DATE: April 12, 2022
SUBJECT:
Title
RESOLUTION AUTHORIZING AMENDMENT NO. 4 TO AGREEMENT WITH NATURESCAPE SERVICES, INC. FOR AS-NEEDED TRASH AND LITTER SERVICES AT SIXTEEN (16) DISTRICT LOCATIONS, INCLUDING PARKS AND OTHER HIGH-TRAFFIC PUBLIC AREAS, INCREASING THE MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT BY $350,000 FOR A NEW MAXIMUM AMOUNT OF $520,000. FUNDS REQUIRED FOR THE CURRENT FISCAL YEAR ARE INCLUDED IN THE APPROVED FISCAL YEAR 2022 BUDGET. ALL FUNDS FOR FUTURE FISCAL YEARS WILL BE BUDGETED IN THE APPROPRIATE FISCAL YEAR, SUBJECT TO BOARD APPROVAL UPON ADOPTION OF EACH YEAR’S FISCAL BUDGET.
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EXECUTIVE SUMMARY:
The San Diego Unified Port District (District) contracts for as-needed trash and litter services at sixteen (16) District locations, including parks and other high-traffic public areas. This agreement augments District maintenance staff by collecting and removing trash and litter on evenings, weekends, and holidays.
The current agreement for as-needed trash and litter services with Naturescape Services, Inc. (Naturescape) was originally scheduled to expire on 6/30/2021. Subsequent amendments have extended the term of the agreement to June 30, 2024 and adjusted the fee schedule for the newly added terms, but have not increased the maximum amount payable. Amendment No. 4 is needed to increase the maximum amount payable under the agreement by $350,000 for continuity of evening, weekend, holiday, and increased summer trash and litter services throughout the District.
Staff requests Board authorization to execute Amendment No. 4 to the agreement with Naturescape for as-needed trash and litter services, increasing the maximum amount payable of $170,000 by $350,000 for a new total agreement maximum amount of $520,000. This agreement allows for early termination by the Executive Director.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing Amendment No. 4 to the agreement with Naturescape Services, Inc. for As-Needed Trash and Litter Services, increasing the maximum amount payable under the agreement by $350,000 for a new maximum amount of $520,000.
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FISCAL IMPACT:
Funds for the remainder of FY 2022 are included in the current year approved budget for the General Services Department’s As-Needed Maintenance budget. Anticipated funds required for future fiscal years will be budgeted in the appropriate year subject to Board approval upon adoption of each fiscal year’s budget.
Compass Strategic Goals:
This agenda item supports the following Strategic Goals.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
On January 3, 2018, the District entered into an agreement with NatureScape for as-needed trash and litter services from July 1, 2018, through June 30, 2021. This agreement was competitively bid as a Request for Bid (RFB) pursuant to Board of Port Commissioners Policy No. 110 (BPC 110) and NatureScape was awarded the agreement as the lowest responsive bidder.
Subsequent amendments have extended the term of the agreement to June 30, 2024 and adjusted the fee schedule for the newly added terms 4, 5, and 6, but have not increased the maximum amount payable. Expenditures against this agreement were slowed due to budget constraints in fiscal years 2020 and 2021, thus an increase to the maximum amount payable was not requested when the additional terms were added.
As per BPC 110, this competitively bid agreement and its subsequent amendments have not required Board authorization as the maximum amount payable has remained at $170,000.
This as-needed agreement augments District maintenance staff by collecting and removing trash and litter on evenings, weekends, and holidays at sixteen (16) parks and other high-traffic public areas throughout the District, with fixed fees per service by location. Additionally, the District has historically used this agreement to provide a second run of evening trash services during the peak months of May-October when parks and public areas experience a significant influx of visitors.
Recently, the General Services Department shifted the work of the weekend maintenance crews away from trash collection in order to increase maintenance of other key District assets. This change in operations was facilitated by outsourcing weekend trash collection at the District, as agreed to by the Teamsters. This operational shift has expended funding at a faster rate than projected when the agreement was last amended; the agreement will be fully expended by the end of fiscal year 2022. This amendment is required to continue as-needed trash and litter service for fiscal years 2023 and 2024.
Staff requests Board authorization to execute Amendment No. 4 to the agreement with Naturescape Services, Inc. for As-Needed Trash and Litter Services, increasing the maximum amount payable under the agreement by $350,000 for a new maximum amount of $520,000.
General Counsel’s Comments:
The Office of the General Counsel has reviewed this agenda sheet and attachments, as presented to it, and approves the same as to form and legality.
Environmental Review:
The proposed Board action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
The proposed Board action complies with Sections 35 and 81of the Port Act, which authorizes the Board to do acts necessary and convenient for the exercise of its power; and to use funds for necessary expenses of conducting the District. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Finally, the proposed Board action does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit Regulations. Therefore, issuance of a Coastal Development Permit or exclusion is not required.
Diversity, Equity, and Inclusion Program:
Naturescape Services, Inc. is a small and veteran owned business enterprise.
PREPARED BY:
Corrina Parry
Management Analyst, General Services
Attachment(s):
Attachment A: (Draft) Amendment No. 4 to Agreement No. 311-2017JR
Attachment B: Agreement No. 311-2017JR
Attachment C: Amendment No. 1 Agreement No. 311-2017JR
Attachment D: Amendment No. 2 Agreement No. 311-2017JR
Attachment E: Amendment No. 3 Agreement No. 311-2017JR