HomeMy WebLinkAboutCM Illegal Dumping Pilot ProgramAGREEMENT FOR PROFESSIONAL SERVICES
FOR ILLEGAL DUMPING PILOT PROGRAM CONSULTING SERVICES
This Agreement is made and entered into this day of , 2021, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and R3 CONSI ff.TING GROUP,
INC. (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has a franchise agreement with Marin Sanitary Service for refuse
service, including recycling and organics collection; and
WHEREAS, the CITY experiences over 300 reports of illegal dumping per year and wishes
to conduct a pilot program to identify comprehensive waste management solutions; and
WHEREAS, the CITY included funding for an Illegal Dumping Pilot Program in the annual
rate adjustment for the 2021 calendar year; and
WHEREAS, CONTRACTOR is qualified and willing to perform consultation services and
rate impact analyses to assist the Illegal Dumping Pilot Program;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION
PROJECT COORDINATION.
A. CITY'S Project Manager. Sustainability Program Manager Cory Bytof 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Garth Schultz is hereby designated as the PROJECT DIRECTOR
for CONSULTANT. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as described in
CONTRACTOR's Proposal to Provide 2021 Illegal Dumping Pilot Program Support and Consulting
Rev. Date: 1130114
Services, dated December 4, 2020, attached hereto as Exhibit "A" and incorporated herein.
DUTIES OF CITY
CITY shall pay the compensation as provided in Paragraph 4 and cooperate with
CONTRACTOR in its performance under this Agreement.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR,
CONTRACTOR shall be compensated as described in Exhibit "A" in a total contract amount not to
exceed $9,500.00. It is understood and agreed by the parties that payment of compensation hereunder
for the Proposal to Provide 2021 Illegal Dumping Pilot Program Support and Consulting Services
shall be made as follows: CONTRACTOR shall submit periodic invoices to CITY for review and
approval, then CITY shall forward CONTRACTOR's approved invoices to Marin Sanitary
Services, which shall remit payment on each invoice directly to CONTRACTOR within thirty (30)
of receipt thereof.
TERM OF AGREEMENT.
The term of this Agreement shall commence upon the date of execution of this Agreement
and shall end on January 31, 2022.
TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) 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 tenmination, 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 CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
Rev. date: 1 i292020
INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. 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.
10. 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 in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional perforans any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. 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 of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
Rev. date: 1/29/2020
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 01 04 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or worker's compensation
in their text or by endorsement, coverage for
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. If the 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
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
Rev. date: 1 i29I2020
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.
11. 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
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 subconsultants, or subcontractor
Rev. date: 1/29/2020
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.
12. 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.
13. 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 laws, 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.
14. 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 party, under the terms and conditions of this
Agreement, to the other party.
15. 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: Cory Bytof
Sustainability Program Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94915-1560
Rev. date: 1/29/2020
TO CONTRACTOR: Garth Schultz
Principal
R3 Consulting Group, Inc.
1512 Eureka Rd. Ste. 220
Roseville, CA 95661
16. INDEPENDENT CONTRACTOR.
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.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The ten -ns 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.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from 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.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
Rev. date: 1±2912020
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 of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS 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.
21. 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).
22. 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.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. 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.
Counterpart signature pages may be delivered by telecopier, email or other means of electronic
transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
By:
JIM SC UT , City ana er
Rev. date: 1/29/2020
CONTRACTOR
By: V
Nane: Garth Schultz
Title: Principal / Secretary
ATTEST:
[If Contractor is a corporation, add signature of second
corporate officer]
Ar LINDSAY LARA, City Clerk
Name: Richard Tagore-Erwin
Title: CEO
APPROVED AS TO FORM:
61) ROBERT F. EPSTEIN, Cily Attorney
Rev. date: 1.29'2020
3 CONSULTING GROUP, INC.
RESOURCES • PESPECT• RESPOi ISIBILIT'f
1512 Eureka Road, Suite 220, Roseville, CA 95661
Tel: 916-782-7821 1 Fax: 916-782-7824
December 4, 2020
Mr. Cory Bytof
Sustainability Program Manager
City of San Rafael
1400 Fifth Ave.
San Rafael, CA 94901
www.r3cgi.com
Subject: Proposal to Provide 2021 Illegal Dumping Pilot Program Support and
Consulting Services
Dear Mr. Bytof:
R3 Consulting Group, Inc. (133) is pleased to submit this proposal to provide the City of San Rafael (City)
with support and consulting services in 2021 for the Illegal Dumping Pilot Program. Via this proposal, R3
will:
1. Support Operations & Perform Financial Analysis in Coordination with Illegal Dumping Pilot
Program
R3 will evaluate City's options and costs for illegal dumping mitigation in alignment with learnings
gleaned from previous program activities, direction provided by City staff, and via the City's "Bulky
Waste Collection and Recycling Events: A Pilot Program to Reduce Illegal Dumping." R3 will help
provide financial, rate inclusion, and rate impact analysis using the information from the City,
Gigantic Idea Studio (GIS), and additional data sources. Specifically, R3 will:
• Analyze the 2021 pilot and conduct a cost analysis of the program;
• Evaluate data gathered related Bulky Waste pickups, multi -family dump vouchers, and
dump coupons for commercial property owners;
• Review illicit and casual dumping engagement and enforcement data;
• Work with the City and their consultants GIS to provide input on the pilot design for cost-
effectiveness and engagement strategy;
• Work with MSS to understand the mechanisms necessary to include in the rates and what,
if any, rate impact their administration of the pilot and these internal mechanisms may
have;
• Provide insight and recommendations for long-term solutions for illegal dumping in San
Rafael by reviewing documentation, reports, data, and participating in meetings with GIS
and the City; and
• Offer additional guidance related to this pilot or long-term solutions that might apply
across all the MSS jurisdictions.
R3 will provide as -needed support to the City's decision-making regarding City -desired programmatic
changes to reduce illegal dumping, and R3 will also evaluate and make recommendations regarding the
Mr. Cory Bytof
December4, 2020
Page 2 of 2
associated financial impacts and rate changes. This effort will be on behalf of the City will not exceed
$9,500 in cost (payable by MSS as a pass-through on the rates and applicable to the appropriate rate -
bases) and will be as directed by the City.
See Attachment 1 for our current 2020 billing rates. We appreciate the opportunity to submit this proposal
to the City. Should you have any questions regarding our proposal or need any additional information
please contact me by phone at (510) 292-0853 or by email at gschultz@r3cgi.com. As Principal at R3, I am
authorized to contractually obligate R3 and negotiate contracts on behalf of the organization.
[able 1: Proposed ZOZo Illegal Dumping Reduction Pilot Program Budget
R3 Tasks Initial Budget
Solid Waste Operations & Financial Analysis in Coordination with $ 4,500
City Program and Pilot Conclusion $ 3,600
Subtotal $ 8,100
Contingency $ 1,400
Total $ 9,500
Sincerely,
R3 CONSULTING GROUP
Garth Schultz I Principal
R3
CONSULTING GROUP, INC.
RESOURCES- RESPECT- RESPONSIBILITY
Hourly Billing Rates
Classification
Principal
Hourly Rate
$ 225
Project Director
$ 215
Senior Project Manager
$ 190
Project Manager
$ 185
Senior Project Analyst
$ 165
Senior Administrative Support
$ 160
Project Analyst
$ 155
Associate Analyst
$ 145
Administrative Support
(includedReimbursable
in hourly
$ 125
Costs
rates)
Consultants/Subcontractors
Cost plus 10%
Lodging and meals
Direct cost
Travel — Private or company car
At Current Federal Rate
Travel — Other
Direct cost
Delivery and other expenses
Direct cost
Payments
Unless otherwise agreed in writing, fees for work completed will be billed
monthly at the first of each month for the preceding month and will be payable
within 30 days of the invoice date
1512 Eureka Road, Suite 220, Roseville, CA 95661 1 p 916 782 7821 f 916 782 7824 1 aw v r3cgi carr
4";.
� RAFq�!
2
Fo
r►tiITH 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: City Manager
Project Manager: Cory Bytof
Extension: 3407
Contractor Name: R3 Consulting Group, Inc.
Contractor's Contact: Garth Shultz
Contact's Email: gschultz@r3cgi.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
❑
2/2/2021
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
2/9/2021
❑X LG
and return to Project Manager
2/9/2021
❑x LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
CB
3
Project Manager
Forward three (3) originals of final agreement to
2/10/2021
contractor for their signature
❑X N/A
4
Project Manager
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
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
2/10/21
CB
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
211112'D21
agreement
7
City Attorney
Review and approve insurance in PINS , and bonds
Wit
City Manager/ Mayor
City Clerk
(for Public Works Contracts)
8
Agreement executed by Council authorized official
Attest signatures, retains original agreement and
9
lay
U
forwards copies to Project Manager
6 J��
/