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HomeMy WebLinkAboutC30061 Commercial and Multifamily Housing Recycling ProgramsCITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: APPROVE RENEWAL OF CONTRACT WITH EVERGREEN RECYCLING SOLUTIONS, INC., FOR CONSULTING SERVICES RELATIVE TO THE CITY'S COMMERCIAL AND MULTIFAMILY HOUSING RECYCLING PROGRAMS SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: July 14, 2011 CONTENTS: Contract No Recommendation By Minute Motion: C30061 1. Approve Contract No. C30061 with Evergreen Recycling Solutions, Inc., for consulting services relative to the City's Commercial and Multifamily Housing Recycling Programs in an amount not to exceed $75,000, and authorize the Mayor to execute same; and 2. Authorize expenditure of funds in an amount not to exceed $75,000 from the Recycle Fund, Account No. 236- 4195-454-3090. Executive Summary The City contracted with Evergreen Recycling Solutions, Inc., in 2010 to assist the Special Programs Department/Recycle Technician with the implementation and expansion of the City's Free Commercial Recycling Program, as well as the promotion and implementation of recycling within multifamily housing complexes. With the State of California's diversion mandate and staff limitations, continuing the services of Evergreen Recycling Solutions would be of benefit to the City in its continued efforts to educate residents and businesses on recycling, as well as to assist with the training and implementation process. During 2010 and part of 2011, approximately 500 businesses were approached. As a result, an estimated 300 businesses have been contacted and educated and 200 of those businesses actually began participating in the recycling program. Some of the benefits to contracting for services include: 1) increased manpower (labor) without hiring additional staff; 2) reduced labor cost; 3) contract can be terminated or STAFF REPORT CONSULTING SERVICES FOR COMMERCIAL AND MULTIFAMILY HOUSING RECYCLE PROGRAMS J U LY 14, 2011 PAGE 2 amended based on City need; 4) increased community awareness and participation; and 5) potential savings to local businesses and property owners. Discussion The City has actively created and implemented various recycling programs including a successful awareness campaign utilizing Recycle Binney. However, with the continuous turnover of staff within businesses and multifamily housing complex owners, managers, employees, tenants, etc., it is difficult to provide the continuous attention, training, and monitoring that is required for previously implemented programs while targeting new areas for implementation. The City has approximately 3,100 commercial businesses, 92 privately owned multifamily housing complexes (4,298 apartment units), and 13 City/RDA owned complexes (1,025 apartment units). Given the above numbers, it continues to be impossible for the one (1) Recycle Technician to undertake the activities necessary to create and implement new recycling 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. Given the above, staff is requesting that City Council approve the contract renewal for consulting services with Evergreen Recycling Solutions to continue assisting staff with various aspects associated with recycling programs. In addition, as part of continued negotiations within the current Agreement, staff was further able to reduce the costs relative to hourly rate per position ($65 per hour for Principal and $36.35 for Senior Associate). It should be noted that there are no other such consulting firms within the Coachella Valley. Listed below are those companies that submitted proposals last year. As outlined below, Evergreen Recycling Solutions was the low bidder. Com an Cost Evergreen Recycling Solutions, Inc. $70.00 per hour for Principal Associate 48-517 Via Amistad $40.00 per hour for Senior Associate La Quinta, CA 92253 All costs included in the rates except marketing materials 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 HF&H Consultants, Inc. $245.00 per hour for Senior Vice President 3990 Westerly Place, #195 $105.00 per hour for Assistant Newport Beach, CA 92660 Hourly rate does not include mileage or other costs see proposal) STAFF REPORT CONSULTING SERVICES FOR COMMERCIAL AND MULTIFAMILY HOUSING RECYCLE PROGRAMS J U LY 14, 2011 PAGE 3 Fiscal Analysis Funding for services and other activities relative to the education and implementation of the City's commercial and multifamily housing recycle programs was included as part of the FY 2011/2012 budget process. Funds are available within the Recycle Fund, Account No. 236-4195-454-3090. Submitted By: CITY COUNCMLA 1OM APPROVED ✓✓ DE>`TIED OWNWON RECEIVED OTHER Frankie Riddle, Dir r of cial ProgramVEETI AYES: rni G NOES: P-r ABSENT: ABSTAIN: , r o Finance 1FIF.D BY: Paul S. Gibson� Original on File with City Approval: Wohlmuth, City Manager Office CONTRACT NO. C30061 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 14th day of JULY, 2011, ("Effective Date") by and between the CITY OF PALM DESERT ("City") and EVERGREEN RECYCLING SOLUTIONS, INC. ("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 MULTIFAMILY 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, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its direct supervision, and all personnel engaged in the work shall be qualified, 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. C30061 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 AUGUST 16, 2011, and ending AUGUST 15, 2012. 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 $75,000 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. K Contract No. C30061 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 sub consultants, 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 sub consultants 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 sub consultants 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. M Contract No. C30061 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, the Redevelopment Agency, and City's and Agency'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 or Agency, 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 or Agency, any of City's or Agency'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, the Agency, 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 will maintain insurance in conformance with the requirements set forth below. If Consultant's existing coverage does not meet the requirements set forth here, it will be amended to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. 9.1 Workers' compensation and employer's liability. Consultant shall provide Workers Compensation and Employer's Liability Insurance on an approved policy form providing benefits as required by law with employer's liability limits no less that $1,000,000 per accident or disease. 9.2 Professional Liability or Errors and Omissions. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf M Contract No. C30061 of the insured and must contain a provision establishing the insurer's duty to defend. The policy retroactive date must be on or before the effective date of this agreement. 9.3 Automobile liability. Consultant shall provide auto liability coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be met through a non -owned auto endorsement to the CGL policy. 9.4 Waiver. If the Consultant does not carry Worker's compensation coverage, or if the Consultant will not operate any vehicles at any time within the scope of the services in the agreement, provisions for these coverages may be waived upon review and approval of the City's Risk Manager. 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 sub -contracting 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. I In the performance of this Agreement, Consultant shall not discriminate against any employee, 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 or Redevelopment Agency relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City or Agency 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. 5 Contract No. C30061 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: Gary L. Calhoun, President Evergreen Recycling Solutions, Inc. 48-517 Via Amistad La Quinta, CA 92253 Tel: (760) 574-2582 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 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 Contract No. C30061 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. IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. EVERGREEN RECYCLING SOLUTIONS, INC Gary L. Calhoun, President CITY OF PALM DESERT Jean M. Benson, Mayor ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO FORM Dave Erwin, City Attorney 7 Contract No. C30061 State of California } } SS. County of Riverside } On , 201 , 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 Contract No. C30061 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 — Inventory of Current Business and Multifamily Housing Units Participating in a Recycling Program am Establish 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 a 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) 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. 2) Designing Programs for Participants a. Gain management support. b. Develop a collection system for each individual business and complex. Collection systems must address 1) internal and external container 9 Contract No. C30061 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) monitoring of programs on a regular basis; 5) informing participants of procurement policies; and 6) pre and post waste and recycle service participation. Consultant shall submit spreadsheets on a weekly basis 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. 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. 10 Contract No. C30061 EXHIBIT B SCHEDULE OF FEES Consultants shall perform the Scope of Work based on a flat fee of time worked not to exceed $74,984.00 or 1,612 hours based on the following schedule: Principal to provide approximately 11 hours per week for a total of 52 weeks at $65 hour. Senior Associate to provide approximately 20 hours per week for a total of 52 weeks at $36.35 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. Hours stipulated as Principal and Senior Associate may not change unless prior written approval has been received by the City. 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. Consultants shall bill once per month based on the number of hours worked multiplied by the hourly billing rate. City shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 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. 11