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HomeMy WebLinkAbout1/16/2008 - STAFF REPORTS - 4.A. o�ppl.MgAR V N F CITY COUNCIL STAFF REPORT DATE: Janua 2008 )zwvbLI 1b 3Do�, Consent Calendar �aL�I�.V SUBJECT: Amendment No. 2 to Agreement Number A5336 with Evergreen Recycling Solutions modifying the scope of services and increasing the contract sum by an additional $30,000 FROM: David H. Ready, City Manager BY: Assistant City Manager— Administrative Services SUMMARY In 2005, the City entered into an agreement with a local consultant to provide technical assistance and professional advice on solid waste and recycling issues. This agreement was amended last year to make certain modifications to the scope of services and to extend the term of the agreement through the end of the current fiscal year. Recently, the City, as part of its effort to improve the level and frequency of maintenance in the downtown business area, asked the consultant to provide supervision and general oversight of the City's downtown maintenance crews. As a result of this change, and to provide additional services not currently covered under the original agreement, the City needs to amend the current agreement. This action amends the existing agreement with the consultant for the purpose of modifying the scope of services and increasing the consultant's schedule of compensation to reflect the additional work effort. RECOMMENDATION: 1. Approve Amendment No. 2 to Agreement Number A6336 with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services, amending the scope of services and increasing the contract sum by an additional $30,000. 2. Authorize the City Manager to execute the necessary documents_ STAFF ANALYSIS: The City has used a locally based consultant to manage the City's recycling and source reduction programs since 2005. Last year, the City Council approved an amendment to the original agreement, extending the term of that agreement for one additional year and expanding the consultant's scope of services to include attendance at specific regional meetings (i.e., Coachella Valley Association of Governments Energy and Environment Committee) The City's current agreement with Evergreen Recycling Solutions is set to expire on June 30, 2008. ITEM NO. a City Council Staff Report • January 9, 2008 -- Page 2 Evergreen Recycling Solutions Amendment No. 2 Recently, staff determined that the consultant's existing scope of services did not adequately address staffing of the newly formed Resource Conservation Commission which the City Council created this past summer. Since the consultant plays a key role in the staffing of this commission, including the preparation of the commission's agendas, reports and attendance at all of their meetings, staff believes that the existing scope of services should be modified to include all of this work effort. In addition, as part of a strategy to address concerns regarding the level and frequency of maintenance in the downtown business area, the City has directed the consultant to assist in providing general oversight of our downtown maintenance crews, as well as to provide contract administration of a service provider that is cleaning the downtown parking structure. This level of oversight has been successful in improving the overall conditions in the downtown area- Staff intends to create a permanent supervisor position that will oversee the downtown maintenance efforts as part of a reorganization of the Parks and Recreation Department that will be presented to the City Council under separate cover. Once this supervisor position has been filled, the consultant will no longer be needed to oversee the downtown maintenance crews. The proposed amendment expands the consultant's scope of services to include staffing of the City's newly formed Resource Conservation Commission and to provide general oversight and supervision of the downtown maintenance crews until a permanent downtown maintenance supervisor can be hired. The contract sum under the existing contract with the consultant is $45,000. Staff is concerned that the contract sum will be exhausted before the end of the fiscal year due to the additional work that is being performed. To insure that there are sufficient funds to continue utilizing the consultant through the reminder of the fiscal year, staff is recommending that the contract sum be increased by an additional $30,000. With this amendment the new contract sum in the current fiscal year will be $75,000. FISCAL IMPACT: Funds to cover the staffing of the City's Resource Conservation Commission are available in Solid Waste Program Fund (Account #125-1280-43200). The temporary downtown maintenance effort performed by the consultant will be paid from the Parks Department budget (Account #001-4210-40000) with salary savings due to the current vacant parks supervisor position. ro L. Butzl David H. Ready A ' tant Ci M a er-Administrative Services City Manager Attachments: 1. Second Amendment to Agreement A5336 SECOND AMENDMENT TO AGREEMENT FOR SOLID WASTE. AND RECYCLING TECHNICAL SERVICES This Second Amendment to the Consultant Services Agreement with Evergreen Recycling Solutions ("Second Amendment" or "Amended Agreement") is nrade and entered into this 9"' day of January, 2008, 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. On March 21, 2007, the City and Manager entered into the"First Amendment to the Agreement for Golf Course Management Services" ("First Amendment"), which extended the tern of the Agreement for an additional period of tune- C. City requires additional services that are outside the Consultant's established scope of services- D. City and Consultant desire to amend the Agreement to modify the scope of services and budget to provide for these additional services. AGREEMENT The Agreement is hereby amended as follows: 1. "Ll Scope off Services. In compliance with all terns and conditions of this Agreement, Consultant shall provide waste management consulting and other techmical and advisory services as generally 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 000003 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 forth 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 Twenty Four Thousand Dollars (S24,000) ("Contract Sum") for services provided prior to June .30, 2007 and not exceeding the Contract Sum for services provided during the period of July 1, 2007 through June 30, 2008. 3. Except as expressly provided herein, all other teens and conditions of the Agreement shall remain in full force and effect. [Signature Block on Next Page] MO 9 0 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 Clerk APPROVED AS TO FORM: Evergreen Recycling Solutions City Attorney Name: Title: 00000 EXHIBIT "A" Scope of 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 9. 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 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 tons taken to the Edom Hill Landfill, 2. County of Riverside (Data on HHW drop-offs, ABOP 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. GOOOGG 6. Colmac for biomass tonnage and for sources of tonnage. 7. City slaff 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 residenlial 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; z 000007 • 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. Serve as Staff Liaison to City's Resource Conservation Commission Serve as the staff liaison to the City's Resource Conservation Commission. Prepare the Commission agenda, staff reports and other materials as necessary. Attend all meetings of the Commission and prepare a written report to City's contract officer summarizing the meeting and/or actions taken. Task 7. Attend Regional Meetings/Event & Prepare Reports Attend and represent City at various regional meetings such as the Coachella Valley Association of Governments Energy and Environmental Resources Committee and Energy Conservation Subcommittee and other community events as requested by City's contract officer. Prepare a written report to City's contract officer summarizing the discussion and/or actions taken. Task 8. Perform Other Duties as Requested by the City Perform other duties as assigned by the City of Palm Springs. Such duties may include, but are not limited to providing general oversight and supervision of the City's downtown maintenance crews, administering various service contractors and providing general support to the Parks and Recreation Director related to the downtown maintenance effort. 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 and Amendment No. 2, will not exceed $75,000 ("Contract Sum") for the period July 1, 2007 through June 30, 2008. 3 000008 0 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. 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. 4 6090013 GARY L. CALHOUN 4S-517 Via Amistad La Quinta, CA 92253 (760) 564-4410 QUALIFICATIONS • Extensive laiowledge of solid waste and recycling issues • Extensive research, analytical and investigative skills, • Excellent oral and written communication skill • Experience in report preparation and presentation • Experience in large scale project management • Experience in contract administration EMPLOYMENT RECORD Self Employed Solid Waste and Recycling Consultant • OWNER January 2005 to Present Perform all manner and all levels of solid waste and recycling duties for the cities of Palm Springs and Rancho Mirage to include, but net limited to, development and ongoing monitoring of their Construction and Demolition (C&D) debris diversion programs at building and constluclion sites, drafting of a model ordinance for use by cities in the Coachella Valley, identification of markets for recyclable materials, establishment and ongoing monitoring of commercial recycling efforts at their conu-nercial sites and shopping centers, establishment wad ongoing monitoring of restaurant food scrap diversion programs at restaurants, preparation of brochures and other educational materials, interaction and liaison with the California Inte-rated Waste Management Board, the Coachella Valley Association of Governments (CVAG), Page Springs Disposal Services, and Burrtec. City of Indian Wells, California—Management Services Department • MANAGEMENT ANALYST September 2001 to January 2005 Specific responsibilities as Management Analyst include: complete responsibility for the City's solid waste and recycling (AB939) program to include contract oversight and administration, route scheduling, billing, monthly and annual reports, and interaction and liaison with the California Integrated Waste Management Board (CIWMB), the City's recycling consultant, EcoNomics, Inc. and Waste management of the Desert; performing a wide array of complex and responsible administrative acid analytical duties such as research involving Community Services Districts, Inclusionary Housin; procedures, and Business Improvement Districts; researching and preparing analysis of proposed or existing legislation; leading the City's efforts to become a charter city; managing the City's Comnmity Assist-mice Program involving contributions to worthy charities and Gary L. Calhoun Page 2 organizations; worldng closely with other agencies such�as Coachella Valley Association of Governments (CVAG), Coachella Valley Economic Partnership (CVEP), Patin Springs Desert Resort Convention and Visitors Authority (CVA), Sunlinc, Riverside Sheriffs Office, and the Riverside County Fire Department. • PROJECT MANAGER May 2000 to September 2001 Specific responsibilities as project manager. Responsible for all aspects of the construction of the infi astructure and buildings for two senior affordable housing projects totaling 187 living units including planning; coordination; budgeting; processing change orders; maintaining documentation; conducting meetings with architects, engineers, contractors and outside agencies such as Coachella Valley Water District, Cal-Trans, Edison, Imperial Irrigation District, and Army Corps of Engineers; handling the bidding process; monitoring progress of the two projects. • CODE ENFORCEMENT OFFICER October 1996 to May 2000 Specific responsibilities as code enforcement officer and emergency services coordinator: Responsible for enforcing all applicable city, state, and federal codes pertaining to health, public safety, land use, zoning, property preservation, and abatement of public nuisances; enforcing building codes and sign ordinances; Writing numerous ordinances relating to noise, animal control, coxistruction hours, and parking standards; acting as City's Emergency Services Coordinator; setting up City's Emergency Operation Center. City of Oceanside, California—Building Department • CODE ENFORCEMENT OFFICER October 1993 to October 1996 Specific responsibilities as code enforcement office: Responsible for enforcing all applicable city, state, and federal codes pertaining to zoning, land use, property preservation, public health and safety; researching codes; preparing appropriate correspondence; issuing citations; malting court appearances; making presentations to neighborhood watch and civic groups; enforcing codes related to parking enforcement; collecting monies; adjudication contested parking citations. Heavy public contact. United State Marine Corps June 1969 to May 1992 • Teclmical Services Chief Specific responsibilities as technical services chief: Responsible for supervising fifty-six people who were responsible for installing and maintaining computer hardware and software. Devised and implemented a training program resulting in a 98% readiness rating for my unit. Taught computer language courses for two years. Acted as a drug and alcohol counselor for two years. Served Disaster Control Officer for three years. Responsible for planning, staffing, and training safety persom)el. Gary L. CSrlhoun Page 3 EDUCATION: B.S. degree in Psychology from the University of Maryland with a minor in business. Master of Public Administration from California State University - San Bernardino. AWARDS: Recipient of an Exceptional Services Awards for 1997 and 2001 from the City of-indian Wells. Three Navy Achievement Medals for professional achievement in the superior performance of duties as Systems Programmer (1983), for duties as Teleprocessing Chief (1990), and for duties as the Technical Services Brunch Chief(1991). Two Commanding General's Certificates of Commendations for outstanding performance of duties while serving as the Training Officer(1984) and for duties as a Sy-terns Analyst (1988). Numerous Community Services Awards from Special Olympics and the Combined Federal Campaign. PROFESSIONAL GROUPS: Solid Waste Association of North America (SWANA) California Resource Recovery Association (CRRA) REFERENCES: Mr. Ted Dumas, General Manager Southern California Recycling 29-250 Rio Del Sol Thouszuld Palms, CA 92276 (Work) (760) 343-0499 Mr. Corrie Kates, Community Services Director City of Indian Wells 44-950 Eldorado Drive Indian Wells, CA 92210 (Work) (760) 346-2489 Mr. John Beerman, President Earthworm Environmental Services P.O. Box 695 La Quinta, Ca. 92253 (Work) (760) 275-1306 060012