HomeMy WebLinkAboutE-10 Staff Report - CalRecycle Payment Programs KJServices Environmental ConsultingCONSENT ITEM
E-10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: DON PENMAN, INTERIM CITY MANAGER
FROM: LOUIE F. LACASELLA, SENIOR MANAGEMENT ANALYST
DATE: DECEMBER 18, 2017
SUBJECT: REQUEST TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
KJSERVICES ENVIRONMENTAL CONSULTING FOR CALIFORNIA
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY PAYMENT
PROGRAMS
SUMMARY:
The City currently participates in two payment programs that are funded by the California Department
of Resources Recycling and Recovery (CalRecycle). Both programs, the Used Oil Payment Program
(OPP) and Beverage Container Recycling City/County Payment Program, contribute to the City’s efforts
to promote a more sustainable community and environmental stewardship.
The City has utilized a consultant to assist Staff in managing and administering the OPP since 2001.
Staff has found a need for a consultant to assist with the Beverage Container Recycling City/County
Payment Program as well. The City has not released a Request for Proposals (RFP) for the management
of the OPP since 2006 and the current consultant’s contract expired this year. Due to the contract
expiring and the need for a consultant to manage both payment programs, the City Council authorized
Staff to release a RFP. Upon the conclusion of the RFP process, Staff has identified that KJServices
Environmental Consulting has the qualifications required to perform the desired services. The proposed
action approves a Professional Services Agreement with KJServices Environmental Consulting for
CalRecycle Payment Programs.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Approve a Professional Services Agreement with KJServices Environmental Consulting for
CalRecycle Payment Programs in an amount not to exceed $20,000, per a fiscal year; and
2)Authorize the Interim City Manager to execute the agreement, in a form acceptable to the City
Attorney, on behalf of the City.
APPROVED
CITY COUNCIL
12/18/2017
Approve Professional Services Agreement with KJServices Environmental Consulting
December 18, 2017
Page 2
DISCUSSION:
The City currently participates in two payment programs that are funded by the California Department
of Resources Recycling and Recovery (CalRecycle). Both programs, the Used Oil Payment Program
(OPP) and Beverage Container Recycling City/County Payment Program, contribute to the City’s efforts
to promote a more sustainable community and environmental stewardship.
Sustainable Environmental Management Co. (SEMCO) d.b.a. Huls Environmental Management, LLC
has provided the City assistance with managing OPP since 2001. The City released a Request for
Proposal (RFP) in 2006 and the contract for the services was again awarded to Huls Environmental.
Due to the amount of the payment programs, the City Council in November 2014 waived the issuance of
an RFP and awarded a three-year professional services agreement with Huls Environmental. The latest
contract with Huls Evironmental expired this year. The City has not released a RFP for the management
of the OPP since 2006. Due to contract expiring and the need for a consultant to manage both Payment
program, the City Council authorized Staff to release a RFP.
The City's main objective in selecting a qualified consultant is to ensure the proper administration and
management of the payment programs to accomplish CalRecycle’s waste management and recycling
goals.
Upon the conclusion of the RFP process, Staff has identified that KJServices Environmental Consulting
(the only proposal received by the City) has the qualifications required to perform the desired services.
Founded in 1997, KJServices is a full service recycling consulting firm, specializing in recycling
program design and implementation, community education and outreach, and State compliance and
reporting issues, meeting the needs of city, county and private industry clients. KJServices provides
comprehensive, real world solutions to the recycling and environmental challenges faced by both public
and private organizations.
KJServices has provided its services to many different clients, facing a number of different recycling
and environmental issues, including: City of Bellflower, City of Downey, City of Cerritos, City of
Gardena, City of Inglewood, City of Irwindale, City of Norwalk, City of San Dimas, City of Vernon,
City of Torrance, City of San Marino and City of La Mirada.
The proposed agreement with KJServices is for three (3) years with two (2), one (1) year optional
extensions.
FISCAL IMPACT:
There is no general fund impact associated with the recommended actions. The City receives an
estimated annually amount of $13,773 through the OPP and $12,626 through the Beverage Container
City/County Payment Program. CalRecycle payment funds will be used to pay the professional services
agreement.
Approve Professional Services Agreement with KJServices Environmental Consulting
December 18, 2017
Page 3
Prepared by: Reviewed and Approved:
Louie F. Lacasella Don Penman
Senior Management Analyst Interim City Manager
Attachment:
1) Professional Services Agreement with KJServices Environmental Consulting
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 18 day of December, 2017 by and between
the City of Azusa, a municipal corporation organized under the laws of the State of California
with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702
(“City”) and KJServices Environmental Consulting, California Corporation with its principal
place of business at 12025 Florence Ave., Suite 201, Santa Fe Springs, CA 90670
(“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and
collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing CalRecycle Payment
Programs services.
2.2 Project.
City desires to engage Consultant to render professional CalRecycle Payment Programs
services (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional CalRecycle Payment Programs servies
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for three (3) years and shall
become effective as of December 18, 2017, this agreement shall include two (2) one-year
optional extensions, unless earlier terminated as provided herein. A performance evaluation may
be conducted within the first year. Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and performance deadlines. The
Parties may, by mutual written consent, extend the term of this Agreement if necessary to
complete the Services.
ATTACHMENT 1
KJSERVICES ENVIRONMENTAL CONSULTING
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Kevin Sales.
3.2.5 City’s Representative. The City hereby designates City Manager, or his or
her designee (Louie F. Lacasella, Senior Management Analyst), to act as its representative for
the performance of this Agreement (“City’s Representative”). City’s Representative shall have
the power to act on behalf of the City for all purposes under this Contract. Consultant shall not
accept direction or orders from any person other than the City’s Representative or his or her
designee.
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3.2.6 Consultant’s Representative. Consultant hereby designates Kevin Sales,
or his/her designee, to act as its representative for the performance of this Agreement
(“Consultant’s Representative”). Consultant’s Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant’s Representative shall supervise and direct the Services, using his/her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately
agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant
agrees that if the Services are not completed within the aforementioned Performance Time
and/or pursuant to any such Project Milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
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giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Consultant. Consultant also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Consultant shall
avoid any violation of any such law during the term of this Agreement by par ticipating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Consultant shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Consultant’s compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants,
sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
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3.2.10.5 Equal Opportunity Employment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must
fully comply with all applicable laws, rules and regulations in furnishing or using equipment
and/or providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or
California Air Resources Board (CARB). Although the SCAQMD and CARB limits and
requirements are more broad, Consultant shall specifically be aware of their application to
"portable equipment", which definition is considered by SCAQMD and CARB to include any
item of equipment with a fuel-powered engine. Consultant shall indemnify City against any
fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Consultant, its
subconsultants, or others for whom Consultant is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Consultant’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
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(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Consultant further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Consultant with a list of training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit
shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of 1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
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(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be promptly reimbursed by Consultant or the City may withhold amounts
sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or
terminate this Agreement.
3.2.11.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability. Defense costs shall be paid in addition to limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of Azusa, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its directors, officials, officers, employees, agents
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City’s own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall
not be called upon to contribute with it in any way. Notwithstanding the minimum limits set
forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as additional
insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
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ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant’s insurance and shall not be called upon to contribute with it in any
way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be available to
the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials,
officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, its officials, officers, employees, agents, and volunteers, or any other
additional insureds, and shall require similar written express waivers and insurance clauses from
each of its subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
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3.2.11.7 Subconsultant Insurance Requirements. Consultant shall
not allow any subconsultants to commence work on any subcontract relating to the work under
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Consultant, the City may approve
different scopes or minimum limits of insurance for particular subconsultants. The Consultant
and the City shall be named as additional insureds on all subconsultants’ policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
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3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant’s
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
KJSERVICES ENVIRONMENTAL CONSULTING
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Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and
remain the property of City, and shall not be used in whole or in substantial part by Consultant
on other projects without the City's express written permission. W ithin thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement,
Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction
and to establish where the reproduction will be accomplished. The reproduction expense shall be
borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of
compensation to which the Consultant is entitled under the termination provisions of this
Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the
Project, and shall make copies available to City upon the payment of actual reasonable
duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant by the
City.
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3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another
project, provided that any such use not within the purposes intended by this Agreement or on a
project other than this Project without employing the services of Consultant shall be at City’s
sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it
shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
copyright, trade secret, trade name, trademark, or any other proprietary right of any person or
entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any
person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
KJServices Environmental Consulting
12025 Florence Ave., Suite 201
Santa Fe Springs, CA 90670
Attn: Kevin Sales
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City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Louie F. Lacasella, City Manager’s Office
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorneys fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims,
actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or
instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, volunteers and agents as party of any such
claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any
settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbursement shall include
payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall
reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles Cou nty.
In addition to any and all contract requirements pertaining to notices of and requests for
KJSERVICES ENVIRONMENTAL CONSULTING
Page 14 of 17
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
KJSERVICES ENVIRONMENTAL CONSULTING
Page 15 of 17
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
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CITY OF AZUSA KJSERVICES ENVIRONMENTAL CONSULTING
By: By:
Don Penman, Interim City Manager Kevin Sales
Date: _________________________ Date: _________________________
Attest:
_______________________________
City Clerk
Date: __________________________
Approved as to Form:
Best Best & Krieger LLP
City Attorney
Date: _________________________
KJSERVICES ENVIRONMENTAL CONSULTING
Page 1 of 17
D-1
EXHIBIT “A”
SCOPE OF SERVICES
USED OIL PAYMENT PROGRAM (OPP) SCOPE OF WORK
TASK #1 –USED OIL COLLECTION CENTERS
KJServices staff will maintain the Certified Used Oil Collection Center (CCC) network
by completing the followings tasks:
KJS staff will verify the continuing participation of the existing Azusa businesses
registered as Certified Used Oil Collection Centers (CCCs). This verification will
include on-site visits to each Center to check on their participation and adherence
to all the Used Oil program regulations (signs posted, accepting oil from the
public, offering the $.40 per gallon rebate, etc).
KJS staff will conduct one (1) CCC site visit per year. The site visit will be
conducted towards the end of the fiscal year, during which KJS staff will
complete the CalRecycle-required Site Visit Report for inclusion with the City’s
annual report. Throughout the fiscal year, KJS staff will maintain contact with
CCCs via phone and email, periodically distributing used oil recycling containers,
answering any program-related questions and/or issues, and gathering statistical
information about the number of customers bringing in used oil and filters. At the
annual site visit KJServices staff will also distributed used oil recycling
containers, as requested, to the participating CCCs.
Staff will maintain an accurate listing of the City’s used oil collection centers in
the nation-wide Earth911 (1-800-CLEAN-UP and www.Earth911.com)
environmental database. The Earth911 database will allow Azusa residents to
quickly and easily find their nearest used oil collection center. The Earth911 toll-
free phone number, 1-800-CLEAN-UP, will appear on all program advertising
and educational and promotional materials.
COST - $800
KJServices staff – 10 hrs @ $80/hr - $800
TASK #2 –COMMUNITY FILTER EXCHANGE EVENTS
KJServices proposes to expand upon the City’s used oil container distribution program to
include one (1) Used Oil Collection and Filter Exchange event at a Certified Used Oil
Collection Center (CCC) in the City. Filter exchanges increase residents’ awareness of
filter recycling, allow opportunity for residents to engage in-person with City
representatives on recycling topics, and provide increased foot traffic to the host Retailer.
KJServices will coordinate and staff one (1) filter exchanges at one of the following
CCCs:
AutoZone #6293, 736 E. Alosta Ave.
O’Reilly Auto Parts #3821, 345 N. Citrus Ave.
KJS proposes to schedule the filter exchange in late summer or fall, either August or
November. These dates would allow KJS staff to promote the filter exchanges at
community events (see Task #3), and coordinate ahead of time with the City’s Recreation
Department and Public Information Officer to advertise the events in City activity guides,
community calendars and other newsletters.
KJS staff will coordinate with the City to place English/Spanish filter exchange flyers in
City newsletters, the Living Green Calendar, online events calendar, and City social
media outlets. In addition, KJS will create an EventBrite page for the filter exchange and
promote this link on KJS social media sites (Facebook, Twitter, Instagram). KJS staff
will create a boosted Facebook post for each filter exchange which is targeted to City zip
codes only, and filtered by relevant demographics, to run the week before each filter
exchange. KJS staff will contact relevant Azusa community groups (Rotary, Lions Club,
Chamber of Commerce, Neighborhood groups, etc.) with the flyer and press release via
email, phone, and social media. KJS staff will also add the filter exchange to free, online
community calendars and submit the press release to relevant local publications. KJS
staff will coordinate with City departments to deliver hard copies of the filter exchange
flyer to community centers, libraries, senior center, parks, etc.
The filter exchange will take place on Saturday, from 9am—1pm. Residents who bring in
an old oil filter to recycle will receive a voucher for a free, new filter to exchange in-store
that day. Residents are limited to maximum two new filters when they bring in two or
more. The maximum price per filter is $12. Residents who bring in filters or oil to recycle
will be eligible to receive a free oil change kit, composed of a 6-quart oil drain pan, shop
towel, funnel, and any additional items approved for purchase by the City, including
Karbord Big Creepers, filter bags, rubber filter grips, etc.
KJServices staff will coordinate the events with the AutoZone or O’Reilly Auto P arts,
making sure to get corporate and property management approval, along with City
approval. KJS staff will submit all promotional materials, flyers, press releases, posters
etc. to the City and CalRecycle grant manager for review and approval before production.
KJS staff will hand-deliver flyers and posters to the Retailer two weeks ahead of the filter
exchange to distribute to customers and promote the event.
KJServices will create a voucher coupon, customized for the date and location, to use on
the day of the event. KJS staff will set up the event booth with appropriate signage and
educational materials to give to all participants. Staff will work with the host business to
assure that foot traffic in and out of the store is not hindered.
At the end of the event, KJServices staff will take down the booth, tally the amount of
visitors and how many filters were brought in for exchange, and make sure the area is
devoid of any oil spills or litter. KJServices will provide a short survey for City resid ents
to fill out with questions on how they heard about the filter exchange, their used oil
recycling habits, and suggestions for future programs/events. KJS staff will provide the
City with a summary report of the event.
COST - $2,100
KJServices staff – 15 hrs @ $80/hr = $1,200
Ad and flyer development and editing, online promotion and flyers at each site – $500
Filter purchase from Retailer – $400
TASK #3 –PROMOTION OF THE USED OIL PROGRAM AT CITY EVENTS
Experience has shown that one of the most effective ways to communicate the used oil
recycling message is through face-to-face contact with the community. Specially, it is
important to amplify the used oil & filter recycling outside of the City’s Certified Used
Oil Collection Centers to reach the widest possible demographic of residents.
KJS will staff a Used Oil Recycling booth at relevant City events throughout the year, as
assigned by City staff and subject to the available task budget. KJS staff will work with
the City to create a calendar of relevant community events and a schedule for outreach
opportunities.
KJServices will coordinate with City representatives from Administration, Public Works,
and Recreation departments to identify community events for which the Used Oil
Recycling program would be a good fit. At events where appropriate, KJS staff will
provide outreach materials for the Used Oil Recycling and Beverage Container Recycling
program at the same booth.
At these events, KJServices staff will promote the City’s filter exchange event,
tentatively scheduled for August or November. Community outreach events will provide
a key in-person opportunity to describe the filter exchange events to residents in person
and answer any questions residents may have.
KJS staff will distribute Used Oil Recycling educational materials including a list of
Certified Used Oil Collection Centers in the City, and L.A. County resources on
Household Hazardous Waste (HHW) and storm water pollution prevention. In addition,
the Used Oil Recycling booth at these events may distribute used oil recycling kits and
promotional items.
KJServices staff will distribute an automotive related promotional item(s) and brochures
and other outreach materials as provided by the City.
The City will provide KJServices with the event(s) information as far in advance as
possible to ensure that staff is available on the selected date.
COST - $1,200
KJServices staff – 15hrs @ $80/hr - $1,200
Task #4 – HIGH SCHOOL AUTO SHOP OUTREACH
One of the most receptive demographics to recycling messages is young people. It is
especially imperative to target teenagers with a used oil recycling message as they begin
to drive their own cars and learn about the importance of auto maintenance. KJServices
has developed an outreach presentation for high school auto shop classes, which has been
successful in many other cities. Azusa High School has an Automotive Technology
department, making it the perfect place to expand the City’s current used oil recycling
program and reach a younger demographic of Do-It-Yourselfers.
KJServices will conduct a 30-minute used oil & filter recycling presentation to be given
to Automotive Technology students at Azusa High School. KJS staff will coordinate
these presentations with the District and each individual class.
KJServices staff will design a classroom presentation that concentrates on the following
used oil recycling topics:
The amount of used motor oil generated in the Southern California area by Do-It -
Yourselfers and home mechanics.
The impact that improper disposal has on the City of Azusa.
Local resources for the proper collection and recycling of used motor oil & filters.
Re-refined oil and other products manufactured from used motor oil.
Safe auto repair and the proper collection and disposal of automotive fluids and other
Household Hazardous Wastes (HHWs).
Each classroom presentation will be given in English. If necessary, as determined by the
school and the classroom teacher and with the approval of the City, classroom
presentations can be given in Spanish.
COST - $1,200
KJServices staff – 15 hrs @ $80/hr = $1,200
(Presentations for up to 6 high school auto shop classes plus presentation preparation)
TASK #5 – PROGRAM ADMINISTRATION
This task will include those activities needed to administer the grant on behalf of the City.
Activities will include preparation of reimbursement requests to the State, assisting the
Certified Centers with administrative compliance issues, and preparation of required
status reports as well as the end-of-grant final report. KJS staff will prepare quarterly
status reports for City staff to keep them apprised of the progress of the grant tasks.
COST - $1,600
KJServices staff – 20 hrs @ $80/hr - $1,600
BEVERAGE CONTAINER RECYCLING CITY/COUNTY GRANT
SCOPE OF WORK
TASK #1 –PROMOTION OF THE BEVERAGE CONTAINER RECYCLING PROGRAM AT CITY
EVENTS
In conjunction with the community outreach efforts in the Used Oil Recycling Program,
KJServices proposes to provide Beverage Container Recycling Program information at
information booths at relevant community events, as assigned by City staff.
KJServices will coordinate with City representatives from Administration, Public Works,
and Recreation departments to identify community events for which the Beverage
Container Recycling Program would be a good fit. At events where appropriate, KJS staff
will provide outreach materials for the Used Oil Recycling and Beverage Container
Recycling program at the same booth.
KJS staff will distribute Beverage Container Recycling Program information, including a
list of all the Bottle & Can Buy-Back Centers in the City. KJS staff will provide recycling
games for kids to engage with the City’s bottle & can recycling program. Games include
a sorting game with easily identifiable pieces (shampoo bottle, glass Coke bottle, plastic
water bottle, etc) that kids sort into the correct container based on material, which is
geared towards younger kids. KJS staff also has a sorting game geared towards older kids
called “Trashketball,” in which kids sort recyclable materials into recycling containers
(blue, green, and black), by shooting against a backboard like basketball.
COST - $400
KJServices staff – 5hrs @ $80/hr - $400
TASK #2 – ELEMENTARY SCHOOL COMMUNITY RECYCLING AWARENESS ARTWORK
CONTEST
KJServices has experience conducting artwork contests for elementary school students in
several Southern California cities. Based on our outreach experience, elementary school-
aged children are very receptive to recycling messages and the bottl e and can-themed
artwork we receive is surprising in creative and inspiring ways every year.
KJServices staff will work with the local Azusa Unified School District elementary
schools and students to coordinate and conduct a Community Recycling Awareness
Artwork Contest. The contest will invite 5th graders at all ten (10) AUSD elementary
schools to create a recycling theme artwork that will be used to promote the City’s
Beverage Container Recycling Program at City events and displayed in public locations
throughout the City.
KJServices will prepare a 20 to 30 minute recycling presentation that will be given to 5 th
grade classes at participating schools throughout the Azusa Unified School District. KJS
staff will coordinate these presentations with the District and each individual school site.
Using the breadth of experience gained in presenting similar programs at elementary
schools throughout Los Angeles County, KJServices staff will design a classroom
presentation that concentrates on the following recycling topics:
The amount of litter generated in the Southern California area and its dangers to our
environment.
The impact that improper disposal has on the City of Azusa and the Southern
California area. Additional focus will be paid to the impact o f this type of pollution
on storm drains in light of the on-going storm drain requirements facing cities.
Local resources for the proper collection and recycling of beverage containers.
Recycled content products manufactured from recycled aluminum, plastic and glass.
Personal responsibility and the difference one person’s actions can make to benefit or
harm the environment.
The presentations will incorporate video, slides, and computer graphics, as appropriate.
Resource materials will be collected from CalRecycle, and the City of Azusa’s existing
recycling program: the City’s Buy-Back Centers for CRV materials, and the recycling
containers on school campuses provided by Athens Services. Since the City’s elementary
school students are already familiar with the benefits of bottle and can recycling on-
campus, the artwork provides an opportunity for students to represent their fundraising
efforts creatively.
Each presentation will include educational materials to be distributed to each student. The
City and the School District will approve all presentation materials, as well as the
presentation outline, before any classroom presentations are given. All presentation
materials will be approved by the CalRecycle grant manager before presentations are
given. Each classroom presentation will be given in English.
Each classroom teacher will be given entry forms for each student along with a flyer
describing the contest’s requirements, rules, and deadlines.
KJServices staff will provide oversight and coordination for the Community Recycling
Awareness Artwork Contest. This task includes the following sub-tasks:
Provide artwork contest entry forms to each of the 5th grade classrooms at all the
participating schools.
Develop and communicate the requirements, rules, and deadlines to the teacher of
each participating 5th grade classroom and to the principal (or their designee) of each
participating school.
Coordinate with each school to collect each student’s contest artwork.
Secure each student artwork entry and coordinate their judging with City staff.
Select and notify each contest winner, their teacher, and school principal or designee.
KJS staff will provide all the manpower and coordination necessary to ensure that the
Community Recycling Awareness Artwork Contest runs smoothly. This includes
ensuring that every student that wishes to enter has all the information necessary to do so,
that each 5th grade classroom teacher is aware of the program and is encouraged to have
their students participate, and that each school site is made aware and is kept aware of the
contest and its progress.
OPTION #1—TOP FIVE SCHOOLS: COST - $1,725
KJServices staff – 20 hours @ $80/hr = $1,600
Artwork contest flyers (500) - $125
OPTION #2—PRESENTATIONS AT ALL AUSD ELEMENTARY SCHOOLS: COST - $2,650
KJServices staff – Not to exceed 30 hours @ $80/hr = $2,400
Artwork contest flyers (1,000) – $250
TASK #3 – PROGRAM IMPLEMENTATION, MANAGEMENT, AND REPORTING
The City will use a small portion of the grant funds to hire a consultant to oversee and
coordinate the activities of the grant. KJServices staff will coordinate all the previously
mentioned tasks and will be responsible for preparing the necessary grant Progress
Reports, Budget Reimbursement Requests, and Program Evaluation Report.
KJS staff will coordinate with City staff and Athens Services to monitor the status of
recycling roll-off bins at Azusa Unified schools across the City. KJS staff will conduct
two (2) site visits to these roll-off bins per year, coordinate with Athens on maintenance,
and prepare status reports for the City.
Cost - $1,200
KJServices staff – 15 hrs @ $80/hr = $1,200
KJSERVICES ENVIRONMENTAL CONSULTING
Page 2 of 17
D-2
EXHIBIT “B”
SCHEDULE OF SERVICES
KJSERVICES ENVIRONMENTAL CONSULTING
Page 3 of 17
D-3
EXHIBIT “C”
COMPENSATION
USED OIL PAYMENT PROGRAM SUMMARY BY TASK
KJSERVICES STAFF HOURS
TASK #1 –USED OIL COLLECTION CENTERS $800
TASK #2 –COMMUNITY FILTER EXCHANGE EVENTS $1,200
TASK #3 –PROMOTION OF THE USED OIL PROGRAM AT CITY EVENTS $1,200
Task #4 – HIGH SCHOOL AUTO SHOP OUTREACH $1,200
TASK #5 – PROGRAM ADMINISTRATION $1,600
KJSERVICES HOURLY COST $6,000
MATERIALS, SUPPLIES AND PROMOTION (ACTUAL COST ONLY) $6,000
TOTAL PROGRAM COST $12,000
BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT
PROGRAM SUMMARY BY TASK
KJSERVICES STAFF HOURS
TASK #1 -- PROMOTION OF THE BEVERAGE CONTAINER $400
RECYCLING PROGRAM AT CITY EVENTS
TASK #2 -- ELEMENTARY SCHOOL COMMUNITY RECYCLING $1,600 - $2,400
AWARENESS ARTWORK CONTEST
Task #3 --PROGRAM IMPLEMENTATION, MANAGEMENT, AND REPORTING $1,200
KJSERVICES HOURLY COST $3,200 - $4,000
MATERIALS, SUPPLIES & PROMOTION(ACTUAL COST ONLY) $4,000
TOTAL PROGRAM EXPENSE $7,200 -- $8,000