HomeMy WebLinkAboutC32591 - Rnw Cmrcl and Multi-Fmly Housing Rcycle Pgrms Contract No. C32591
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
COMMERCIAL AND MULTI-FAMILY HOUSING RECYCLING
PROGRAMS
SUBMITTED BY: Frankie Riddle, Director of Special Programs
DATE: February 27, 2014
CONTENTS: D&B Visions Agreement
D&B Visions Contact Summary Report
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 Commercial and Multi-Family Housing Recycling
Programs; and
2. Authorize expenditure of funds in an amount not to exceed $80,000 from the
Recycle Fund, Account No. 236-4195-454-3090.
Discussion
Staff is requesting approval to continue contracting for recycling consulting services to
assist the Special Programs Department with implementation of recycling programs within
commercial and multi-family housing complexes. Over the past year, D&B Visions has
been very busy learning the various recycle programs approved by the City as well as
making contact with Palm Desert businesses and property owners to implement recycling
programs. D&B Visions has shown that it is capable of carrying out the directive of the City
and has made an impact on commercial businesses with regard to recycling.
Mr. Don 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. As a representative of the City in its endeavor to implement recycling programs
as part of AB341, Mr. Woo has provided many business owners assistance with
implementation of commercial recycling, as well as ongoing education to employees in
effort to see the programs through.
Having D&B Visions has been a real asset for staff as just one Recycle Technician is not
capable of undertaking 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 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
Contract No. C32591
STAFF REPORT
CONTRACT RENEWAL FOR CONSULTING SERVICES FOR COMMERCIAL AND MULTI-
FAMILY HOUSING RECYCLING PROGRAMS
FEBRUARY 27, 2014
PAGE 2
businesses, 95 multi-family housing complexes (4,546 apartment units), and all of the Palm
Desert Housing Authority owned complexes within the City.
D&B Visions recently requested a rate increase from $65.00 to $75.00 per hour. However,
staff discussed the requested rate increase and indicated that it would be amenable to
recommending an increase to $70.00 per hour ($5.00 per hour increase). Based on the
previous request for proposals as outlined below, D&B Visions was by far the least
expensive firm to provide needed services and agreed to reduce quoted hourly rate:
Com an 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 Cit
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Based on the above information and that D&B Visions has performed work to the
satisfaction of City, staff is requesting approval to renew contract with D&B Visions for
consulting services to address recycling related activities in an amount not to exceed
$80,000 for the period of April 1, 2014 to March 31, 2015.
Fiscal Analvsis
Funding for services and other activities relative to the education and implementation of the
City's Commercial and Multi-Family Housing Recycling Programs was included as part of
the FY 2013/2014 Budget process. Funds are available within the Recycle Fund, Account
N o. 236-4195-454-3090.
Submitted By: CTTYCOUNCILA ON
APPROVED _._._DFNiF.fl
RECEIVED OTHER
MEETIlYG DATE � ul
Frankie Ri dle, k tor o Special Programs S� � Narn� � ?i \ � �
NOES: >��
/ ABSENT: 1
�'jjl�' .r� ABSTAIN:
VCRIFIED BY:
Paul S. Gi o , Director of Finance r�ginal on Fite with City erk's Office
Approval:
�� �
J h M. Wohlmuth, City Manager
CONTRACT NO.
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 3`� day of MARCH, 2014,
("Effective Date") by and befinreen the CITY OF PA�M DESERT ("Cit�') and D & B
VISIONS ("Consultant") (sometimes referred to individually or collectively as "Part�' or
"Parties").
WITNESSETH
WHEREAS, City desires to retain Consultant as an independent contractor to perform
certain technical and professionai 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 locai 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
Represerrtative 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 fumished 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.
3.1 Reporting & Record Keepinq. 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 afl
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 Comaliance 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 Iocal laws, ordinances, codes, and regulations in the
performance of this Agreement, and with all applicable City of Palm Desert policies and
guidelines.
3.3 Confidentialitv. 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 Aqril 1, 2014, and ending March 31. 2015.
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 80 000 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.
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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 Califomia applicable to Consultant's services under this Agreement,
including, but not limited to, the Political Reform A�t (Govemment Code Sections
81000, et seq.) and Govemment 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 - Citv. 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, direcf or indirect, which would conflict in any manner or degree
with the performance of services required to be performed pursuant to this Agreement.
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Consultant further covenants that in the performance of this Agreement, no person
having any such interest shail 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
ConsultanYs 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 fuilest 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 attomey'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 o€
Consultant, or any of Consultant's officers, agents, employees or contractors, in the
performance of this Agreement, including but not fimited to, claims, suits, and liabilities
for bodily injury, death or property damage to any individuat 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 attomey'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 tiability thereo� 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 afl 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 Liabilitv 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.
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9.2 Automobile Liabilitv 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 Liabilitv (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 Coveraae. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages
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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 Citv'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 wilt be promptly reimbursed by Consultant or
City will withhold amounts sufficient to pay premium from Consultant payments. In the
altemative, City may cancel this Agreement.
9.9 Acceptable Insurers. All insurance policies shali be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of Califomia, 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 Estoqqel�. 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-Contributinq 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 Limitin4. 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
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the performance of the Agreement, under such policies. This provision shall also apply
to any excess liability policies.
9.16 City's Riqht to Revise Sqecifications. 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.
9.1T 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 Timelv 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 Safe . 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,
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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 ovemight 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, Califomia 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 qf Terms, Rights, and Remedies. Waiver by either Party
of any one or more of the conditions of performance under this Agreement shall not be
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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 attomey'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 befinreen 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.
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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
Van Tanner, Mayor
ATTEST:
Rachelie D. Klassen, City Clerk
APPROVED AS TO FORM
Dave Erwin, City Attomey
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State of Califomia }
} 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/heNtheir
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 taws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and officiat seal.
Signature (seal)
- OPT/ONAL -
DESCRIPTION OF ATTACHED DOCUMENT:
(TITLE OR TYPE OF DOCUMENT)
(NUMBER OF PAGES)
(DATE OF DOCUMENT)
(SIGNER(S) OTHER THAN NAMED ABOVE)
ILight 'Pht�bpriat oL Siqn�r
(OTHER INFORMATION)
11
CONTRACT NO.
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 Citv Representatives to Determine and Establish Proqram
ObLectives and Direction ReQarding Planning and Imalementation of Identified Recvcle
Proqrams.
Task 2 — Inventory of Current Business and Multifamily Housina Units Participatinq in a
Rec�clina Program
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 Multifamilv Recvclina and Diversion ProQram
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 Prograrns 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.
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CONTRACT NO.
3. Designing Programs for Participants
a. Develop a collection system for each individual business and complex.
Collection systems must address 1) internal and extemal container
options based on need and accessibly; 2) identification of potential
collection personnel; 3)ongoing eduEation 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 extemal containers(s}with waste hauler if necessary.
b. Delivery and placement of intemal containers; provide educational
materials and training to staff/tenants
c. Confirm delivery of extemal 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.
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 staf�.
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.
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CONTRACT NO.
EXHIBIT B
SCHEDULE OF FEES
Consultant shall perform the Scope of Work based on a flat fee of time worked not to
exceed $80,000.00:
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 $70 hour.
Specific tasks perFormed and number of hours per week wiif 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 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.
14
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