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HomeMy WebLinkAboutC32592 - Consulting Services - Solid Waste-Recycle ProgramsContract No. C32592 CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: APPROVE CONTRACT RENEWAL WITH D&B VISIONS FOR CONSULTING SERVICES RELATIVE TO THE CITY'S SOLID WASTE AND RECYCLE PROGRAMS SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: April 9, 2015 CONTENTS: D&B Visions Proposal Recommendation By Minute Motion: 1. Authorize the Mayor to enter into an Agreement with D&B Visions for consulting services relative to the City's Solid Waste and Recycle Programs; and 2. Authorize expenditure of funds in an amount not to exceed $85,000 from the Recycle Fund, Account No. 236- 4195-454-3090. Discussion Staff is requesting approval to continue contracting for solid waste and recycle consulting services to assist the Special Programs Department with implementation of recycling programs for commercial, residential, multi -family housing, and other programs as directed. During the past year, D&B Visions has continued to learn and implement the various recycle programs approved by the City including the new Plastic Bags Ban Ordinance (e.g., Education and Awareness Program involved contacting businesses, setting up booths in front of stores, promote and educate the public, give away of recycle bags and information materials, etc.). D&B Visions has shown that it is capable of carrying out the directive of the City and has been instrumental in implementing the diverse programs undertaken by the City. Mr. Woo of D&B Visions has become a familiar face within the business community. As such, he has developed a good working rapport with many of the business owners and managers. Many of the businesses are now familiar with him and that he represents/works with the City in its endeavor to implement recycle programs as part of AB341. Having D&B Visions has been a real asset with undertaking the activities necessary to create and implement new recycle programs for businesses and property owners (e.g., making initial contact, developing programs, training staff, assisting with the placement of interior and exterior containers, providing continuous monitoring, etc.) while trying to promote and maintain existing recycling programs on a consistent and on -going basis for approximately 3,100 commercial businesses, 95 plus multi -family housing complexes (4,546 plus apartment units), and all of the Palm Desert Housing Authority owned complexes within the City. STAFF REPORT Contract No. C32592 CONTRACT RENEWAL FOR SOLID WASTE AND RECYCLE CONSULTING SERVICES APRIL 9, 2015 PAGE 2 D&B Visions has requested a rate increase from $70.00 to $75.00 per hour. Based on the City's 2013 request for proposals as outlined below, D&B Visions was by far the least expensive firm as well as being one of the few firms to provide required services: Company Cost D&B Visions $85.00 per hour 29642 Ramsey Court All costs included in the rate except marketing Temecula, CA 92591 materials and travel time to the City Sloan Vazquez, LLC $195.00 per hour for Principals 18006 Sky Park Circle, #205 $50.00 per hour for Field Personnel Irvine, CA 92614 Hourly rate does not include mileage or other costs D&B Visions has performed work to the satisfaction of City as a result staff is requesting approval to renew contract with D&B Visions for consulting services at a rate of $75 per hour in an amount not to exceed $85,000. Fiscal Analysis Funding for services and other activities relative to the education and implementation of the City's various recycle programs was included as part of the FY 2014/2015 Budget process. Funds are available within the Recycle Fund, Account No. 236-4195-454-3090. Submitted By: Fran ki dle Director of Special Programs Reviewed: Paul Gibson Director of Finance Rudy A osta Assistant City Manager Approval: t n M. Wohlmuth Manager CONTRACT NO. C32592 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 31st day of MARCH, 2015, ("Effective Date") by and between the CITY OF PALM DESERT ("City") and D & B VISIONS ("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties"). WITNESSETH WHEREAS, City desires to retain Consultant as an independent contractor to perform certain technical and professional services in connection with the CITY'S COMMERCIAL, MULTI -FAMILY HOUSING, AND OTHER RECYCLING PROGRAMS, subject to the terms and conditions specified below, in the documents attached and incorporated herein, and applicable federal, state, and local law. NOW, THEREFORE, in consideration of performance by the Parties of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and in Exhibit "A", Scope of Services. 1.2 Personnel. Consultant represents that it has, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant and shall be authorized or permitted under state and local law to perform such services. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner satisfactory to City. 2. Services by City. 2.1 City Representative. For the purposes of this Agreement, the City Representative shall be FRANKIE RIDDLE, DIRECTOR OF SPECIAL PROGRAMS, or such other person designated by the City Manager ("City Representative"). 2.2 Provision of Data. All information, data, reports, records, and maps as are existing and available from the City and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by City, and City shall cooperate in every way reasonable in the carrying out of the work without delay. 3. Consultant's Scope of Work. Consultant shall commence work pursuant to this Agreement upon receipt of a fully executed copy of the Agreement. Consultant's scope of work shall consist of the services included in this Agreement and within Exhibit "A" appended to this Agreement. CONTRACT NO. C32592 3.1 Reporting & Record Keeping. To assist City in the performance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep City informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by City for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents described in Exhibit "A". Upon the completion of work, and if requested by the City, Consultant shall deliver to City the originals of all documentation produced, and may retain copies of such documentation, at Consultant's discretion. 3.2 Compliance with Laws. Consultant shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall comply with applicable federal, state, and local laws, ordinances, codes, and regulations in the performance of this Agreement, and with all applicable City of Palm Desert policies and guidelines. 3.3 Confidentiality. Except as otherwise permitted or required by law, Consultant shall maintain as confidential and shall not disclose any and/or all information received in the course of performing services pursuant to this Agreement. Consultant shall promptly inform the City in the event Consultant receives a subpoena or court order requiring disclosure of confidential information. 4. Term. The term of this agreement shall be made for a period of one year commencing April 1, 2015, and ending March 31, 2016. 5. Compensation. City shall pay Consultant for the Services provided under this Agreement on the following basis. 5.1 Not -to -Exceed Fee. City shall pay to Consultant a total amount not to exceed $85,000 for the services described in Exhibit "A". Payment shall be made on a monthly basis, based upon the rates defined in Exhibit "B". 5.2 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by City in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by City shall be compensated at rates mutually agreed upon by the Parties in writing. 6. Method of Payment. 6.1 Invoices. Consultant shall submit to City invoices each month for all services, if any, completed, and all expenses or costs incurred pursuant to this Agreement during the preceding month. The invoices shall describe the services rendered during the period and shall show the number of hours worked, the hourly rates charged, and any milestone achievements. Copies of receipts for expenses or costs shall be submitted with each invoice. City shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. CONTRACT NO. C32592 6.2 Payment. City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 6.3 Audit of Records. At any time during regular working hours, all records, invoices, time cards, cost control sheets, and other records maintained by Consultant shall be available for review and audit by the City. 7. Conflict of Interest/Prohibited Conduct and Interests. 7.1 Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 7.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to terminate this Agreement without notice or liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 7.3 No Financial Interest - City. No officer, member or employee of City during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the City Council, or officer or employee of City, has any interest, whether contractual, non -contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, and that if any such interest comes to the knowledge of either Party at any time a full and complete disclosure of all such information will be made in writing to the other Party or Parties, even if such interest would not be considered a conflict of interest under applicable laws. 7.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents, and representatives, that at the time of executing this Agreement it has no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. 3 CONTRACT NO. C32592 Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on Consultant's behalf, accept anything of value from any contractor or subcontractor performing services in connection with the HIP. 8. Indemnification. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend, and hold the City and City's elected officials, officers, employees, agents, and volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees, court costs, and expert witness fees incurred by City, arising out of or in any way connected with, in whole or in part, the acts or omissions of Consultant, or any of Consultant's officers, agents, employees or contractors, in the performance of this Agreement, including but not limited to, claims, suits, and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of Consultant. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of City, any of City's elected officials, officers, employees or agents. In addition to the foregoing, Consultant shall indemnify, protect, defend, and hold harmless the City of Palm Desert, their officials, employees, agents, and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or subconsultants (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. 9. Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 9.1 General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. C! CONTRACT NO. C32592 9.2 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 9.3 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 9.4 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements: 9.5 Insurance for Subconsultants. All subconsultants shall be included as additional insured's under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subconsultants policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. 9.6 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 9.7 Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages 5 CONTRACT NO. C32592 to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. 9.8 City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 9.9 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 9.10 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 9.11 Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9.12 Primary and Non -Contributing Insurance. All insurance coverage's shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 9.13 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 9.14 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 9.15 Additional Insured Status. General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insured's with regard to liability and defense of suits or claims arising out of CONTRACT NO. C32592 the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. 9.16 City's Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 9.17 Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 9.18 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 9.19 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 9.20 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its officials, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. 11. Non -Assignability; Subcontracting. Consultant shall not assign or subcontract all or any portion of this Agreement without the City's prior, written consent. Any attempted or purported assignment or subcontracting by Consultant shall be null, void and of no effect. If verified, the City may, at its discretion, immediately terminate contract for cause. 12. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, 7 CONTRACT NO. C32592 subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. This clause shall be included in any contract prepared or approved by Consultant in connection with performance of its services under this Agreement. 13. Cooperation. In the event any claim or action is brought against the City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 14. Termination. The right is reserved by the City to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the Consultant's services, in the sole judgment of City, are unsatisfactory or because of the Consultant's failure to implement the work with diligence or within the time limits specified or because of their disability or death. In any such case, the Consultant shall be paid the reasonable value of the services rendered, based upon Consultant's standard hourly rates, up to the time of the termination. 15. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the Parties at the following addresses: City: Frankie Riddle, Director of Special Programs City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-0574 Consultant: Don Woo, Owner D & B Visions 29642 Ramsey Court Temecula, CA 92591 Tel: (951) 265-8699 16. Non -Waiver of Terms, Rights, and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be CONTRACT NO. C32592 a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either Party to this Agreement shall commence any legal action or proceeding for damages for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and experts' costs. 18. Exhibits: Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. No promise or representation, whether oral or written, express or implied, that is not set forth herein, shall be binding or have any force or effect. This Agreement may not be amended, nor any provision waived, except in a writing signed by the Parties which expressly refers to this Agreement. 20. Partial Invalidity. In case any provision of this Agreement should be deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby. 21. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties to this Agreement. 22. Waivers. No waiver of any breach or default of any term or provision of this Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 9 CONTRACT NO. C32592 IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. D & B VISIONS Don Woo, Owner CITY OF PALM DESERT Susan Marie Weber, Mayor ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO FORM Dave Erwin, City Attorney 10 CONTRACT NO. C32592 State of California } }SS. County of Riverside } On 1201 before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -OPTIONAL- DESCRIPTION OF ATTACHED DOCUMENT: (TITLE OR TYPE OF DOCUMENT) (NUMBER OF PAGES) (DATE OF DOCUMENT) (SIGNER(S) OTHER THAN NAMED ABOVE) (OTHER INFORMATION) (seal) Right Thumbprint of Signer 11 CONTRACT NO. C32592 EXHIBIT A SCOPE OF SERVICES Consultant shall provide the following services with regards to the City's commercial recycling program, multifamily housing recycling program, and various other assigned programs as directed under the terms of the Agreement: Task 1 — Meet with City Representatives to Determine and Establish Program Objectives and Direction Regarding Planning and Implementation of Identified Recycle Programs. Task 2 — Maintain inventory of Current Business and Multifamily Housing Units Participating in a Recycling Program Maintain a baseline of commercial enterprises and multifamily housing complexes that are currently participating in the City's Recycling Programs. List which enterprises are not currently participating in the recycling program, prioritize by volume of material produced and geographical areas if possible, and target those businesses/complexes first. Deliver to the City an undated spreadsheet listing all non -participating businesses and multifamily housing complexes sorted in order of volume from lowest to highest. Task 3 — Commercial and Multifamily Recycling and Diversion Program Assist with the implementation of the commercial and multifamily housing recycling programs that will divert recyclables from the landfill. The recycle programs shall consist of (but is not limited to): 1) waste characterization studies of the selected generators; 2) identification of market outlets for specific materials as needed; 3) presentation of a proposed program to management; 4) program implementation and training for the staff; and 5) program monitoring. Specific tasks shall include: 1. Make initial contact with businesses and/or multifamily housing complexes to discuss the City's Commercial Recycling Programs and educate owners/manager on recycling and state mandates. a. Obtain management support for implementation of recycling programs. 2. Performing Waste Audits of Participants a. Identify what materials are leaving the location as waste and what recyclables are in the current waste stream. b. Identify which materials to collect for recycling, what size and type of containers are needed, and what waste may be prevented through source reduction. 12 CONTRACT NO. C32592 3. Designing Programs for Participants a. Develop a collection system for each individual business and complex. Collection systems must address 1) internal and external container options based on need and accessibly; 2) identification of potential collection personnel; 3) ongoing education and promotion of the program to include making all recycling policies, procedures, and goals available to all employees and tenants; 4) informing participants of procurement policies; and 5) pre and post waste and recycle service participation. 4. Implementation a. Work with business and/or multifamily housing complex to schedule delivery of external containers(s) with waste hauler if necessary. b. Delivery and placement of internal containers; provide educational materials and training to staff/tenants c. Confirm delivery of external containers(s) and place appropriate stickers on bin(s). 5. Program Monitoring a. Ensure billing has been adjusted if necessary. b. Monitor bins to ensure proper recycling and participation. c. Provide follow-up with management in order to determine how recycling programs are proceeding. d. Provide additional education and training as necessary. Task 4 — Meet and work with City staff on possible, future programs, including but not limited to, design, implementation, education and promotion, and monitoring. Consultant shall submit spreadsheets on a monthly basis to City staff via email, of all initially non -participating businesses and multifamily housing complexes contacted reflecting the action taken, point of contact, contact information, status of their recycling efforts, pre and post waste and recycle service, anticipated savings, etc. (spreadsheet will be provided by City staff). Consultant shall also provide written and/or verbal reports of the program as requested by City staff and upon request shall provide presentation of reports to City Council. Research and prepare reports on other programs as designated by the City when needed. 13 CONTRACT NO. C32592 EXHIBIT B SCHEDULE OF FEES Consultant shall perform the Scope of Work based on a flat fee of time worked not to exceed $85,000.00: Consultant to provide three days per week on -site in Palm Desert, meeting with businesses and/or multi -family complexes, approximately 24 hours per week for a total of 52 weeks at $75 hour. Specific tasks performed and number of hours per week will be determined by City staff. Hours not worked per week (e.g. vacation, etc.) shall be applied to the proceeding week. Consultant to inform City when unable to be on -site for a week or more. There shall be no charge for travel time and/or mileage to and from the City to perform work, nor shall there be any other miscellaneous charges. Consultant shall bill once per month based on the number of hours worked multiplied by the hourly billing rate. City shall review such invoices an d 14