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HomeMy WebLinkAbout09 SHOPPING CART RET. 09-15-97NO. 9 9-15-97 DATE: SEPTEMBER 15, 1997 Inter-Com TO: WILLIAM A. ~{USTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUB4£CT: PROFESSIONAL SERVICES AGREEMENT FOR RETRIEVAL OF UNIDENTIFIED SI{OPPING CARTS RECOMMENDATION That the Tustin City Council authorize the Community Development Director to enter into a contract with California Shopping Cart Retrieval Corporation for' the retrieval and transport of unidentified shopping carts on public property within the City of Tustin. FISCAL IMPACT The contractor's total monthly charges will not exceed $200, or $2,400 for one year of service. Funding for the shopping cart retrieval program has not been programmed in the Fiscal Year 97-98 budget. A City COuncil appropriation will be necessary. BACKGROUND AND DISCUSSION On July 7, 1997, the Tustin City Council approved Ordinance No. 1184, permitting City staff to remove unidentified shopping carts from public property. The ordinance became effective on August 21, 1997. The ordinance permits this service to be performed by either city staff or a private service provider upon authorization of the City Council. The Field Services Division has estimated~the cost for retrieval and transport would be $73.35 per cart if they were to perform the retrieval service. Contracting with California Shopping Cart Retrieval Corporation will represent a significant cost savings to the City ($2.00 per cart). California Shopping Cart Retrieval Corporation is able to perform this service at a lower cost because they have contractors in the field retrieving member stores carts on a 'daily basis. Unidentified carts will be collected along with members carts. City Council Report Professional Services Agreement Retrieval of Unidentified Shopping Carts September 15, 1997 Page 2 Many of the large retail businesses in the City of Tustin (Ralph's, Von's, Home Depot, K-Mart, Longs Drug, LUcky, s, Marshalls, Michael's Craft, Sav-on, Starer Bros and Thrifty Drug) presently contract with California Shopping Cart Retrieval Corporation to retrieve off-premise shopping carts. However, there remains a large number of carts abandoned in the city that do not have the proper ownership identification on the carts or carts from businesses located outside the City of Tustin. Ordinance No. 1184 defines these shopping carts as "unidentified shopping carts" and subject to immediate confiscation and removal. California Shopping Cart Retrieval Corporation is a non-profit corporation affiliated with the California Grocers Association. California Shopping Cart Retrieval Corporation has executed agreements with the Cities of Anaheim, Westminster, Garden Grove and San Clemente to collect unidentified/unmarked carts. The proposed Retrieval Services Agreement between the City of Tustin and California Shopping Cart Retrieval Corporation would include the following provisions: The contractor will canvass the City of Tustin on a daily basis and shall collect unidentified shopping carts' and deliver them to the City Yard on Service Road. The contractor shall maintain an 800 number for the public to report unidentified carts. The contractor will respond to calls for retrieval of unidentified cart within 24 hours. The contractor shall prepare an individual report showing the date, time and location of each unidentified cart retrieved and transported to the City Yard. The contractor will ensure that all carts for businesses under contract to California Shopping Cart Retrieval Corporation found in Tustin's sidewalks, streets, alleys, parks, civic center, flood control facilities and private property are collected daily and returned to the member stores at no cost to the City of Tustin. Ail vehiCles used for the collection of shopping carts within the City of Tustin shall contain a visible sign or decal on City Council Report Professional Services Agreement Retrieval of Unidentified Shopping Carts September 15, 1997 Page 3 the vehicle indicating it is a contractor or subcontractor of California Shopping Cart Retrieval Corporation. The City of Tustin shall compensate the contractor at a rate of $2.00 per unidentified cart collected and compensation will not exceed $200 per month, regardless of the number of carts collected. The City Attorney has reviewed the standard contract submitted by California Shopping Cart Retrieval Corporation and has recommended changes to the Insurance coverage provider. The language in the contract has been Approved As To Form by the City Attorney. Attachment A of the Agreement, Scope of Services, includes additional performance standards and operational conditions which are acceptable to the contractor. The term of the contract is one year. The contractor shall commence retrieval services upon execution of a Professional Services Agreement. Assistant Direc%or Community Development Director of Community Development RW: kbm\ccreport \cartagre · cc Attachment: Professional Services Agreement 9-09-19:97 1 : 07PM F~OM '"'-'C~C 1 ~ 18, ..%76 4.399 PROFESSIONAL SERV'ICES AGREEMENT · · This Professional Services Agreement ("Agreement") is executed by and between the City of Tustin a political subdivision of the State of California ("CID,") and the California Shopping .Cart Retrieval Corporation, Inc., 'a California nonprofit corporation ("Contractor"). RI~CIIALS '~EREAS, ContractOr is a nonprofit mutual benefit corporation ibrmed 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 1472 Service Road., Iustin" , Califbrnia (or such other · . location (s) designated by city) of unidemified, (means a shopping cart that is not an owner identified carts, or an owner idemified shopping cart of a retail establishment located outside the city), shopping carts throughout the City as described in Attachment A, attached hereto and incorporated herein by this reference; and WttEREAS, City and Contractor desire to contract for' cart retrieval serx, ices 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: 9-09-~997 9:5SAM FROM CSCRC 1 818 S76 A399 ~. ~.2 or 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 sen'ices provided by Contractor pursuant to .this A~eement, other than documents which are exempt from disclosure pursuant 1o 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 of City shall be' employed by Contractor during the 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, reli~on, color, national origin, ancestry, physical handicap, medical condition, marital 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 Agreemem 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 $ I million, per occurrence.' C. Contractor shall obtain and maintain during the life of this Agreement, workers' compensation insurance for its employees. Endorsements fi)r the policies under sections 10.A. and 10B. shall designate city as an additional named insured. Contractor shall provide to 9-D9-]997 9:SSA~ FROW ~RCRC ] ~]~ S76 1399 -- P. 3' city proof of insurance in the form of both certdicates 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 Guide Rating orA-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 independem contractor. Nothing comained 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 Contrac[or 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 l 3. Invoices for the services performed by Contractor shall be.'submirted by Contractor' to City' on a monthly basis.' Invoices shall contain' information required 'by City which 'is reasonably 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. 16. The parties hereto a~ee to indemnify, defend and hold each other, including each other's officers, directors, employees, agents, attorneys 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. 17. Neither party, may assign or transfer this Agreement without the express v, ritten insurance. 9-09-1997 9:~6AM FROM CSCRC 1 818 576 consent of the other party. 18. No change, amendment, or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto. 19. 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 Corporation, Inc. 3055 West Valley Boulevard Alhambra, California 91803 The parties hereto may change their address as set forth in the paragraph by providing the other party with written notice thereof. 20.. With respect to any suit, action or proceeding arising out of or related to this Agreement,· or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior, Municipal or Justice Court, whichever is applicable, in the County of Orange. 21. 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. 22. If any provision of this Agreement is 'held by a Court of competent jurisdiction to ~-0g-19~7 g:B6A~ FROM ~CRC 1 818 B7~ ~3gg P.B' be invalid, void or unenforceable, the remaining pro~5sions shall nevertheless continue in full force and effect. 23. The covenants and agreements contained in this Agreement' shall be binding upon and-shall inure to the benefit of the agents, employees, heirs, successors, subsidiaries, and assigns of the parties hereto. 24. This Agreement shall be interpreted in accordance with the laws of the State of California. 25. Contractor shall, for each unidentified 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.' . 9-09-1997 9:66A~ FROM CSCRC 1 ~1~ IN WITNESS WHEREOF, the parties have executed this Agreement forth beloxv. the dates set DATED: CALIFORNIA SHOPPING CART RETRIEVAL CORPORATION... IN(; BY: DATED: City of BY: (NAMe) (TITLE) ATTACHMENT A TO THE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE CALIFORNIA SHOPPING CART RETRIEVAL CORPORATION, INC., FOR SHOPPING CART RETRIEVAL SERVICES o , , . . . Contractor shall canvass public property in the City for unidentified shopping carts on a daily basis, 7 days a week, and shall collect unidentified shopping carts (as defined in the Agreement). Contractor shall insure that all carts from stores with a retrieval contract with Contractor ("member stores") which are found on or in City's sidewalks, streets, alleys, parks, civic center, and flood control facilities are collected on a daily basis and returned to the member stores. This includes member stores outside the City. City shall not be responsible for the costs of such collection. Ail unidentified carts collected by contractor and not deliverable to member stores, as provided in Section 2, shall be delivered to: Field Services, 1472 Service Road, Tustin, CA 92780. 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 unidentified shopping carts. Contractor will respond to calls for unidentified cart retrieval service within twenty-'four hours of a request. Contractor will be compensated for its retrieval services pursuant to Section 1 and 3 of this Attachment A and in accordance with Attachment B to this Agreement. Ail vehicles used for the collection of shopping carts within the City'of Tustin shall display, a visible sign or decal indicating the vehicle represents a contractor or subcontractor of California Shopping Cart Retrieval Corporation subject to the approval of the Community Development Director. ATTACHMENT B TO THE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE CALIFORNIA SHOPPING CART RETRIEVAL CORPORATION, INC. FOR SHOPPING CART RETRIEVAL SERVICES The City of Tustin will compensate Contractor at the rate of $2.00 per unmarked cart collected and delivered to City in accordance with Attachment A to this Agreement. Monthly charges will not exceed $200 per month regardless of the number of carts retrieved.