HomeMy WebLinkAboutCM Illegal Dumping Outreach Campaign 2020AGREEMENT FOR PROFESSIONAL SERVICES
FOR ILLEGAL DUMPING OUTREACH CArNIPAIGN
I his A,,reenlent is made and entered into this lb �Iav of M _ _ -. 2020, bv
and bemeen the C'IT'Y OF SAN RAI-'A[(hereinafter "CITY"), and Cl�-antic Idea Studio. Inc.
(hereinafter "CON'T'RACTOR").
RECITALS
N EIE;REAS, the City of San Rafael has seen an increase in illegal dumping over the past
several \ears. including an increase in resident arid business complaints: and
\'VIIERF,AS. the Department of Public Works devotes up to 259% of their Streets Division
staff tlille weekly abating illegal dumping; and
WHERh:AS, the Cite Council of the Citv of San Rafael adopted a resolution Oil DeCerllber
16, 2011) approving a rate adjustment to the \Marin Sanitarn Service reluse rates which included up to
,100.000 to assist with illegal dumping solutions that also include waste reduction and recycling:
AGREENILNT
NOW, THEREFORE, the parties hereby agree as follo\\s:
PRO.IL'C'T' C'OORI)IN,k"I'[ON
A. CITY. I'he Citv Manager shall be the representative of the CI'T'Y for all purposes
under this Agreement. Sustainability Prmranl Manauer C'ory I3vtof is hereby deshmiated the
PROJI_.C'T MAN:1GFR for the CITY. and said PROJEC'I' MANAGER shall supervise all aspects of
the progress and execution of this Agreement.
B. C'ON'TRACTOR. CONTRACTOR shall assign a single PROJECT DIRI.CTOR to
have overall responsibility for the progress and execution of this Agreement tier CONTRACTOR.
Kas Neteler is hereby designated as the PROJL`0 D[RI::C'I'OR tier CONTRACTOR. Should
circumstances or conditions subseiluent to the execution of this Agreement require a substiute
PROJECT DIRI:C'TOR for ariv reason: the CONTRACTOR shall notit�, the CITY "chill tell (I o)
11lISI11eSS days of the SubstitUtion.
DU ITIS OF C'ONl'RACTOIZ
CONTRACTOR shall perform the duties andror provide services as described in
CONTRACTOR's Proposal fi)r the Project San Ratael Illegal [blipping ikMitigation Project. dated
May 5. 2020, attached hereto as Exhibit "A" and incorporated herein.
Dt STIES OF CITY
CITYshall cooperate with CONTRACTOR in his performance under this agreement and
shall compensate CONTRACTOR as provided herein.
-T. COMPENSATION.
For the full pertbrmance of the services described herein by CONTRACTOR.
CONTRACTOR shall be compensated as described in Exhibit " A " in a total contract a.1nount not
to exceed $22.860.00. It is understood and agreed by the parties that payment of compensation
hereunder shall be made as Eiillows: CONTRACTOR shall submit monthly invoices to CITY for
review-- and approval. then CITY shall remit payment directly to CONTRACTOR within thirty (30)
of receipt thereof.
T FRNI 01. AGREEMENT.
The terni of this Agreement shall commence upon the date of execution of this Agreement
and shall end on December 31. 2020.
6. CERIIIN.ATTON.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(10) days written notice mailed or personally delivered to the other party.
E3. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other part}. and the notified party's failure to cure
or correct the cause of the termination. to the reasonable satisfaction of the party giving such notice.
Within such fifteen (1J) day time period.
C. Effect of Termination. Upon receipt of notice of termination. neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination. any and all CiTY dOCUmentS or materials
provided to CONSULTANT and any and all of CONSLILTANT's docunlentS and materials
prepared fior or relating to the performance of Its dUt►eS Under this Agreement. shall be delivered to
CITY as soon as possible, but not later than thirty (.0) days alter termination.
0WNERSI1IP 0F D(--)C(iN4E`NTS.
The written dOCUnlents and materials prepared b\ the CONSUL.TAN"r in connection with
the perlorinance of its duties under this Agreement. shall be the sole property of CITY. CiTY niay
use said propert\ ttir any purpose, includin`a projects not contemplated by this Agreement.
iNSI'E:C" i ION AND Al_iDIT.
Upon reasonable notice. CONSULTANT shall make available to CITY. or its auent. for
Re%kcd 1 29 2020
inspection and audit. all documents and materials maintained by CONStit.TANT in connection with
its performance of its duties under this Agreement. CONSUt.TANT shall fully cooperate �t-lili C[TY
01' its agent in any such audit or inspection.
9. ASSIGNABILiTY.
The parties agree that tilev shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without die prior written consent of the
other party, and any attempt to so assign this Agreement or any ri_,*hts. duties or obligations arising
hereunder shall he void and of no effect.
I0. INSURANCE --
A. Scope of Coverage. During the terns of this Agreement. CONSU[JANT shall
maintain, at no expense to CITY. the following insurance policies:
1. A commercial general liability insurance policy in the minimum atliount of
one million dollars (S 1,000.000) per occurrence/two million dollars ($2.000,000) aggregate, for death.
bodily injury. personal injury. or property- damage.
?. An automobile liability (owned. non -owned. and hired vehicles) insur1mce
polis} In the nllnlnll1111 anwunt of one million dollars ($1.000,000) dollars per occurrence.
if anN licensed professional performs any of the services required to be
performed under this Agreement. a professional liability insurtulce polio' Ill the i111lllnll1111 amount of
one million dollars (S 1.000.000) per ocCllrrence/two million dollars $2.000.000) aggregate. to coyer
am° claims arising out of the C'ONSULTANT's perf0miance of services under this Agreement.
Where CONSULTANT is a professional not required to have a professional license. CITY reserves
the right to require CONSUL'T'ANT to provide professional liability insurance pursuant to this
section.
4. If' it employs am person. CONSULTANT shall maintain worker's
compensation insurance. as required by the State of California. with SlattltorV linlitS, and
elllpluyer'S hablllt\ InSW'ance with limits of no less than one million dollars ($1.000.000) per
accident for bodily in or disease. CONSULTANT's worker's compensation insurance shall
he specifically endorsed to waive ani- ri�uht of subro-ation against CiTY.
13. Other Insurance Requirements. The insurance coy eraFae required hf the
CONSULTANT in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall he specifically endorsed to include the CI`T'Y, its officers.
agents, employees, and volunteers. as additional insureds (t it both onyooing and completed
operations) under elle policies.
The additional insured coverage under CONSULTANT'S II1Stl1'ai1CC policies
Revised 1 29 2020
shall be "primatti and noncontributory" with respect to any Insurance or coverage maintained by
CITY and shall not call upon CiTY's insurance or self-insurance coverage for ally contribution. The
..primary and noncontributory" coverage in CONSULTANT'S policies shall he at least as broad as
iSO formCG20 01 04 I i.
Except for professional
insurance. the insurance policies shall include
contractual liability and personal injury.
liability insurance or worker's compensation
in their test or by endorsement. coveraue for
4. liy execution of this Agreement. CONSULTANT herebN? grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY b\ virtue of the payment of any loss ander such insurance. CONSULTANT ayarces it)
obtain anv endorsement that nlay he necessary to effect this waiver ofsubrouation. but this
provision applies regardless of \whether or not CITY has received a waiver of subro�ation
endorsement from the. insurer. 4
5. 1 fthe insurance is written on a Claims Made Dorm. then. following termination
of this ureenlent. said insurance coverage shall survive 16r a period of not less thaul five years.
G. 'The insurance policies shall provide fin- a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The linlits of insurance required in this Agreement 111av be satisfied by a
combination of' primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or he endorsed to contain a provision that tittell coverage shall also apply on a primary and
noncontributory basis for the benefit ofCiTY (if agreed to in a written contract or a`lreenlent) hetore
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
4. it shall he a requirement under this ureenlent that any available insurance
proceeds broader than or in excess ofthe specified nlininrturt insurance coverage requirements and/or
limits shall he available to CITY or any other additional insured party. I=urthennore. the requirenlents
fir coverage and hnllts shall he: (1) the R11nn111t1t11 co\era`ae and limits specified In this Agreement: or
(2) the broader coverage and nlaxlnitltll limits ole awera0C of any insurance policy or proceeds
available to the named insured: \whichever is greater. No representation is made that the mintnrtull
insurance requirelllents of this a`areement are sufficient to cover the obligations of the
CONSULTANT under this agreement.
C. Deductibles and SIR'S. :any deductibles or self-insured retentions in
CONS UL;i'ANT's insurance policies nulst he declared to and approved by the PROJEC'i
!%IANA(:iER and City Attornev and shall not reduce the limits of liability". Policies containinu, am
self-insured retention (SIR) provision shall provide or he endorsed to provide that the SIR nut\ he
satisfied by either the named insured or CITY or other additional insured party. :fit CiTY's option.
the deductibles or sell=insured retentions with respect to CITY shall he reduced or eliminated to
C'ITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and
related investigations. claims administration. attorney's lees and defense expenses.
ko-ked 1.29 2020
U. Proof of Insurance. CONSULTANT shall provide to the PROR C I MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of lnsurance evidencing the insurance
coverage required ill this Agreement: (2) a copy of the policy declaration page andior endorsement
page listing all policy endorsements for the commercial general liability policy, and (.i) excerpts of
police language or specific endorsements evidencing the other insurance re(Iuirements set firth in this
Agreenlent. CiTY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONSULTANT. Failure to exercise this ri<oht shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufffiicieney by PRO.II?C'T
MANAGER and the City Attorney.
IL INDEMNIFICATION.
A. Except cis otherwise provided in Paragraph B., CONSULTANT shall, to the fullest
extent permitted by Iaxv. indemnify, release, defend "ith counsel approved by Ci1111'. and hold
harmless CI'T'Y. its officers. agents. employees and Volunteers (collectixel}. the "(ite
Indemnitees"), from and against any claim, demand, suit, judgment. loss. liability or expense of
any kind, including but not limited to attorney's feeS. expert fees and all other costs and fees of
litigation. (collectively "CLAIMS"). arising out of CONSULTANT'S performance of its
obligations or conduct of its operations under this Agreement. -fhe ('ONS[il,]'AN'l"s obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
neuligence of the City indemnitees. i lowevcr. to the extent that liability is caused by the active
negliaence or xyillful misconduct of the City Indemnitees, the CONSULTANT's indemnification
oblioation shall he reduced in proportion to the Cih, Indemnitees' share of liahilit\ li)r the active
negligence or willful misconduct. In addition. the acceptance or approval of the
CONSI1LTANT's Work or work product by the CiTY or any of its directors. officers or
employees shall not relieve or reduce the C'ONSULTANT'S indemnification obligations. in the
event the Cit° indemnitees are made a party to any action. lax\suit, or other adversarial proceeding
arisin�� tiom CONSUL'TANT'S pert�irmancc of or operations under this :agreement.
CONSUL. TANT shall provide a defense to the Cih• indemnitees or at CITY'S option reimburse
the Citi• Indemnitees their costs of defense, includ►nL, reasonable attorneys' fees. incurred in
defense ofsuch claims.
13. Where the services to he provided by CONSULTANT under this Agreement are
design protessional services to he performed bti a design professional as that term is defined under
Civil Code Section 2782.5. then. to the extent permitted bV law including without limitation, Civil
Cade sections 2782, 2782.6 and 2782.8. CONSULTANT shall indenlnit'v and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
da►llages. liabilities or costs (including incidental damaues. Court costs, reasonable attornev's lees
as may he determined by the Court, litigation expenses and fees of expert Witnesses incurred in
connection therewith and costs of investigation) to the extent the%: are caused by the ne-Huence,
recklessness. or willful misconduct of CONSUI..TANi'. or any sub(xmsultants. or Subcontractor
or anyone directly or indirectly employed by them, or anyone tar whom tile\, are legally liable
(collectively Liabilities). Such obligation to hold harmless and iildenlnifj, an)' indemnity Shall not
apple w the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such C'itN Indemnitee.
Revised 1 29•20_111
C. t he defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way he limited by, the insurance obligations contained in this
:agreement. and shall survive the termination or completion ol'this Agreement for the full period
of time allowed bN law.
I �. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way. against any person on the basis ul'aoe.
seg. race, color, reli�.;ion. ancestn% national origin or disahilit) in connection with or related to the
performance of its duties and ohligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws.
ordinances. codes and regulations. in the performance of its duties and obligations Linder this
Agreement. CONSULTANT shall perform all services Under this Agrecinent in accordance \\ith
these laws. ordinances, codes and regulations. CONSULTANT' shall rebase, defend, indemnity and
hold harmless CITU. its officers. agents and employees from anv and all damages. liabilities,
Penalties. lines and all other consequences from any noncompliance or violation of anw laws.
ordinances, codes or rel-11.1latiorls.
14. NO FI-TIRD PAR'T'Y BENEFICIARIES.
CITY and CONSULTANT do not intend, b\ an) provision of this :agreement. to create in
any third part\. any benefit or right owed h) one pal t), under the terills and conditions of this
Agreement. to the other panty.
15. NO (ICES.
All notices and other communications required or permitted to be "iven under this Agreement.
including anv notice of change of address. shall he in writing and. liven b\° personal deliver-, or
deposited with the United States Postal Service. postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as ol'the date of personal delivery, or if mailed, upon the
date ot'deposit with the United States Postal Service. Notice shall be given -' ti)llo\vs:
TO CITY: Cory Bvtof
Sustainability Program !-lanager
Citw of San Rathel
1400 Fifth Avenue.
San Rafael. CA 94015-1560
I O C'ONTRAC'TOR: Kas Neteler
Principal
Gi�(antic Idea Studio. Ire.
W 2°d Street. Suite 1-30
Oakland. CA 94607
Revised 1 '29 2020
lc. INDEPENDENT CONTRAcroR
For the purposes, and for the duration, of this Agreement. CONSULTANT. its officers.
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONSULTANT and CITY expressly intend aIld agree that the status of
CONSULTANT, its officers. agents and employees be that of an Independent Contractor and not
that Of an employee of CITY.
17. EN"TIRE AGRFEiy1EN'[' -- ANIENDtiII:NI'S.
A. Hie terms and conditions of this Agreement. all exhibits attached. and all documents
expressly incorporated by reference. represent the entire Agreement Ol'the parties with respect to tile
subject matter of this AgreeIllent.
B. This written Agreement shall supersede an} and all prior a�ureements. oral or \\ritten.
regarding the subject platter between the CONSULTANT and the CITI .
C. No other aureenlent, promise or statement. written or oral. relating to the subject
matter of this Agreement. shall be valid or binding. except by way of a written amendment to this
Aureenlcnt.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this A`._'reelllent signed by the CONSULTANT and the CITY.
F. If any conflicts arise between the terms aIld conditions of this Agreement. and the
terllls and conditions elf the attached exhibits of elle dOCLnllellls expressl\' Incorporated by reference.
the tennis and conditions Of this Agreement shall control.
18. SET-OFF AGAINST DEIVI'S.
CONSULTANT agrees that CITY nlav deduct from any payment due to CONSULTANT
under this Agreement. ally monies which CONSULTANT owes CITY under anti ordinance.
agreement. contract or resolution fin' any unpaid taxes. fees. licenses. assessments. unpaid checks or
either amounts.
19. \VAIVE:RS.
1 Ile \VAI\'er by either party of any breach or violation of anv term. covenant or condition of
this Aureement. or of any ordinance. law or rel-11.1lation. shall not be deemed to be a \\aiyer of am
Other term, covenant, condition, ordinance. law or regulat1011. Or Of any subsequent breach or violation
of the same or other term. covenant. condition. Ordinance, law or re�lulation. 1 he subseeluent
acceptance by either party of ally fee, performance. or other consideration which ma\ beconle due or
owing Under this Agreement, stealI not be deemed to be a waiver of any precedln" breach or violation
by the other party ofam, term, condition. covenant Of this Aureelllent or any applicable Lm. ordinance
Revises! 1/217 201-0
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party In any action brouuht to enforce the ternls and conditions of this
Agreement, or ansino out of the performance of this Agreement, may recover its reasonable costs
tr
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement. a CITY
business license as required by the San Rafael Municipal Code CONSULTANT shall pax ally and
all state and federal taxes and any other applicable taxes. CITY shall not he required to pad Or am•
work performed under this Agreement, until CONSULTANT has provided CITY with a completed
Internal Revenue Service Forn1 W-9 (Request forTaxpayer Identification N1.1111berand Certification).
SURVIVAL UI=
Any terms of this Agreement that by their Mature extend beyond the term (or tennination) cif
this Agreement shall remain in effect until fulfilled and shall apply to birth Parties' respective
successors and assiLns.
23. I)I)I.IC*ABLE LAW.
The Imes of'the State ol'California shall govern this Aurcement.
24. COUNTL R 'ARTS AND ELECTRONIC SIGNATURE.
This Agreement nla\ he executed by electronic siunattu•e and in an} number of awnterparts.
each o1, which shall he deemed an original, but all of, which together shall constitlne 011e dl)l'1I111ellt.
Counterpart sil-Mature pn4ses nlay he delivered b\ telecopier. email or other means of electronic
transmission.
IN WITNESS NVIILREOF. the parties have executed this Agreement as ofthe da\, month
and year first above written.
('CTX OF SAN RAFAEL
,flit S(.'I-Il1"17.. CiIN N 1111eer
Revised 1 29 2020
CONSULTANT
'r
Name. lir ;k/' S %✓ ��LFf'�
Title: _�ejc-y :�G,_��
A"ITEST:
X. NX4,v�*,Arj. Z.
LINDSAY LARA. City Clerk
APPROVED AS I O IORM:
Pr L—
ROBE- RT I`. EPS'TEIN. C tv :1ttt�n"�eN
Ke%i ed P29,2020
IIf CONST ITANi' is a coq)or tion, add signature of
second corporate oftieerl
Name: LiS6,t- Du b!&
Title:_ Plw C Cojit�_ _
GIGANTIC IDEA STUDIO
OUTREACH with IMPACT
SCOPE OF WORK
5 May 2020
TC Cory Bytof, City of San Rafael
FROM: Kas Neteler, Gigantic Idea Studio, Inc.
PROJECT: San Rafael Illegal Dumping Mitigation Pilot Project
The San Rafael Illegal Dumping Mitigation Pilot Project involves three tasks (below) with
budget, timeframe and brief description. Project assumes no more than three rounds of
proofs per task. Any additional labor hours to be billed at rate of $130/hour. Printing expense
subject to change. Client is responsible for providing Spanish translation services for Task 1
and 2. English only for Task 3.
Total Budget $22,860
Task 1
Bulky Waste Drop Off Event
$3,370
Labor: $1,560 (12 hours @ $130/hr);
Expense: Printing/Mail prep/Postage: $1,810
May - June 2020
• Create Summer 2020 Bulky Waste drop-off postcard.
• Print 2,500, 5.5" x 8.5" postcards using 100# Recycled Uncoated Cover stock.
• Mail and print 2,400 of the postcards at presort standard rate.
• Client to provide Spanish translation.
Client to supply mailing list, which will be CASS-certified to standardize mailing addresses and
run through NCOA (National Change ofAddress) to ensure address is mailable. The "scrubbed"
list can be returned to the client if requested.
Task 2
Residential Voucher
$18,400
Labor: $5,200 (40 hours @ $130/hr)
Expense: Printing/Mail prep/Postage per printing $4,400, total for 3 printings: $13,200
May -July 2020
San Rafael Illegal Dumping Mitigation Pilot Project May 2, 2020 Page 2
• Strategize creation of residential voucher program with project partners.
• Create content and design voucher.
• Print 3,500 8.5" x 11" vouchers using 100# Recycled Uncoated Cover stock; repeat
printing up to twice more (three total).
• Mail 3,400 vouchers at the presort standard rate; repeat mailing up to twice more
(three total).
• Client to provide Spanish translation
First print run/mail drop is scheduled for late May.
Second print run/mail drop is scheduled for late June.
Third potential print run/mail drop is scheduled for late July.
Client to supply mailing list, which will be CASS-certified to standardize mailing addresses and
run through NCOA (National Change ofAddress) to ensure address is mailable. The "scrubbed"
list can be returned to the client if requested.
Task 3
Commercial Coupon
$1,090
Labor: $1,000 (7.75 hours @ $130/hr)
Expense: Printing/Shipping to client. $90
May June 2020
• Create content and design voucher.
• Print 50 5.5" x 8.5" card using 100# Cover stock.
• English only version.
• Ship via USPS Priority Mail 50 coupons to client office in San Rafael.
580 3'D STREET, SUITE 330. OAKLAND, CA 91607 tel 510-151-5500
www.glgantic-Iclea.coill
X4 RAFq�!
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'rrWITH Pef
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Manager
Project Manager: Cory Bytof
Extension: 3407
Contractor Name: Gigantic Idea Studio, Inc.
Contractor's Contact: Kas Neteler
Contact's Email: kas@gigantic-idea.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
Click {sere to
1 Project Manager
a. Email PINS Introductory Notice to Contractor
El
enter a date.
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
❑X CB
2
City Attorney
a. Review, revise, and comment on draft agreement
5/12/2020
X LG
and return to Project Manager
❑X LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Project Manager
Forward three (3) originals of final agreement to
3/29/2019
❑X
Project Manager
contractor for their signature
❑X N/A
CB
4
When necessary, * contractor -signed agreement
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Date of Council approval
Click here to
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing_ form
6
City Attorney
Review and approve hard copy of signed
t�-//5-20a
6
L4,
City Attorney
agreement
Review and approve insurance in PINS, and bonds
7
City Manager/ Mayor
City Clerk
(for Public Works Contracts)
8
Agreement executed by Council authorized official
9
Attest signatures, retains original agreement and
forwards copies to Project Manager
"d