Item 12 - Award of Contract to United Site Services of CA, Inc. for Portable Toilet Services; RFP No. 20-018DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL June 16, 2020 Honorable Mayor and Members of the City CouKI Eric Heidemann, Director of Public Works '1 ~ Will Wiley, Assistant Director of Public Works for Maintenance Operation · (858) 668-4705 or wwiley@poway.org Award of Contract to United Site Services of California, Inc. for Portable Toilet Services; RFP No. 20-018 A notice inviting proposals for portable toilet rental and servicing was duly advertised on April 16, 2020. One responsive proposal was received and opened on May 8, 2020. United Site Services of California, Inc. (United Site Services) was determined to meet the Public Works Department's bid specifications and needs. The first term of the Contract is two years beginning July 1, 2020, through June 30, 2022. The Contract may be extended through a total of three separate one-year extensions, subject to City Council appropriation of funds. The maximum length of the Contract would be up to five years. Recommended Action: It is recommended that the City Council award the Contract for Portable Toilet Services, RFP No. 20-018, to United Site Services, and authorize the City Manager to execute all necessary documents associated with the Contract. Discussion: The City has 11 portable toilets around Lake Poway and Blue Sky, and two permanent restroom facilities at Iron Mountain that need servicing and maintenance. Additionally, staff occasionally rents portable restroom units to be used at various city weekend events throughout the year, to support construction projects where needed and to address emergency needs should they arise. The City's most recent portable toilet services and rental contract expired on April 30, 2020. To obtain a new service and rental contract, the City issued a notice inviting proposals on April 16, 2020. The Request for Proposal was advertised on the City's electronic bid notification system, Construction Bidboard, which markets the City's bid solicitations to registered vendors and markets opportunities to local contractors. In addition, the bid opportunity was made available for 1 of 22 June 16, 2020, Item #12
download from the City's website. Due to the limited number of vendors providing this service in the area and the City's overall limited quantity of units, one proposal was received on May 8, 2020. Staff reviewed the proposal submitted by United Site Services and determined it met the City's bid specifications and needs. The contract is for rental, delivery, maintenance and pick-up of portable toilets at various locations. The contract includes weekly and monthly cleanings. Additionally, the contract provides for as-needed servicing, such as increasing the frequency of cleanings of facilities to prevent the spread of COVID-19. United Site Services was the City's most recent service provider and has been providing service to the satisfaction of staff for the past two years. United Site Services is a leader in temporary site services with an extensive inventory and solid customer service. The result of United Site Services pricing is provided below: Table 1: Annual Portable Toilet Services Item# Location Unit Type Service Price Per Total Service Total Price and Qty. Visit Service Visit Per Per Year Frequency Week/Month 1 Lake Poway Single - 8 1 per week $20.15 $161.20 $8,382.40 per week 2 14521 Lake Single - 1 1 per week $20.15 $20.15 $1,047.80 Poway Rd. per week 3 Blue Sky, Single -1 1 per week $20.15 $20.15 $1,047.80 Espola Rd. per week 4 12325 Single - 1 As-Needed $20.15 $20.15 -Crosswaite Hwy 67 & Two toilets $453.86 5 within one Monthly $453.86 $5,446.32 Poway Rd. structure per month Hwy 67 & Two toilets 6 within one As-Needed $453.86 -$453.86 Poway Rd. structure Estimated Total Cost Per Year $16,398.33 The length of the initial Contract is two years beginning July 1, 2020 through June 30, 2022. The estimated annual cost for the servicing of the City's portable toilets and the permanent facilities at Iron Mountain is approximately $16,400 per year. The Contract may be extended subject to Council appropriation of funds and the mutual agreement between the City and United Services through a total of three separate one-year term extensions. The maximum length of the Contract would be up to five years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of 22 June 16, 2020, Item #12
Fiscal Impact: Funds to award the Contract to United Site Services are included in the Fiscal Year 2020-21 Proposed Budget (414040-41200). If approved by Council, the Contract will be awarded upon adoption of the proposed budget. Public Notification: None. Attachments: A. Contract with United Site Services of California, Inc. Reviewed/ Approved By: Assistant City Manager 3 of22 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager June 16, 2020, Item #12
City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this First day of July, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and United Site Services of California, Inc. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform portable toilet services for various locations in the City (Project); and WHEREAS, Contractor is a(n) temporary site services Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 4of22 1 ATTACHMENT A June 16, 2020, Item #12
5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of22 2 June 16, 2020, Item #12
"Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [:8J 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6 of22 3 June 16, 2020, Item #12
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits. Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 7 of22 4 June 16, 2020, Item #12
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. 8 of22 5 June 16, 2020, Item #12
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 9 of22 6 June 16, 2020, Item #12
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 22 7 June 16, 2020, Item #12
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: __________ _ ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 11 of 22 8 UNITED SITE SERVICES CALIFORNIA, INC. By:------------Name, Title Date: ___________ _ OF June 16, 2020, Item #12
A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform consulting services as required by City, which shall consist of the portable toilet services further described in the Scope of Services submitted with the proposals dated May 7, 2020, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated May 7, 2020, which are included in this document as Attachment 2. Total fee is $16,161.33 per year. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2020, and ending June 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 22 9 June 16, 2020, Item #12
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Contractor: 13 of 22 10 City of Poway P.O. Box 789 Poway, CA 92074 United Site Services of California, Inc. 475 Corporate Dr. Escondido, CA 92029 June 16, 2020, Item #12
EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 14 of 22 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 11 1 June 16, 2020, Item #12
Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 15 of 22 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 12 June 16, 2020, Item #12
Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 16 of 22 13 June 16, 2020, Item #12
ATTACHMENT 1 SCOPE OF WORK 1. General Description: The City is committed to provide a clean and safe environment to all residents and visitors. The City has 13 portable toilets and is requesting to enter into a service contract for weekly and monthly routine service. Contractor shall be experienced in providing services including delivery, setup, general maintenance and service of portable toilets and sinks, and replacement of damaged units. The unit prices in the fee schedule shall include full compensation for all labor, supervision, fuel, all applicable taxes and/or tax increases, materials, equipment, tools, cleanup, waste disposal, and incidentals required to perform portable toilet service or as-needed service of rentals, and no other compensation will be allowed. All work performed under this contract will be performed in such a manner as to provide maximum safety to the public and employees, and shall comply with all safety provisions and regulations. Due to limited accessibility around the Lake Poway, the City requires use of a small pump truck. 2. Work and Response Time: Scheduled maintenance and delivery will typically occur during normal business hours. However, the Contractor should be prepared to respond to all requests for service 24 hours per day, 365 days per year including unscheduled emergency work. A. Business Hours: Unless otherwise specified, all work shall be done during regular workings hours (Monday through Friday, 7:00 a.m. to 4:00 p.m.). Contractor shall have an answering service, cell phone, or office personnel available during normal business hours (7:00 a.m. -4:00 p.m.) to receive service request notifications. B. As-Needed Service Calls: When notified by the City Representative, Contractor shall provide services onsite for all scheduled appointments or within 12 hours of the request for service, including holidays, weekends, and after hours. 3. Safety: Contractor shall abide by all local, state, federal, and CAL/OSHA, policies, and procedures including labeling of containers. Contractor will be responsible for fines incurred if not in compliance with above regulations. Before the start of work, Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs relating to the performance of the services provided. City staff may conduct a storm water inspection to verify that Best Management Practices (BMPs) are properly implemented at any time during the service. Additional BMPs may be recommended or required to eliminate or prevent discharges to the stormwater conveyance system or Lake Poway. The Staff Administrator reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. Personal Protective Equipment (PPE) shall be supplied by the Contractor for their staff, as required, and properly used at all times. 4. Environmental: No discharges of any material may enter the storm drain system or Lake Poway including water, wastewater, wash water, dust, petroleum products, soil 17 of 22 14 June 16, 2020, Item #12
ATTACHMENT 1 or debris. Contractor must immediately remove any such material that inadvertently enters the storm drain system and immediately notify the City Representative. If any activity could potentially release materials to the storm drain system or the lake, the City's Representative must be notified prior to activity and appropriate protection of the storm drain system shall be implemented as described in the BMPs in Appendix C. 5. Waste Disposal: Any and all disposal fees shall be paid by Contractor. Contractor shall properly dispose of all pumped materials at an authorized legal dumpsite. Use of City dump stations, septic tanks or sewage tanks is prohibited. Waste disposal must be performed in accordance with all State and Federal laws and storm water best management practices (BMPs) as required by Appendix C. 6. Materials and Equipment: Contractor will provide all paper items, soaps, cleaning materials and other tools, equipment, apparatus, and materials needed to perform all work necessary. 7. Maintenance Requirements: 18 of 22 A. Routine Maintenance: Portable toilets are to be serviced per the frequency listed in the Detail Bid Form. Service shall include, but not be limited to, the following: i. Empty waste tank contents. ii. Thoroughly clean waste tank and refill with chemically treated water treatment to include anti-freeze as necessary). iii. Thoroughly clean and disinfect seats, doors, walls, floors and any other exposed surface. Any deodorant blocks installed are to be replenished. iv. Toilet tissue dispensers are to be supplied and fully stocked. v. Remove and dispose of any debris. vi. Remove any graffiti applied to any portion of the portable toilet (inside and outside). vii. Perform repairs as needed to make the toilet usable and maintain user privacy (replacement if damaged unit is beyond repair). viii. Provide and maintain a written service log affixed to the inside of the portable toilet that lists the date of each service visit. ix. Responsible for proper and lawful disposal of all waste removed from the portable toilets. x. Cleaning shall also include any minor repairs and parts discovered at time of servicing the unit. B. Emergency Response Work: The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule. The Contractor shall provide and maintain emergency service response of the City's facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays. Emergency Response Work shall be performed on a time and materials basis. 15 June 16, 2020, Item #12
ATTACHMENT 1 8. Rentals: The City may also require units be delivered and services for special events and circumstances. A. Service to include as-needed delivery of rental toilets to various locations, set-up for operation, periodic service cleaning and subsequent removal from location. B. Portable toilets and hand wash stations are to be delivered complete, fully stocked with water, chemicals, paper goods and soap, set up and ready for immediate use at designated City locations. C. The City and Contractor will coordinate the placement of portable toilets to accommodate the intended users and to allow access for service by the Contractor at all times. D. Contractor shall secure portable toilets sited on soil or mulch with stakes or other attachment methods to prevent units from being tipped over. No stakes allowed on turf therefore an alternative location and/or means for securing the equipment must be approved in advance by the City. E. All portable toilets are to be constructed of poly-plastic or heavy-duty type fiberglass and to be of sufficient height to prevent it from being blown over. F. All portable toilets are to be graffiti-free. Any cost for vandalism insurance must be included in the unit cost of the portable toilets. The City is not responsible for any vandalism to the portable units and shall not pay a separate charge for any vandalism repairs. All vandalism insurance shall be included in the weekly rental fee for the portable toilets. G. Any portable toilet delivered in an unserviceable condition, or any unit rendered unserviceable by defect, vandalism, acts of mischief, or acts of nature shall be the responsibility of the Contractor, and shall be corrected within 24 hours of report, at no additional cost to the City. 9. Licenses: Contractor to submit documentation demonstrating it's obtained the proper approval/permits to dispose of water, refuse and debris at an approved disposal site. Provide a copy of authorization by the Director of Health Services of the County of San Diego to service portable toilets and holding tanks. Have current registration with the Department of Industrial Relations (DIR) per Prevailing Wage requirements. 1 O. Invoices: On or before the first day of each calendar month, Contractor shall submit a detailed invoice to the City Staff requesting payment for services rendered in the preceding month. Each invoice must include purchase order number, date of invoice, costs for each unit for rental and service visit, hours expended, materials, additional supplies, etc. Upon receipt of an invoice, each invoice shall be reviewed by the City Staff for the purpose of determining whether the payment request is undisputed and proper for payment. A payment request shall be considered properly executed iffunds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the City. If it is determined not to be a request suitable for payment, it shall be returned to Contractor as soon as practicable, but not later than seven (7) working days after receipt, accompanied by a document setting forth in writing the reasons why the invoice is not proper. City shall make the payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. 19 of 22 16 June 16, 2020, Item #12
ATTACHMENT 1 11. Locations: The City reserves the right to add/delete locations and quantities throughout the service term of this contract. 12.Assignment and Subcontracting: The Contractor may not subcontract, transfer, or assign any portion of the contract. [Remainder of Page Left Blank Intentionally] 20 of 22 17 June 16, 2020, Item #12
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0
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ATTACHMENT 2
I. Portable Toilet Service for Two Years:
r -A B C D E F
1 Item Location Unit Type # of Units Service Price Per Total 104 Weeks/24 Months Total Price Per 2-
# Visit Per Service Service Per During 2-Year Term Year Term
Week Visit Week/Month (DxE) = F
{AxBxC)=D
I 1 Lake Poway Single 8 1 $ 20 .15 $ 161.20 rX 104 = $ 16,764.80
1 2 14521 Lake Single 1 1 $20.15 $ 20 .15 I x 104 = $2,095 .60
' I Poway Rd.
'3 Blue Sky, Single 1 l 1 $20. l 5 $ 20.15 :x 104 = $2,095.60
.I Espola Rd. !
j I
'4 12325 Single 1 ! As-Needed $20.15
!
$20.15
I Crosswaite* l
Is Hwy 67 & Two toilets 1 Holding tank
1
Monthly $ 453.86 $ 453.86 !x 24 = $10,892 .64 I I
I Poway Rd.** within one below ground I structure (1 ,000 qal.) l I 16 Hwy 67 & Two toilets 1 Holding tank : As-Needed $ 453.86 I $ 453 .86
I Poway Rd . within one below ground I structure (1 000 qal.)
i
Grand Total Price for Two Years $ 32,322.65
i __ Mubil e unit.
** Pump service on!y
TOTAL IN WORDS:
thirty two thousand three hundred twenty two DOLLARS and sixty five CENTS
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II. Rate for Additional Service Visit (non-scheduled) Servicing
; Item
1
-e-a#--· Out Rate-on-Ffi.
7:00 a.m. -4:00 o.m.
I After HOtttS-&
Saturda
Sunday & Holidays
' 1 Lake Po $ 74.69 I$ 247,04 $342 .00
,2 14521 Lake Poway Rd . $ 74.69 $247.04 $ 342.00
3 Blue SkY. Esoola Rd . $ 74.69 I $247.04 $
;4 12325 Crosswaite $74.69 $247.04 $ 34 __
5 Hwv 67 & Poway Rd. $14 .69 $ 247.04 $342.00
:6 'Hwv 67 & Powav Rd . $ 74.o9 $ ... $
18 June 16, 2020, Item #12
Ill. Unit Rental and Servicing
N
N
0
'""" N
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Unit Type
Standard Unit
Standard Unit with Hand Wash
ADA Accessible Unit
ADA Accessible Unit with Hand Wash
Stand-alone Hand Wash Station
Rate Per Day
$ 84.69
$ 96. I 8
$119.16
$ n/a ---
$ 96.18
ATTACHMENT 2
Rate Per Week Rate Per Month Cost per Service
$84.69 $ 145.14 $ 20.15
$96.18 $ 181.50 $ 28.44
$119.16 $179.61 $20.15
$ n/a $ n/a $ n/a
$96 18 $ 156.63 $ 20.15
19 June 16, 2020, Item #12