability Directors Network (USDN) has provided funds for the Emergent Learning Fund grant program; and WHEREAS, the USDN has been delegated the responsibility for the administration and disbursement of this grant program; and
WHEREAS, the USDN has granted the City of Watsonville $15,717 as an awardee of the Emergent Learning Fund for Quarter 1 Cycle to invest in its community climate advisory committee; and
WHEREAS, the ongoing input from the community climate advisory committee is required to implement the Watsonville Climate Action and Adaptation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution accepting a Grant from the Urban Sustainability Directors Network does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. That the Council hereby accepts the Urban Sustainability Directors Network, in the amount of $15,717 to invest in the City’s Community Climate Advisory Committee to enhance equitable engagement on delivery of the Climate Action & Adaptation Plan.
2 Reso No. (CM)
Meeting Date: 042523
3. That the City Manager is hereby authorized and directed to execute in the name of the City of Watsonville, any agreements and all other documents and any amendments thereto, as well as any necessary documents to complete the acceptance of the grant.
4. That the $15,717 grant is hereby appropriated to the Special Grants Fund [0260].
****************************************
4/20/2023 9:38:01 PM
C:\Program Files\eSCRIBE\TEMP\21375852166\21375852166,,,Report - CDBG 2023-2024 Draft Annual Action Plan.docx Agenda Report
MEETING DATE: Tuesday, April 25, 2023
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
HOUSING MANAGER LANDAVERRY
ADMINISTRATIVE ANALYST PAZ
THROUGH: CITY MANAGER MENDEZ
SUBJECT: SUBMITTAL OF THE 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a Resolution approving the Community Development Block Grant Annual Action Plan for the fiscal year 2023-2024, and authorizing the City Manager to submit the same to the United States Department of Housing and Urban Development for approval, with any possible adjustments to the funding levels, and with clarifying and/or non-substantive modifications, as necessary.
DISCUSSION:
The City of Watsonville (City), as a HUD entitlement community, must adopt a five-year Consolidated Plan for HUD approval, which serves as the planning guide in determining how the City’s allocation of CDBG funds will be utilized over the five-year period. The fiveyear Consolidated Plan provides:
1. An assessment of the housing and community development needs,
2. A strategic plan for addressing these needs, and
3. An annual Action Plan that outlines how the CDBG funds will be used each year.
This is year four of the City’s 2020-2024 Consolidated Plan, which was submitted to HUD and was approved. To meet the community’s needs, the Consolidated Plan is guided by the following goals: Affordable Housing, Economic Development, Public Services and Public Facilities.
The draft 2023-2024 Action Plan includes the following new and continuing activities:
4/20/2023 9:38:01 PM
C:\Program Files\eSCRIBE\TEMP\21375852166\21375852166,,,Report - CDBG 2023-2024 Draft Annual Action Plan.docx Project Name Description/Activities
Section 108 Loan
Repayment
Planned loan repayment under Section 108. City used funds to construct the new Civic Plaza parking garage to spur on development and job creation. The project only includes planned repayments of the Section 108 Loan.
Youth Center Staffing
Funding will be used for Parks and Community services staff at the Gene Hoularis Waldo Rodriguez Youth Center, which
provides recreational services to approximately 100 youth each day. The Youth Center provides a variety of recreation and neighborhood services programs that benefit the City's youth.
The recreational programs will focus on, sports, games, arts & crafts, and other learning programs.
Code Enforcement
(Affordable Housing)
The proposed funding will be used to operate a code
enforcement program in target areas to address and inspect illegal and unsafe construction, substandard housing and property maintenance issues throughout the City. In addition, City staff will hold community educational trainings and presentations in low-income areas to ensure that real properties do not reach a state of deterioration or disrepair.
Administration and
Planning
Planning administration and management of the CDBG Program.
Oversight will include reporting, expenditure tracking, IDIS entry, action plan development, monitoring, citizen participation, program guidelines, housing rehabilitation program, contract management and compliance.
Micro-Enterprise
Business Technical
Assistance
In order to strengthen local entrepreneurship in Watsonville, the City will provide funds to El Pajaro Community Development Corporation, a non-profit organization, to manage the Plaza Vigil Business Incubator program that focuses on providing microenterprise business technical assistance and general technical assistance to small businesses. The activity will also provide funding for the Incubator Without Walls program, which provides business training and technical assistance to Watsonville business start-ups and entrepreneurs.
Housing Rehabilitation
(Affordable Housing)
The on-going Watsonville Housing Rehabilitation Program assists in the rehabilitation of homes owned or rented by low- and moderate-income residents that are found to be deteriorated, deteriorating, and/or unsafe living conditions. In addition to the provision of low-interest loans for rehabilitation projects, City staff assists eligible participants to develop the scope of work, plans and specifications for their projects, and handle contract bidding and construction management.
Ramsay Park
Playground
The Park will add an all-inclusive Playground to the amenities as described in the Ramsay Park Master Plan. The Playground will serve youth from 5-12 years old of all abilities and is scheduled for construction in 2024 with a completion date of 2025.
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C:\Program Files\eSCRIBE\TEMP\21375852166\21375852166,,,Report - CDBG 2023-2024 Draft Annual Action Plan.docx In drafting the annual Action Plan, staff conducted public outreach through several avenues including social media, local papers and public events. In-person community meetings were held on February 16, March 10, and March 27, 2023, to solicit public comments on the use of CDBG funds, and a draft of the 2023-2024 Action Plan was made available for public review and comment beginning April 10, 2023, in compliance with HUD regulations.
To date, no public comments have been received.
The proposed 2023-2024 Action Plan is due to HUD by May 15, 2023. This fiscal year the City’s allocation was decreased by 8.79%, but additional funding is available (unused funds) due to having received higher than anticipated program income for Fiscal Year 2022- 2023. The proposed activities and funding for the 2023-2024 Action Plan are summarized below:
Estimated Revenue
CDBG Entitlement Program Year 2023 (HUD Actual) $663,290 Available unused funds $100,000
Estimated Program Income receipts during Fiscal Year 2023-24 $80,000 Total anticipated to be available $843,290
Proposed Activities
Youth Center Staffing $113,120
Code Enforcement $100,000
Micro/Small Business Assistance Program (EPCDC) $50,000 Section 108 Loan Repayment – Civic Plaza Parking Structure $167,705 Program Administration $148,658
Affordable Housing Rehabilitation Program $163,807
Ramsey Park Playground $100,000
Total Proposed Allocations $843,290
Contingency Activities
Contingency activities (back-up activities) may be funded if sufficient additional CDBG program income and/or funds become available due to cancellation of any previously approved activities. Cancellation of activities occurs when construction requirements and/or budget constraints cannot be met. There are no contingency activities proposed for the 2023-2024 Action Plan.
STRATEGIC PLAN:
Activities proposed in the 2023-2024 Action Plan are consistent with the following City’s Strategic Plan.
1-Housing
2-Fiscal Health
3-Infrastructure & Environment
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C:\Program Files\eSCRIBE\TEMP\21375852166\21375852166,,,Report - CDBG 2023-2024 Draft Annual Action Plan.docx 4-Economic Development
5-Community Engagement & Well-Being
7-Efficient and High Performing Government
CEQA
The preparation and submittal of the Action Plan is not subject to CEQA, as the action is not a project as defined in Section 15378(b) (2) of the Public Resources Code, and therefore no further review is required.
FINANCIAL IMPACT:
There will be no financial impact to the General Fund. Funding for the proposed activities will be provided by the Community Development Block Grant.
ALTERNATIVE ACTION:
The City Council could direct staff to make amendments to the proposed 2023-2024 Action Plan.
ATTACHMENTS AND/OR REFERENCES (If any):
None
Reso No. (CM)
Meeting Date: 041123 SWZ ______ RM ______ CDD________ 1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT (“CDBG”) ANNUAL ACTION PLAN FOR FISCAL YEAR 2023-2024 AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAME
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR APPROVAL, WITH ANY POSSIBLE
ADJUSTMENTS TO THE FUNDING LEVELS, AND WITH CLARIFYING
AND/OR NON-SUBSTANTIVE MODIFICATIONS, AS NECESSARY
WHEREAS, the City of Watsonville ("City") has been designated an “Entitlement City” by the United States Department of Housing and Urban Development (“HUD”) which entitles the City to receive an annual allocation of Community Development Block Grant (“CDBG”) funds to implement housing and community development projects throughout the entire City; and
WHEREAS, the Action Plan is a required annual component of the 2020-2024 Consolidated Plan for HUD approval before the City can receive 2023 CDBG funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA AS FOLLOWS:
1. Adopting a Resolution approving the CDBG Annual Action Plan does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. That the Community Development Block Grant Annual Action Plan for Fiscal Year 2023-2024, attached hereto and incorporated herein, is hereby approved.
3. That the City Manager is hereby authorized and directed to submit to HUD, for approval with any possible adjustment to the funding levels, and with clarifying and/or non-substantive modifications, as necessary, for and on behalf of the City of Watsonville,
Reso No. (CM)
Meeting Date: 061422
ri 4/26/2023 3:27:52 PM
2 the City’s Community Development Block Grant Annual Action Plan for Fiscal Year 2023- 2024.
**********************************
Annual Action Plan
2023
1 City of Watsonville
2023 DRAFT ACTION PLAN
FY 2023-2024
(July 1, 2023-June 30, 2024)
Community Development Department
250 Main Street
Watsonville, CA 95076
Annual Action Plan
2023
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Annual Action Plan
2023
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
Please note that this is a draft and that edits/additions will be made as new information is received.
The 2023-2024 Annual Action Plan which covers the period of July 1, 2023 through June 30, 2024, encapsulated the fourth year of the 2020-2024 Consolidated Plan. The City anticipates continuing to receive CDBG funding throughout the Consolidated Plan period. The City of Watsonville will continue to leverage CDBG funding in its First Time Homebuyer and Housing Rehabilitation Programs, which utilize multiple funding sources including HOME, CDBG, CalHome and Inclusionary Housing in-lieu fees. These Programs provide gap financing to make it more affordable for low income individuals to purchase a home and financial/technical assistance to low income homeowners or homeowners who rent to low income households make repairs to an existing home.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
The City's objectives for activities included in the 2023-2024 Action Plan include the following:
• Expand and improve the quality and quantity of public service programs through the City’s Youth Center.
• CDBG funds will also be used to continue renovations and improvements to the Senior Center Building for improved ADA access, ADA Kitchen and other minor renovations. • Provide infrastructure and public facility funding.
• Economic Development continue to provide funding to El Pájaro Community Development Corporation to provide micro-enterprise business technical assistance. • Continue to promote CDBG housing rehabilitation program and provide funding for eligible home owners.
3. Evaluation of past performance
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This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
The City accomplished several of the goals and continues to make every effort to meet the community needs through many service programs, park and facility improvements, and provide suitable living environments through code enforcement.
The City provided a $50,000 grant to the El Pájaro Community Development Corporation (EPCDC) for operation of their small business technical assistance programs. The ongoing environmental and health disasters have been a persistent challenge for the organization and the community. Through it all EPCDC continues to remain dedicated in supporting their clients and creating accessible and flexible programs to assist in business recovery and growth.
The City used over $320,000 from its emergency housing assistance program to assist 77 renters affected by the COVID-19 economic crisis.
The City’s Parks and Community Services Department (PCSD) organizes various special events for youth at various community centers and park facilities. The department has reinstated their programs and added more programs. The guidelines and safety protocols to prevent the exposure of COVID-19 are still in place. The PCSD Youth Center continues to provide a safe place for youth to gather and engage in prosocial activities that foster human development and create healthy lifestyles.
The City continues its commitment in providing focused and enhanced code enforcement in specific geographic areas. The purpose of the Program is to use targeted code enforcement in conjunction with other City programs to reverse the decline and revitalize the areas so that community pride and commitment can support permanent change.
During the FY 2022-2023, the City was successful in completing the following through its housing programs.
• The City loaned $2.335 million to MidPen Housing Corporation for the construction of 72 affordable apartment units. Construction has begun and it is scheduled to be completed (insert date).
• The City Council has also approved a loan of $1 million to Eden Housing for the construction of 53 affordable housing units. Construction has begun and it is scheduled to be completed (insert date).
These two affordable projects will provide much needed housing for low- and very low-income farmworkers, homeless persons, families and persons with disabilities. In addition, the City of
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Watsonville, as the Successor Agency to the former RDA, continues to manage the Affordable Housing Program with limited funding from loan payments.
• Approved the resale of 1 affordable units to new low-moderate income first time homebuyers.
A total of 128 inquiries were received for homebuyer assistance during the Program Year and provided 3loans. Staff received four rehabilitation program inquiries from interested households, and provided four applications to eligible households but unfortunately none were submitted.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
• Date of Public Meeting: February 16, 2023
• Date of Public Meeting: March 10, 2023
• Date of Public Meeting March 27, 2023
• Notice of the Availability of the Plan was published on March 24, 2023, in the RegisterPajaronian, a newspaper of local circulation • The Plan was published for review on April 10, 2023
• Public Hearing was held April 25, 2023
• Thirty-day citizen comment period opened April 10, 2023, and closed May 12, 2023
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
A Public meeting was held February 16, 2023-no comments were received from the public.
A Public meeting was held March 10, 2023-no comments were received from the public.
A Public meeting was held March 27, 2023-no comments were received from the public.
A Public Hearing was held April 25, 2023-no comments were received from the public.
6. Summary of comments or views not accepted and the reasons for not accepting them No comments were received.
7. Summary
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Based on the needs assessment, market analysis, and public outreach, the City identified the following priorities for the Consolidated Plan that would build a healthy community and expand economic opportunities:
• Affordable Housing – Providing safe, decent affordable housing for extremely low to moderate income households, preserving and increasing the affordable housing stock and supporting housing programs for the homeless, including emergency shelter, transitional and permanent housing programs, and homeless prevention
• Economic Development – Provide opportunities to promote economic development and enhance housing stock by expanding economic opportunities through enhancement of downtown living areas and commercial/industrial environments through improvement programs
• Public Services – Enhance public safety and suitable living environments by: 1) Supporting Crime prevention and Code enforcement activities; increased affordable housing opportunities; and 2) By increasing supportive services to people with special needs, homeless persons, and lowincome persons and families • Public Facilities – Enhance the community’s image and living conditions by fostering improved infrastructure and parks conditions to serve low and moderate income needs including continued improvements with public facilities rehabilitation and infrastructure reconstruction These goals align closely with the City Council’s seven goals, which include:
• Affordable HousingPublic servicesInfrastructure & EnvironmentEconomic DevelopmentCommunity engagement & Well-beingPublic SafetyEfficient & High Performing Government
To address these goals, the City plans to fund downtown improvement plans and infrastructure upgrades, improvements to parks and senior and youth service centers, continuing targeted code enforcement activities in low income areas, provide loans to homeowners needing health and safety repairs, support microenterprise businesses, support services to the homeless, assist with accessibility and new facility projects. Other types of projects may be considered as needed throughout the Consolidated Plan timeframe.
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator WATSONVILLE Community Development Department Table 1 – Responsible Agencies
Narrative (optional)
The City of Watsonville (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs. The City’s Community Development Department is responsible for administering the funds it receives under the Community Development Block Grant (CDBG).
Consolidated Plan Public Contact Information
City of Watsonville
Community Development Department
Housing Division
250 Main Street, Watsonville, CA 95076
Phone: (831) 768-3080; Fax: (831) 763-4114
Email: [email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City consulted a variety of agencies, including local and regional non-profits, government organizations, faith-based organizations, fair housing advocates and other organizations involved in the development and preservation of affordable housing, creation of job opportunities for low- and moderate-income residents, and/or provision of services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. The City facilitates feedback through the following methods:
• Stakeholder surveys (web-based, social media, and paper surveys) • Individual stakeholder consultations
• Community meetings
• Public hearings
• Receipt of written comments. The City prepared a Community Needs Survey, in both English and Spanish. The survey was distributed at key locations throughout the City and was also accessible in both languages and formats on the City's website and on social media (Facebook).The goal of the consultation process was to gather data to help determine the priority needs of City of Watsonville residents and opportunities for coordination to improve availability and accessibility to services.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Watsonville is an active member of various agencies and organizations that provide services to the community as indicated in the 2020-2024 Consolidated Plan. The City seeks out and has been successful in collaborations with the County of Santa Cruz, private and non-profit housing developers, and local non-profit service providers to preserve and create safe and decent affordable housing through its Affordable Housing and Housing Rehabilitation Programs.
The City is a contributing member of the Monterey Bay Economic Partnership (MBEP) Housing Trust Fund whose initiative is to support an increase in the supply of housing throughout the Monterey, Santa Cruz and San Benito Counties. In addition, City staff is a member, along with other local jurisdictions, State legislative representatives, for and non-profit housing developers and non-profit service providers, of MBEP’s Housing Advisory Committee, which meets every other month to discuss and address housing related matters.
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The City Council approved the transfer of 36 Airport Road to Habitat for Humanity has been completed.
This transaction will yield 100% permanently affordable housing development consisting of 7-9 single family dwellings for sale to households at or below the low income level.
The City is also collaborating with the County of Santa Cruz, Housing Authority of Santa Cruz County and local non-profit housing developers and providers to identify fair housing issues, contributing factors and provide recommended areas of improvement on a local as well as regional scale.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
During the 2022 program year, the City continued its financial and administrative support for the All InToward Home for Every County Resident. The City has continued to be an active member of a group of policymakers, service providers, funders, and advocates working on local strategies to prevent and reduce homelessness.
The South County Homeless Subcommittee met all goals established for the work groups. We have an operational winter shelter site offering 38 beds. In 2018 a Day Center Services Center for homeless individuals that offer showers, laundry, mail services, internet access and access to service providers that offer services to homeless individuals and families was opened and continues its operation. In 2021 a new facility with 92 beds, 50 residential and 42 for homeless & at-risk women and women with children opened its doors. This center has now opened a restaurant that is run by its residents. The group has also been working on developing an annual work plan to address homelessness in our community. We have also worked to refresh County Wide Priorities of the All-In Plan in order to prepare relevant goals and an action plan to address current needs. The Subcommittee has identified the following five priority areas: Prevention, Services, Community/Environment, Crisis Response and System Support.
The City in partnership with Santa Cruz County Adult Mental Health have a designated full time Crisis Mental Health Worker riding with Watsonville Police Officers. This Crisis Worker is able to intervene, deescalate and provide referrals to homeless members who are in crisis and in need for mental health services. We are exploring possibilities to expand this service in our community as this program has been very successful in addressing mental health crisis experienced by homeless individuals in our City, lining them with services and resources that can help them.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS
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2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization California Rural Legal Assistance, Inc.
Agency/Group/Organization Type Services-Victims of Domestic Violence Service-Fair Housing
Legal Assistance
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 2 Agency/Group/Organization COMMUNITY ACTION BOARD OF SANTA CRUZ.
Agency/Group/Organization Type Housing
Referral and Counseling Services
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input.
Annual Action Plan
2023
10 OMB Control No: 2506-0117 (exp. 09/30/2021)
3 Agency/Group/Organization Community Bridges
Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Health
Services-Education
Referral Services
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 4 Agency/Group/Organization Encompass Community Services Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 5 Agency/Group/Organization Families in Transition of Santa Cruz County, Inc.
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Market Analysis
Homeless Needs
Annual Action Plan
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11 OMB Control No: 2506-0117 (exp. 09/30/2021)
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 6 Agency/Group/Organization Housing Authority of Santa Cruz County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Public Housing Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. In addition, the Agency was contacted via email seeking information about public housing activities in Watsonville, which was provided and included in the Plan. 7 Agency/Group/Organization Pajaro Valley Unified School District Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Homelessness Needs - Unaccompanied youth
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 8 Agency/Group/Organization Monarch Services (AKA Women's Crises Support-Defensa de Mujeres) Agency/Group/Organization Type Housing
Services-Victims of Domestic Violence
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Homeless Needs
Annual Action Plan
2023
12 OMB Control No: 2506-0117 (exp. 09/30/2021)
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 9 Agency/Group/Organization Salud Para La Gente
Agency/Group/Organization Type Services-Health
Health Agency
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
Lead-based Paint Strategy
Non-Housing Community Development Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City has partnered with various organizations, through various grants, in an effort to provide needed service to its residents. Many of these services are provided by these other organizations in conjunction with other City services and programs. The Housing Rehabilitation Program is one such example in which the City has involved certain housing and service providers as well as local agencies such as Salud Para La Gente and the County of Santa Cruz Health Department.
These agencies have been instrumental in helping to develop strategies such as those the City uses to address lead and asbestos hazards as well as providing direct project assistance in cases where health and environmental hazards have been identified.
10 Agency/Group/Organization THE SALVATION ARMY, Watsonville Agency/Group/Organization Type Housing
Services-Children
Services-Elderly Persons
Services-homeless
Regional organization
Emergency Disaster Relief
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Non-Homeless Special Needs
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 11 Agency/Group/Organization HOMELESS SERVICES CENTER
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 12 Agency/Group/Organization United Way of Santa Cruz County Agency/Group/Organization Type Regional organization
Provides a variety of services
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted by phone seeking information about victims of domestic or other violent acts.
Annual Action Plan
2023
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13 Agency/Group/Organization Watsonville Law Center
Agency/Group/Organization Type Services-Victims of Domestic Violence Service-Fair Housing
Legal Assistance
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 14 Agency/Group/Organization SECOND HARVEST FOOD BANK
Agency/Group/Organization Type Food Bank
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 15 Agency/Group/Organization Central Coast Broadband Consortium Agency/Group/Organization Type Broadband
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City of Watsonville continues to support the efforts of the CCBC by providing GIS services and acting as their fiscal agent for managing their active California Advanced Services Fund (CASF) grant. In the past, we have also collaborated on federal and state grant applications and attempted to align policies, such as a digonce policy, with other neighboring agencies.While the CCBC is focused on regional efforts to increase opportunities and resources that can lead to improved broadband in our area, the City has begun funding and installing fiber optic cable as opportunities arise for its own use and for leasing to private parties under an enterprise fund as well as leasing facilities to Internet Service Providers to encourage more high speed broadband services into City facilities to provide more redundancy options for our Internet access and to be able to better serve our residents . The City has developed a rough fiber optic infrastructure plan that we are working to build out but are still looking for funding opportunities to complete this build for increased access and reliability to City facilities and to greatly reduce our ongoing management expenses in the form of on-call repair services. This infrastructure build out is solely a City endeavor and beyond the current scope of the CCBC's services and goals.
Identify any Agency Types not consulted and provide rationale for not consulting
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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care County of Santa Cruz
The County of Santa Cruz Homeless Action Partnership (HAP) identifies gaps in funding and applies to HUD for CoC funds annually for new and renewing projects based on local needs and priorities and is consistent with the County's 10-Year Strategy to End Homelessness. The City of Watsonville is an active participant in these efforts.
Strategic Plan 2021-
2022
City of Watsonville, City
Council
The City of Watsonville's Strategic Plan shares the goals of creating affordable housing, protecting public safety, economic development, reducing reliance on reserve funds, improving communications and enhancing community image.
City of Watsonville
2015-2023 Housing
Element
City of Watsonville
Community
Development
Department
The Housing Element includes many goals that are consistent with the Strategic Plan including promotion of fair housing for all, provision of special needs housing, preservation of existing housing and production of new affordable housing.
City of Watsonville
2005 General Plan
City of Watsonville
Aligns with the strategic plan goal of improving the quality of life for the City's low- and moderate-income community. The General Plans address a wide range of issues that affect Watsonville, such as development and economic and social concerns that can affect the overall quality of life.
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
The City of Watsonville participates in regional planning efforts and several working groups on matters of mutual interest related to CDBG and housing and will continue to work collaboratively with the Housing Authority of Santa Cruz County and the Homeless Action Partnership (HAP).
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting • Date of Public Meeting:February 16, 2023
• Date of Public Meeting: March 10, 2023
• Date of Public Meeting March 27, 2023
• Notice of the Availability of the Plan was published on March 24, 2023, in the Register-Pajaronian, a newspaper of local circulation • The Plan was published for review on April 10, 2023
• Public Hearing was held April 25, 2023
• Thirty-day citizen comment period opened April 10, 2023, and closed May 12, 2023
Annual Action Plan
2023
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 2020-2024
Consolidated Plan
Needs Assessment
Survey
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Nontargeted/broad
community
The Needs
Assessment Survey
was disseminated in
paper hard copy and
in electronic form on
the City's website
and on Social Media
(Facebook), in
English and Spanish,
to advise the City on
the highest priority
housing, community
and economic
development needs
in Watsonville
All comments were
accepted and
incorporated into
the survey results.
N/A All comments
were accepted.
Annual Action Plan
2023
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
2 Internet Outreach
Nontargeted/broad
community
Survey article on
City's website and
social media
outreach (Facebook)
inviting residents to
participate in
Community Needs
Assessment survey
and notifying
residents that
feedback is an
essential component
of the Consolidated
Plan process
3 Public Meeting
Non-English
Speaking - Specify
other language:
Spanish
Public meeting was
held, February 16,
2023
None received N/A
4 Public Meeting
Non-English
Speaking - Specify
other language:
Spanish
Nontargeted/broad
community
Public Meeting was
held, March 10, 2023
None received n/a
Annual Action Plan
2023
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
5 Public Meeting
Non-English
Speaking - Specify
other language:
Spanish
Nontargeted/broad
community
Public Meeting was
held March 27, 2023
None Received N/A
6 Public Hearing
Non-English
Speaking - Specify
other language:
Spanish
Nontargeted/broad
community
Public Hearing was
held, April 25, 2023
None Received N/A
Table 4 – Citizen Participation Outreach
Annual Action Plan
2023
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Annual Action Plan
2023
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City anticipates continuing to receive CDBG funding throughout the Consolidated Plan period. The City of Watsonville will continue to leverage CDBG funding in its First Time Homebuyer and Housing Rehabilitation Programs, which utilize multiple funding sources including HOME, CDBG, CalHome and Inclusionary Housing in-lieu fees. These Programs provide gap financing to make it more affordable for low income individuals to purchase a home and financial/technical assistance to low income homeowners or homeowners who rent to low income households make repairs to an existing home.
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Annual Action Plan
2023
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
663,290 80,000 100,000 843,290 2,856,620
CDBG funding will be used toward eligible
projects and programs, such as housing,
public services, public improvements,
neighborhood preservation, facility
improvements, parks, economic
development, Section 108 loan repayment
and administration. Anticipated program
income has been included in this AAP, as well
as a small amount of prior year resources that
had not been committed yet. All activities
were at budget but due to an increase in the
City's estimated Program Income the City was
able to increase the allocated amount from
it's prior year resources.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The CDBG program has no matching requirement. Applicants for funding are asked to provide financial information in their application to indicate capacity to carry out the activity/project. The extent of needs in the City of Watsonville far exceeds the available funding from the CDBG program. Most activities to be pursued by the City with CDBG funds will be leveraged with a variety of funding sources, including: grants from State, Federal, and local governments; private foundations; capital development funds; general funds; private donations of funds or services; and other various funding sources. Below are a few City projects that have been funded using different funding sources;
Annual Action Plan
2023
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City Plaza ADA Restroom Improvements Project Phase I & II-have been completed.
Ramsay Park Project-has used several funding sources including the California Department of Natural Resources Urban Greening Program, City’s Capital Improvement and Operating funds. This project also received a 23 million grant for much needed repairs throughout the park, soccer field, Soccer Central, Softball field, and other parts of the park.
Senior Center- For the last few years this building has been receiving upgrades by using several funding sources, Public Works Impact fees, Capital Improvement and Operating funds.
The City is actively pursuing grants and awards for projects not otherwise funded with CDBG funds.
Annual Action Plan
2023
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Discussion
Annual Action Plan
2023
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Affordable
Housing
2015 2019 Affordable
Housing
Affordable
Housing
CDBG:
$100,000
Homeowner Housing Rehabilitated: 3
Household Housing Unit
Housing Code Enforcement/Foreclosed
Property Care: 100 Household Housing
Unit
2 Economic
Development
2015 2019 Non-Housing
Community
Development
Economic
Development
CDBG:
$217,705
Businesses assisted: 50 Businesses Assisted
3 Public Services 2015 2019 Public Services Public Services CDBG:
$122,068
Public service activities other than
Low/Moderate Income Housing Benefit:
350 Persons Assisted
4 Public Facilities 2015 2019 Public Facilities Public Facilities CDBG:
$306,024
Public Facility or Infrastructure Activities
other than Low/Moderate Income Housing
Benefit: 1 Persons Assisted
Table 6 – Goals Summary
Goal Descriptions
Annual Action Plan
2023
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1 Goal Name Affordable Housing
Goal
Description
Providing safe, decent affordable housing for extremely low to moderate income households, preserving and increasing the affordable housing stock and supporting housing programs for the homeless, including emergency shelter, transitional and permanent housing programs, and homeless prevention.
2 Goal Name Economic Development
Goal
Description
Microenterprise Business Technical Assistance. Provide opportunities to promote economic development and enhance housing stock by expanding economic opportunities through enhancement of downtown living areas and commercial/industrial environments through improvement programs. 3 Goal Name Public Services
Goal
Description
Youth Center Staffing -
Enhance public safety and suitable living environments by: 1) Supporting Crime prevention and Code enforcement activities; increased affordable housing opportunities; and 2) By increasing supportive services to people with special needs, homeless persons, and low-income persons and families
4 Goal Name Public Facilities
Goal
Description
Enhance the community’s image and living conditions by fostering improved infrastructure, and parks conditions to serve low and moderate income needs including continued improvements with public facilities rehabilitation and infrastructure reconstruction
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Projects
AP-35 Projects – 91.220(d)
Introduction
The Five Year Consolidate Plan outlines proposed strategies for the expenditures of the City’s CDBG funds with the goal to provide a suitable living environment by revitalizing low- to moderate-income neighborhoods, to assist disadvantaged, low-income, and homeless persons by providing adequate public facilities and services and generating affordable housing opportunities. This annual plan focuses resources in the areas of affordable housing, economic development, public services, and public facilities.
Projects
# Project Name
1 Section 108 Loan repayment
2 Youth Center Staffing
3 Targeted Code Enforcement
4 Administration and Planning
5 Micro-Enterprise Business Technical Assistance
6 City of Watsonville Rehabilitation Program
Table 7 - Project Information
Annual Action Plan
2023
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Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Priority needs identified in the City’s Five-Year Consolidated Plan, the corresponding local objectives, and the specific activities to be undertaken during the 2022 Program Year to address each need are outlined below.
Affordable Housing
Homeownership Housing Rehabilitation
Targeted Residential Code Enforcement
Economic Development
Micro-enterprise Business Technical Assistance
Entrepreneur Support
Public Services
Youth Services
Objectives of providing positive alternatives for youth in order to prevent juvenile crime and gang violence are addressed through several ongoing programs under the collaborating efforts between the Police and the Parks and Community Services Departments. There are 3 recreational sites that provide positive programming throughout the week ranging in a variety of recreational enrichment activities that promote positive emotional and physical well-being.
Youth Programs
F.L.Y.E.R.S. After School Program: For youth in 1st-5th grade. Provide assistance with homework, participate in sports, games, arts & crafts activities. Transportation is provided from school to the program site.
Spring and Winter Break Day Camp: A week long for youth ages 5-12 held during the P.V.U.S.D spring and winter breaks. The full day camp features a variety of activities, healthy snacks/lunches and a trip to a local attraction.
Camp W.O.W. Summer Day Camp: For youth ages 5-12. It is comprised of 8, 1-week sessions. Each session features a different theme and a trip to a destination. Youth participate in a variety of sports, games, arts & crafts activities with healthy snacks/lunch provided.
Annual Action Plan
2023
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Youth Soccer Program: Offers recreational and competitive opportunities for boys and girls ages 5 to 14 in spring and fall. The program is affiliated with Breakers FC Academy.
Itty Bitty Sports Program: Geared towards youth ages 3-5. It is comprised of 4, 1-week session per sport. Each session introduces the participant to the fundamentals of the sport while having fun.
Currently on hold due to COVID-19
Youth Gymnastics Program: Program is for youth ages 3-10 and is designed to teach basic gymnastics skills. Emphasis is on developing motor skills, eye-hand coordination and confidence.
Public Facilities (Infrastructure)
The City’s infrastructure is improved by various Public Works projects, including reconstruction, rehabilitation, and/or addition of streets, sidewalks, and other types of infrastructure, and the removal architectural barriers to accessibility for the physically challenged within public areas and ways.
Homelessness and Special Needs
Special Housing Need
Transitional Housing Programs
The City addresses the needs of the homeless and citizens with special needs by ongoing support of local service agencies through the City’s Social Service Grant Program. The City participates in the Santa Cruz County-wide CoC strategy through financial and human resources contributions to the Homeless Action Partnership (formerly the Santa Cruz County CoC Committee).