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HomeMy WebLinkAbout1/9/2008 - STAFF REPORTS - 2.L. {O pALM SAS iy c CITY COUNCIL STAFF REPORT DATE: January 9, 2008 Consent Calendar 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 A5336 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. -,4 ITEM NO. &' 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 farmed 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 M David H. Ready A tart Cit 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 made and entered into this 91h 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 GO)f Course Management Services" ("First Amendment"), which extended the tern of the Agreement for an additional period of time. 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 Seoue of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide waste management consulting and other technical 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 Q0'GOG3 of performance 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 tenns contained in the Scope of Services/Work and the terns set forth in the main body o f this Agreement, the terns 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" raid incorporated herein by this reference, but not exceeding Twenty Four Thousand Dollars ($24,000) ("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, 2005, 3. Except as expressly provided herein, all other terms and conditions of the Agreement shall rernain 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 Clerk APPROVED AS TO FORM: Everg-een Recycling Solutions City Attorney Name: Title: EXHIBIT "A" Scope of Services Consultant agrees to provide general coordinative and administralive 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 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. 0000G1q 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; 2 000097 • 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 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 GOGO0x