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HomeMy WebLinkAboutL- 5 Shopping Cart REtrieval Service Agreement • * y, °, . * The City of AzusaN ,e 40100:,,,„-,,, ;fr, "ft, 0 PO TO: MAYOR AND CITY COUNCIL MEMBERS ifri FROM: ROY E. BRUCKN?44,,I MMUNITY DEVELOPMENT DIRECTOR VIA: RICK COLE,CITY MANAGER DATE: MAY 1,2000 SUBJECT: SHOPPING CART RETRIEVAL SERVICE AGREEMENT Recommended Action:Approve the Agreement for Services with California Shopping Cart Retrieval Corporation and authorize the Mayor to sign the agreement. Facts and Analysis: The proliferation of abandoned shopping carts throughout the city has been an issue within the community for several years. Efforts to stem the abandoned carts have involved both city personnel and private retrieval services hired by a few of the stores which provide carts to their customers.In terms of cost,the city has spent an estimated$30,000 per year in personnel costs to pick-up abandoned carts on a periodic basis.In February of this year the City Council adopted a Shopping and Laundry Cart ordinance following several meetings with the California Grocer's Association, and local merchants, in an effort to effectively deal with the abandoned cart problem. The ordinance authorizes the City Manager to retain the services of a private contractor to perform abandoned cart retrieval within the city. To this end, staff contacted "California Shopping Cart Retrieval Corporation",a non-profit organization which will perform ongoing cart retrieval of carts left in the public right-of-way,or which do not have required identification signs attached.The cost of this service is$13.00 per load of 27 carts.Carts which are picked-up by the company as abandoned will be placed in storage at the city yard for retrieval or disposal. Cart owners will be charged a fee for service for any carts retrieved from the city yard. The proposed fee,and any infraction fine which will be imposed,will be brought before the City Council and adopted by Resolution at a later date. Scrap metal received for carts which are ultimately disposed of will be used to off-set the cost of the program. It is expected that the initial sweep of the city for abandoned carts will lead to a rapid reduction in the number of junk carts when coupled with continued daily maintenance by the contractor. Fiscal Impact: Staff is anticipating a cost in the current Fiscal Year of approximately$2,000 with an ongoing annual cost of approximately$3,000. The current year costs will be charged to the Business License Division Special Studies Account.Any subsequent cost recovery from fees or fines will be used to off-set any costs incurred. Prepared by: David E. Rudisel, Community Improvement Manager d 5- ed PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement("Agreement")is executed by and between the City of Azusa, a political subdivision of the State of California("City")and the California Shopping Cart Retrieval Corporation, Inc., a California nonprofit corporation("Contractor"). RECITALS WHEREAS, Contractor is a nonprofit mutual benefit corporation formed to provide cart retrieval services to its members and others; and WHEREAS,City desires to retain Contractor to perform cart retrieval services,including the collection and delivery to Azusa, California (or such other location(s) designated by city) of unmarked, (carts which do not have information which identifies the owner of the shopping cart), shopping carts throughout the City as described in Attachment A,attached hereto and incorporated herein by this reference, and WHEREAS, City and Contractor desire to contract for cart retrieval services as more specifically described herein, NOW THEREFORE,in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Contractor shall provide the services described in Attachment A and shall be compensated in accordance with the fee schedule set forth in Attachment B. attached hereto and incorporated herein by this reference. 2. City understands and agrees that the services provided by Contractor pursuant to this agreement will be performed wholly or in large part by subcontractors retained by Contractor. 3. City agrees to cooperate with,and to provide all necessary information and assistance to, Contractor in order that Contractor may fulfill its obligations pursuant to this Agreement. 4. The term of this Agreement shall begin on the date of execution by both parties and shall continue in full force until December 31, 200 5. Either party may terminate this Agreement by giving thirty days written notice to the other party. The parties shall continue to perform their respective obligations under this Agreement during the thirty-day notice period. Either party may terminate this Agreement for cause, effective immediately, upon written notice to the other party. For purposes of the Agreement"cause" shall include, but no be limited to, a material breach of this Agreement. Upon termination with or without cause, City shall pay to Contractor, within thirty days of receipt of a final invoice,all amounts due and owing to Contractor through the effective date of the termination. 6. Contractors shall designate a Project Manager, and an Assistant Project Manager to act in the absence of the Project Manager,who shall represent it and be its agent in all consultations during the term of this agreement. The director of the planning department of city or his designee, shall administer this agreement for city. 7. All original reports, field and office notes, correspondence, calculations, maps and other documents specifically related to the services provided by Contractor pursuant to this Agreement,other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law, shall be retained in Contractor's files and shall be made available for inspection by City upon request. 8. No regular employee or City shall be employed by Contractor during term of this Agreement. 9. Contractor will not engage in,nor permit its employees to engage in,discrimination in employment of persons because of their race, religion, color, national origin, ancestry,physical handicap, medical condition,martial status or sex, except as permitted pursuant to Section 12940, et. seq., of the California Government Code. 10. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: A. Comprehensive general liability,including premises-operations,broad form property damage,blanket contractual liability, independent contractors,and personal injury, in the amount of$1 million,per occurrence. B. Automobile liability for owned, hired, and non-owned vehicles utilized by Contractor or its employees, in the amount of$1 million, per occurrence. C. Contractor shall obtain and maintain during the life ofthis agreement,workers' compensation insurance for its employees. Endorsements for the polices under sections 10 A. and 10 B. shall designate city as an additional named insured. Contractor shall provide to city proof of insurance in the form of both certificates of insurance and endorsement forms, as approved by the office of the City Attorney. Insurance companies must be admitted and licensed in California and have a Best's Rating of A-Class VII or better, as approved by City. 11. The parties hereto acknowledge and agree that the relationship between City and Contractor is one of principal and independent contractor. Nothing contained in this Agreement shall create or be construed as creating a partnership,joint venture,employment relationship,or any other relationship except as set forth above. 12. City shall not deduct from the compensation paid to Contractor any sums required for social security,withholding taxes,FICA,state disability insurance,or any other federal,state or local tax or charge which may or may not presently be in effect or are hereinafter enacted,or required as a charge or withholding on the compensation of Contractor. City shall have no responsibility to provide Contractor with workers' compensation insurance or any other insurance. 13. Invoices for the services performed by Contractor shall be submitted by Contractor to City on a monthly basis. Invoices shall contain information required by City which is reasonable related to the services performed pursuant to this Agreement. City shall pay the amounts due and owing to Contractor within 30 days after receipt of Contractor's invoice. 14. The parties hereto agree to indemnify, defend and hold each other including each other's officers,directors,employees,agents,attorney and representatives,harmless against any and all claims,actions,losses,disputes,debts,obligations and/or liabilities arising directly or indirectly from the performance of their respective obligations pursuant to this Agreement. 15. Neither party may assign or transfer this Agreement without the express written consent of the other party. 16. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto. 17. All notices and other communications hereunder shall be deemed to have been given when delivered personally,at the time confirmed for delivery if by telegram or facsimile,or if mailed, at the time deposited in the United States mail, postage prepaid and addressed as follows: California Shopping Cart Retrieval City of Azusa Corporation, Inc. Business License Division 3055 West Valley Boulevard 213 E. Foothill Blvd. Alhambra, California 91803 Azusa, CA 91702 The parties hereto may change their address as set forth in the paragraph by providing the other party with written notice thereof. 18. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related thereto, the parties hereby submit to the jurisdiction and venue of the Superior,Municipal or Justice Court,whichever is applicable in the County of Orange. 19. This Agreement supersedes any and all other agreements either oral or in writing, between the parties hereto with respect to shopping cart retrieval services rendered by Contractor to City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or in writing,have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement,statement or promise shall be valid or binding. 20. If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions shall nevertheless continue in full force and effect. 21. The covenants and agreements contained in this Agreement shall be binding upon and shall insure to the benefit of the agents,employees,heirs,successors,subsidiaries,and assigns of the parties hereto. 22. This Agreement shall be interpreted in accordance with the laws of the State of California. 23. Contractor acknowledges that the contractor is not authorized by this agreement,to remove shopping carts which have identification of the owner attached there to. The parties may amend this agreement to include arts which bear owner identification. 24. Contractor shall, for each unmarked shopping cart removed make a written report (on a form acceptable to city) showing the date, location and time of removal, the name of person causing the removal,and the location to which the cart was delivered. Each report shall bear a unique number and each cart tagged so as to reflect the unique number. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates set forth below. DATED: /r�Oo CALIFORNIA SHOPPING CART RETRIEVAL CORPORATION, INC. BY: (NAME) (TITLE) DATED: May 2, 2000 City of Azusa 017,71 ris -rfa Cruz-Madrid, Mayor (NAME) (TITLE) ATTACHMENT A TO THE AGREEMENT BETWEEN THE CITY OF AZUSA AND THE CALIFORNIA SHOPPING CART RETRIEVAL CORPORATION, INC. FOR SHOPPING CART RETRIEVAL SERVICES 1. Contractor shall canvass areas of the City known for stray shopping carts on a daily basis and shall collect unmarked and non member shopping carts and deliver to First Street Public Works Yard, west of Aspan Avenue. California, or such other location(s) designated by city. 2. Contractor shall insure that all marked member carts which are found in City's streets, alleys,parks,and private property visible from the adjacent to the streets and alleys,are collected on a daily basis and returned to the member stores. 3. Contractor will provide an 800 number,answered by Contractor's office staff during normal business hours and by an answering machine during all non-business hours,for members of the public to complain about unmarked shopping carts. 4. Contractor will respond to calls for unmarked cart retrieval service within twenty-four hours of a request. 5. C.S.C.R.C. will be responsible for disposal of all unmarked junk and all unmarked damaged shopping carts. 6. Contractor will be compensated pursuant to Attachment B to this Agreement. ATTACHMENT B TO THE AGREEMENT BETWEEN THE CITY OF AZUSA AND THE CALIFORNIA SHOPPING CART RETRIEVAL CORPORATION, INC. FOR SHOPPING CART RETRIEVAL SERVICES The City of Azusa will compensate Contractor at the rate of$13.00 per load(minimum 12 carts) collected and delivered to City in accordance with Attachment A to this Agreement.