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HomeMy WebLinkAboutPW CalRecycle Recycling Services FY 2022-23AGREEMENT FOR CALRE CYCLE RECYCLING SERVICES FY 2022-23 This Agreement is made and entered into this 2 day of Jjit,,1V 20Y��y and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Conserve on Corps North Bay, Inc., a California corporation (hereinafter "CONTRACTOR"), RECITALS WHEREAS, the CITY wishes to continue to enhance recycling in CITY parks and receives California Department of Resource Recycling and Recovery (CalRecycle) funds for such purposes; and WHEREAS, the CONTRACTOR has resources available to offer low-cost recycling services in local parks, and has contracts with other public agencies to do so; and WHEREAS, the CONTRACTOR has agreed to render such services, AGREEMENT NOW, THEREFORE, the parties hereby agree as follows; 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Sustainability Program Manager is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise . all aspects of the progress and execution of this Agreement, B. CONTRACTOR'S Project Director, CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR, The Recycling Program Manager, Kyle LaRue, is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as outlined CONSULTANT`s proposal entitled, "Proposal for Services — San Rafael Parks Recycling" marked as Exhibit A, attached hereto and incorporated herein. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis as described in Exhibit A, in a total contract amount not to exceed $23,999.20. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing upon date of execution. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to six (6) months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (3 0) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, 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 (15) 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. 7. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 8. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy nn the minimum amount of one million dollars ($1,000,000) dollars per occurrence. Revised 1/29/2020 3. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease, CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A ofthis section above shall also meet the following requirements; 1, Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies, 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be "primary 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 any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13, 3, Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. Ifthe insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or Revised 1/29/2020 limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONTRACTOR under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses, D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 9. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City 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 CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees, However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in Revised 1/29/2020 defense of such claims, B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782,6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONTRACTOR, or any subcontractors, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C, The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 10. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement, 11, COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these taws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 12, NO THIRD PARTY BENEFICIARIES, CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one patty, under the terms and conditions of this Agreement, to the other patty. Revised 1/29/2020 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 14. INDEPENDENT CONTRACTOR, Cory Bytof City of San Rafael 1400 Fifth Ave San Rafael, CA 94901 Kyle LaRue Conservation Corps North Bay 27 Larkspur St San Rafael, CA 94901 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 15. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, 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 Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. Revised 1/29/2020 16, SEX-OFF AGAINST DEBTS, CONTRACTOR agrees that CITY may deduct fiom any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 17, WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordnance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation, The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant ofthis Agreement or any applicable law, ordinance or regulation. 18, CASTS AND ATTORNEY'S FEES, The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 19. CITY BUSINESS LICENSE/ OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 20. SURVIVAL OF TERMS, Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 21. APPLICABLE LAW, The laws of the State of California shall govern this Agreement, 22, COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Revised 1/29/2020 Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the patties have executed this Agreement as of the day, month and year fust above written. CITY OF SAN RAFAEL SCHUTZ, City Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: R C RQ RT F. EPSTEIN, City Attorney Revised 1/29/2020 CONTRACTOR By: Name: r Title: [If CONTRACTOR is a corporation, add signature of second corporate officer] By: Narne- Title: ke� Exhibit A CONSERVATION CORPS 1VOIRTH )DAY 1{�: --------------- . ... "•' Proposal for Services - San Rafael Parks Recycling Ap°Ihw.hallcrfulure, :ref Partner Information Agency contractor Information City of Son Rafael Company Address 1400 5th Avenue City, State, ZIP Involce Contact Phone Email Cc: Scope of Work Conservation Corps North Bay Contractors License # 690064 San Rafael, CA 94901 Address Iman Kayani City, State ZIP 415.720.4400 Primary Contact Iman.Kayani@cityofsanrafael.org Phone Email 11 Pimentel Ct. Novato, CA 94949 Kyle LaRue 707.758,5417 klarue@ccnorthbay.org Conservation Corps North Bay (CCNB) will supply the City of San Rafael with recycling collection services for their various park locations, Task Details include: • Locations: Gerstle Park, Albert Park, San Rafael Library, Boyd Park, Sun Valley Park, Shoreline Park, Peacock Park, Victor Jones Park, Oleander Park, Santa Margarita Park, Bernard Hoffman Park, and Pickleweed Park. • Service begins on July 1, 2022 and continues until contracted funds are fully spent, CCNB Responsibilities: • CCNB will provide one Supervisor and one Corpsmember to collect recycling material from Identified bins or containers at the locations mentioned above on a weekly basis. • CCNB will provide litter abatement services within a 1Oft radius of each identified bin. • CCNB will complete on-site decontaminatlon service with each recycling pickup to increase the quality and recyclability of the material collected. • CCNB will accomodate additional servicing of bins and litter abatement at all locations on an on-call basis. • CCNB will provide Information on the amount of recycling material collected annually to the City of San Rafael. Not Included costProposal We, Conservation Corps North Bay, propose the above scope of work to be completed for an amount not to exceed $23,999,20, Invoice Terms Invoices will be sent monthly. Billing includes travel time to and from the CCNB Center. Invoices will be submitted on a monthly basis or upon completion of work. Invoices unpaid after 30 days will be charged 1 1/2% interest monthly. Rates are subject to annual increases per CA State Minimum Wage Law requirements and cost of living adjustments. Labor and services will be provided until total costs equal contract total or the scope of the work Is completed, whichever comes first. Actual daily costs may vary due to attendance. This proposal is valid for two months. Cost Breakdown List of Materials and costs Qty. Description Cost Per Service Total Crew Labor Days - 2022 (1 24 Supervisor and 2 Corpsmembersa $472.60 $11,342.40 Crew Labor Days - 2023 (1 26 Supervisor and 2 Corpsmembers) $486.80 $12,656.80 Total $23,999.20 Page 2 of 2 3 s Z N WITH P� 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: Public Works Project Manager: Iman Kayani for CB Extension: 3352 Contractor Name: Conservation Corps North Bay, Inc. Contractor's Contact: Kyle LaRue Contact's Email: klarue@ccnorthbay.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager a. Email PINS Introductory Notice to Contractor DATE Check/initial 1 Click here to 01 enter a date. b. Email contract (in Word) and attachments to City 6/6/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X IKK 2 City Attorney a. Review, revise, and comment on draft agreement 6/16/2022 ❑X GC and return to Project Manager 6/16/2022 ❑X GC b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 1 6/16/2022 3 Department Director Approval of final agreement form to send to X❑ BG contractor 4 Project Manager Forward three (3) originals of final agreement to 6/16/2022 ❑X IKK Project Manager contractor for their signature When necessary, contractor -signed agreement 5 ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services X❑ IKK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 6/29/2022 IKK Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney 71-711,-1 .7 j1,2 I i r agreement 7 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official 19vo-�� City Clerk r Attest signatures, retains original agreement and forwards copies to Project Manager ovr�4