HomeMy WebLinkAbout3/21/2007 - STAFF REPORTS - 2.L. ?PLM Sp
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cgtlpovt P CITY COUNCIL STAFF REPORT
DATE: March 21, 2007 Consent Calendar
SUBJECT: Amendment No. 1 to Agreement Number A5336 with Evergreen Recycling
Solutions in an Amount Nat-to-Exceed $45,000 for Technical Assistance on Solid
Waste and Recycling Issues
FROM: David H. Ready, City Manager
BY: Assistant City Manager—Administrative Services
SUMMARY
The City has heretofore retained a qualified consultant to provide technical assistance and
professional advice on solid waste and recycling issues. This action would amend the existing
agreement with the consultant, extending the term for one (1) additional year, as well as
increasing the consultant's schedule of compensation to reflect the additional work effort.
RECOMMENDATION:
1. Adopt Minute Order No. approving Amendment No. 1 to Agreement
Number A5336 with Evergreen Recycling Solutions for municipal solid waste
management and recycling consulting services in an amount not-to-exceed $45,000.
2. Authorize the City Manager to execute the necessary documents.
STAFF ANALYSIS:
In 1989, the Governor signed in to law the California Integrated Waste Management Act of
1989, also known as AB 939. This Act requires cities to divert, through a combination of source
reduction, recycling, and composting programs, 25% of solid wastes from landfill disposal by
1995, and 50% by the year 2000 and beyond.
The City has implemented a number of integrated waste management programs designed to
bring the City into compliance with State law. Based on our latest estimates, the City has
achieved a 59% diversion rate. Although the City is currently in compliance with State
mandated diversion goals, this is an ongoing process that requires special expertise in recycling
and solid waste management issues. If the City fails to maintain a diversion rate of 50%, the
California Integrated Waste Management Board could impose civil administrative penalties of
$10,000 per day for each day of non-compliance.
ITEM NO.
City Council Staff Report
March 21, 2006 -- Page 2
Evergreen Recycling Solutions Amendment No, 1
Historically, the City has employed a full-time recycling coordinator to manage the City's
recycling and source reduction programs. The individual that was in this position retired from
City service in 2005. As a cost saving measure, the City did not fill this position, but instead
retained the services of a locally based consulting firm, Evergreen Recycling Solution, to
oversee the City's solid waste and recycling programs. The City's current agreement with
Evergreen Recycling Solutions is set to expire on June 30, 2007,
Staff has met with the consultant to discuss the current agreement and the proposed work program
for the coming year. The work program is divided into seven (7) separate tasks. Some of the
highlights of the proposed work program include:
• Prepare public information and educational materials to promote and raise public awareness
on solid waste and recycling issues and programs;
• Implement various recycling and source reduction programs, including household hazardous
waste, green waste, food waste and construction and demolition debris recycling in order to
achieve environmental and economic benefits;
• Conduct waste audits and characterization studies as needed;
• Coordinate with the City's franchised waste hauler to further develop the recycling
opportunities for curbside, multifamily, and commercial/industrial collection programs;
• Prepare the City's annual diversion report to the California Integrated Waste Management
Board; and
• Prepare and submit applications for used oil, recycling and beverage container funding
through the State of California.
As part of the work program, the consultant will also serve as the City's staff liaison to the
Coachella Valley Association of Governments Energy and Environment Committee, as well as
provide technical assistance to the proposed Resource Conservation Commission that the City
Council is in the process of creating.
The proposed amendment extends the term of the existing agreement for one (1) year. In
addition, the consultant's compensation will be increased by an additional $45,000 to reflect the
new work program. The total contract amount, including this amendment, totals $69,000. The
annual savings to the City by contracting out this work to a consultant is estimated at $40,000.
FISCAL IMPACT:
This is a budgeted expense. Funds are available in Solid Waste Program Fund (Account #125-
1280-43200),
Tro Butzlaff -David H. Ready
Assi nt City n r-Administrative Services City Manager
Attachments:
1 Minute Order
2_ First Amendment to Agreement A5336
MINUTE ORDER NO.
APPROVING AMENDMENT NO. 1 TO AGREEMENT NUMBER
A5336 WITH EVERGREEN RECYCLING SOLUTIONS FOR
MUNICIPAL SOLID WASTE MANAGEMENT AND RECYCLING
CONSULTING SERVICES IN AN AMOUNT NOT-TO-EXCEED
$45,000.
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I HEREBY CERTIFY that this Minute Order, approving Amendment No. 1 to Agreement
Number A5336 with Evergreen Recycling Solutions for municipal solid waste management
and recycling consulting services in an amount not-to-exceed $45,000 was adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof held on the 215t
day of March 2007.
JAMES THOMPSON
City Clerk
FIRST AMENDMENT TO AGREEMENT
FOR SOLID WASTE AND RECYCLING TECHNICAL SERVICES
This First Amendment to the Consultant Services Agreement with Evergreen Recycling
Solutions("First Amendment" or "Amended Agreement") is made and entered into this 21" day
of March, 2007, by and between the CITY OF PALM SPRINGS, a municipal corporation
("City") and Evergreen Recycling Solutions, a California Corporation ("Consultant") and amends
that certain "Contract Services Agreement with Evergreen Recycling Solutions" (the
"Agreement") dated July 26, 2006 between the same parties.
RECITALS
A. On or about July 26, 2006, City and Consultant entered into a"Contract Services
Agreement" pursuant to which Consultant agreed to provide solid waste and recycling
technical services ("Project").
B. The teen of this agreement was for a period of one year expiring on June 00, 2007.
C. City does not have the staffing or expertise necessary to adequately perform these
services and needs the continued assistance of a qualified consultant.
D. City and Consultant desire to amend the Agreement to extend the term and increase the
Contract Surn to reflect the new work program.
AGREEMENT
The Agreement is hereby amended as follows:
1. "1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide solid waste and recycling advisory and
technical services to City as described in the Scope of Services/Work attached to
this Agreement as Exhibit "A" and incorporated herein by reference (the
"services" or "work"), which includes the agreed upon schedule of perfonnance
and the schedule of fees. Consultant warrants that all services and work shall be
performed in a competent, professional, and satisfactory manner in accordance
with all standards prevalent in the industry. In the event of any inconsistency
between the terms contained in the Scope of Services/Work and the terms set
forth in the main body of this Agreement, the terms set 1'oilh in the main body of
this Agreement shall govern.
2. "3.1 Compensation of Consultant_ For the services rendered pursuant to this
Agreement, Consultant shall be compensated in accordance with the "Schedule of
Fees" attached hereto as Exhibit "A" and incorporated herein by this reference,
but not exceeding the maximum contract amount of Sixty Nine Thousand Dollars
($69,000) ("Contract Sum")."
3. "4.A Tenn. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until completion
of the services. The term of this agreement shall be for a one year period
commencing March 21, 2007- In no event shall this agreement remain valid past
Jrme 30, 2008 unless otherwise extended by written approval of the City."
1. Except as expressly provided herein, all other terms and conditions of the
Agreement shall remain in full force and effect.
[Signature Block on Next Page]
IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be
effective as of the Date first written above.
CITY OF PALM SPRINGS,
a municipal corporation
By:
City Manager
ATTEST:
City Clcrk
APPROVED AS TO FORM: Evergreen Recycling Solutions
City Attorney Name:
Title:
EXHIBIT "A"
Scope or Services
Consultant agrees to provide general coordinative and administrative support for City recycling
programs and projects, including, but not limited to the following tasks:
Task 1. AB 939 Implementation and Support
• Implement the City's Source Reduction and Recycling Element (SRRE).
• Implement various recycling and source reduction programs including household
hazardous waste, green waste, food waste and construction and demolition debris
recycling in order to achieve environmental and economic benefits.
• Conduct waste audits and characterization studies as needed.
• Work with large venue sites and facilities to ensure successful implementation of AB
2176.
• Coordinate with the City's franchised waste hauler to further develop the recycling
opportunities for curbside, multi-family, and commercial/industrial collection programs.
Task 2. Prepare CIWMB Annual Report for Calendar Year 2005
Consultant will prepare both an electronic version with PARIS notes on each diversion program
as well as a narrative report to be submitted in hard copy showing recycling trends over time,
identifying issues and problem areas, and documenting the City's good faith effort in meeting the
AB 939 mandates. Consultant will contact and obtain diversion data required for the report from
the following entities:
1. Waste Management (Data on curbside, commercial program, green waste, Spring/Fall
cleanups, special events, drop-offs, City facility program, oil recycling program, and Ions
taken to the Edom Hill Landfill,
2. County of Riverside (Data on HHW drop-offs, ABQP tonnages, Master Composter
Program, confirm tons taken to the Edom Hill Landfill and to other landfills in the County,
and allocation of biomass tonnage).
3. Cal Biomass, World Products, Southern California Recycling for data on greenwaste,
wood, organics, and any other materials accepted.
4. CIWMB for calculation of diversion percentage, inputs to diversion calculation formula and
other applicable data.
5. Kern County for information on organic diversion from Ralph's supermarket.
6. Colmac for biomass tonnage and for sources of tonnage.
7. City staff for any programs such as street sign recycling, phone book recycling, etc_
8. Other organizations as needed.
Consultant will coordinate with the CIWMB Office of Local Assistance staff in preparing a draft of
the Annual Report for review and comment by City staff. Upon receipt of comments from the
City, consultant will revise the report and produce a final draft for City review.
CIWMB will make the final determination about when the final report is due.
Task 3, Provide Administrative Support for Solid Waste Franchise
Provide administer support for the City's solid waste franchise including but not limited to:
• Respond to resident complaints and inquiries;
• Process resident requests for exemptions from residential disposal fees;
• Respond to requests by civic organizations for help with recycling needs such as signage
or containers;
• Work with the City's franchise waste hauler, Palm Springs Disposal Service, to resolve any
solid waste hauling and recycling issues that may arise;
• Prepare public information and educational materials to promote and raise public
awareness on solid waste and recycling issues and programs.
• Prepare and submit applications for used oil, recycling and beverage container funding
through the State of California.
• Interact, liaison, and work with other governmental agencies such as Riverside County,
Riverside County Sheriff's Dept., CDF and Riverside County Fire Dept., Coachella Valley
Association of Governments (CVAG), and California Integrated Waste Management Board
(CIWMB) regarding solid waste and recycling issues.
Task 4. Organize and Implement Special Events
Act on behalf of the City of Palm Springs in scheduling, setting up, implementing, and overseeing
special events to include but not limited to:
• E-Waste events;
• Shredding events;
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• Spring and Fall Clean-up events;
• Telephone book recycling;
• Christmas tree, wrapping paper and Christmas card recycling;
• Other events as directed by City.
Task 5. Review State legislation affecting Solid Waste and Recycling
• Review and provide periodical updates to City's contract officer on state legislation
affecting solid waste and recycling services.
Task 6. Attend Progress Meetings & Prepare Monthly Progress Reports
Attend periodic progress meetings with City staff to discuss the status of all tasks in progress,
problems encountered, schedules, etc. Prepare a written monthly progress report to the City for
submittal with each month's invoice.
Task 7. Perform Other Duties as Requested by the City
Perform other duties as assigned by the City of Palm Springs for Solid Waste and AB 939
compliance.
Schedule of Charges
City will pay fees to the Consultant for services performed hereunder on the following basis.
1. Consultant's standard billing rate is $60.00 per hour. This rate is all inclusive. Consultant shall
not be entitled to reimbursable expenses.
2. The fee for professional services including Amendment No 1 will not exceed $69,000.
3. This fee is based on the following conditions:
a. Availability of all necessary information from the City in a timely manner.
b. Consultant shall be available at City Hall during normal business hours a minimum of
8 hours per week to answer questions from members of the public and/or staff,
respond to telephone and email inquires, and to perform the services described in
this Exhibit A.
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4. Consultant agrees to remain available to attend additional meetings and provide additional
consulting services beyond the scope of the tasks listed here, as requested by the City. Such
services may include:
• Changes in project scope
• Any other services not specified in this scope
The Consultant's standard rate for consulting services beyond the scope of work as described
herein is $60 per hour. At no time shall Consultant's billings exceed the maximum contract
SUM.
5. Consultant will work at all times in close cooperation with the City's staff and its other
consultants and advisors.
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