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HomeMy WebLinkAboutAgenda Packet - November 24, 2014 -CC 4- Ft?citk AZUSIV NOTICE AND CALL OF A SPECIAL MEETING AND AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF AZUSA TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA: NOTICE IS HEREBY GIVEN that a Special/Adjourned Meeting of the City Council is hereby called to be held MONDAY, NOVEMBER 24, 2014, immediately following the Regular Utility Board Meeting which begins at 6:30 p.m. at the Azusa Light and Water Conference Room located at 729 N. Azusa Avenue, Azusa, California. Said Special/Adjourned Meeting shall be for discussing, hearing and taking action on the items listed below: AGENDA A. PRELIMINARY BUSINESS • Call to Order • Roll Call B. PUBLIC COMMENT—Limited to items listed on this Special Meeting Notice. Each person or representative of a group shall be allowed to speak without interruption for up to five (5) continuous minutes, subject to compliance with applicable meeting rules, on items listed on this agenda only. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. C. SCHEDULED ITEMS 1. APPROVAL OF $4 MILLION LOAN FROM THE WATER FUND TO THE GENERAL FUND AND BUDGET AMENDMENT FOR FUND TRANSFER TO THE LIABILITY FUND. RECOMMENDED ACTION: Adopt two Resolutions No. 14-C81 approving an agreement with the Water Fund to loan funds of $4 million to the General Fund to resolve its cash reserve deficit, and No. 14-C82 approving the budget amendment of $700,000 to transfer funds from the General Fund to the Liability (Risk Management) Fund; and authorize execution of the necessary documents by the Interim City Manager. 11/24/2014 1 • D. ADJOURNED CLOSED SESSION (This item was declared adjourned at the Regular Meeting of November 17, 2014) 1. PUBLIC EMPLOYEE APPOINTMENT Pursuant to California Government Code. Section 54957. Title: City Manager E. ADJOURNMENT 1. Adjourn In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 11/24/2014 2 APPROVED Date " \i410— D-5 lir AZ USA rur* .uarr► CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW,DIRECTOR OF UTILITIES DATE: NOVEMBER 24, 2014 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH SUSTAINABLE ENVIRONMENTAL MANAGEMENT COMPANY (SEMCO) D.B.A. HULS ENVIRONMENTAL MANAGEMENT, LLC FOR ADMINISTRATION OF OIL PAYMENT PROGRAM RECOMMENDATION It is recommended that the Utility Board waive formal Request for Qualifications (RFQ) and award a three-year professional services agreement to Sustainable Environmental Management Company (SEMCO) d.b.a. Huls Environmental Management, LLC for the administration of used oil recycling payment program in amount of$19,140. BACKGROUND The City of Azusa maintains a year-round used oil recycling program which is funded by a used oil recycling block grant from the California Department of Resources Recycling and Recovery (CalRecycle). The program being operated in Azusa consists of the City supplying used oil drain pans to participating used oil collection centers, which currently includes Dick's Auto Supply, Valero's Gas Station, Jiffy Lube, O'Reilly Auto Parts, and Y Tires, and advertising to promote drop off of used oil at these centers. Huls Environmental Management, LLC has provided assistance in administering the used oil block grant since February 2001. Its contract expired on August 16, 2014. Huls has been promoting used oil recycling at five collection centers in Azusa mainly by supplying them with used oil drain pans purchased by the City under this program. The centers provide the drain pans free to residents to promote recycling of motor oil. Huls tracks the number of drain pans given away each month and orders more drain pans when the centers' inventories run low. Huls also tracks the gallons of oil and used filters dropped off at the centers each month, and develops components of the report that must be submitted to CalRecycle on an annual basis. UB-20 SEMCO PSA November 24,2014 Page 2 Staff considers Huls Environmental services unique and sole provider. There are very few consultants that offer this type of service and since the City only receives a small grant from the State to afford the services of larger companies, staff recommends waiving formal Request for Qualifications and awarding a three-year agreement to Huls Environmental, with two optional one-year extensions, due to its proven services provided in the past and guaranteed no increase in the contract amount for the next three years. Huls contract from August 2011-2014 was$19,140. Of this amount, $14,932 was billed for the last three years or $4,977.50 per fiscal year, 22% lower than the annual billing limit under the contract. FISCAL IMPACT The City receives about $13,000 oil payment funding annually from CalRecycle and these funds will be used to pay for Huls Environmental services and other related program activities. Prepared by: Liza Cawte, Sr. Administrative Technician Reviewed by: Talika M. Johnson, Utilities Administrative and Financial Services Manager Attachments: SEMCO Proposal and Professional Services Agreement UB-21 • Sustainable Environmental Management Co. SEMCO November 13, 2014 Talika M. Johnson Utilities Administrative and Financial Services Manager Azusa Light&Water 729 North Azusa Avenue Azusa, CA 91702 SUBJECT: CONSULTING SERVICES PROPOSAL— USED MOTOR OIL RECYCLING PROGRAM, NOV 2014 TO NOV 2017 Dear Ms. Johnson, Huls Environmental Management, LLC (d.b.a. Sustainable Environmental Management Co.) is pleased to present this technical and cost proposal to the City of Azusa (City)for consideration. SEMCO is currently under contract to manage and implement the City's used motor oil recycling program. Our existing contract will expire upon budget depletion. As detailed in this letter, SEMCO proposes to continue administration of the City's used motor oil recycling program for the next three years, ending November 2017. Provided below is a summary of our proposed tasks, as well as our proposed budget. Our intent is to create a well rounded recycling program that seeks to target every sector of the Azusa community. As always, all grant programming will be implemented in accordance with CalRecycle guidelines. PROPOSED TASKS > To be accomplished annually. I. Education&Public Awareness • Advertisements — City publications are highly effective in getting program specific information to residents. For this reason, SEMCO will arrange for the publication of at least one article per year in the Azusa Tomorrow Newsletter. The information will promote proper disposal of used motor oil as well as the container distribution program. We will develop the article and submit it to the City for review and approval, before publication. To saturate the community with additional public education, advertisements will also be placed in one or more community newspapers, such as the Azusa Highlander, the Azusa Beacon, and the San Gabriel Valley Examiner. • Distribution of Public Education Materials — In the past, the City's certified collection centers have functioned as distribution points for giveaways and literature. This targeted approach will allow the City to provide used oil recycling information directly to do-it- yourselfers in the community. SEMCO proposes to utilize the collection centers as distribution points at least once each year. Items to be distributed by the centers may include shop towels, funnels, filter wrenches, fact sheets, and LA County HHW Roundup flyers. Items already in inventory will be distributed. Additional items may be selected and purchased in collaboration with the City and with collection center staff. Only items pre- approved by CalRecycle will be considered. SEMCO will prepare and deliver the items to 626 i 332 7514 p c,. box 4519 62b i 496 2806 corrna.ca 91723 .,:a sustainable-env.com UB-22 the collection centers along with distribution instructions. If desired by the City, the library, recreation center and city hall may also serve as distribution points. • Mailer—As an effective way of delivering the used oil message to every residence in the City, SEMCO proposes the production of an annual mailer. This can be a stand alone mailer, an insert in the water/electric bill, or an insert in the residential trash bill. The mailer will provide information on the certified collection centers, the container distribution program, and proper disposal of hazardous waste. The mailer will be bilingual, and will be printed on recycled paper. All associated costs will be borne by the used oil grant. • Partnership with Auto Shop Classes — Any high school auto shop class is comprised entirely of young do-it-yourselfers with a distinct interest in auto mechanics. Students enrolled in such classes perform routine auto maintenance in class and likely at home. SEMCO proposes to capture this target audience by working directly with any auto shop classes that may exist in the City. We will first contact the local public high school to see if such classes exist. Second, we will work together with the instructor(s) to arrange classroom presentations, or the distribution of CalRecycle curriculum, drain containers, shop towels, funnels,fact sheets, etc. • Transit Shelter Ads—SEMCO proposes the production and display of advertisements in select bus shelters throughout the City. This will give the used oil program high visibility among public transit passengers and motorists. We can either utilize artwork available through CalRecycle, or create customized posters. SEMCO will develop the posters according to the required specifications, and obtain City approval. Clear Channel Outdoor Inc. (the firm responsible for managing the City's bus shelters) will handle printing and installation of the posters. This can be done once per year, for a specified number of weeks. II. Collection Centers • Container Distribution — SEMCO assisted the City in initiating a container distribution program in 2001. Since then, each of the City's collection centers distributes drain containers to residents in need on an ongoing basis. We will continue to contact all five centers monthly and record the number of containers distributed, the amount of oil collected, and the number of filters collected. The container manufacturer, GEO Plastics, will store the City's supply of containers in their local facility. We will coordinate the shipment of additional containers to the individual centers as their supply is depleted. • Site Visits - SEMCO will perform the annual certified center site visits as required by CalRecycle. A site visit checklist will be completed and filed for each center. Additionally, technical assistance with re-certification, reimbursement claims, after hour drop-off, signage, etc. will be provided to the centers as needed. III. Curbside Collection • Curbside Collection Day —To provide residents with an additional option for the proper disposal of used motor oil and filters, SEMCO has recently explored the idea of a curbside collection day. On a designated day, likely in the early summer, residents would be permitted to leave used motor oil, used filters, and other auto related waste on their door step for pickup. The pickups would be performed by At Your Door Special Collection, a certified hazardous waste handler. The intent is to create a convenient option for the proper disposal of select items, mainly for the benefit of residents that are unable to transport hazardous materials to a drop-off location. The curbside program Page 2 UB-23 will be available to all residents, however it is intended for members of the community that do not have convenient access to a vehicle, or cannot safely transport their own materials to a collection center/hazardous waste roundup. If desired by the City, household batteries and sharps can also be picked up by At Your Door on the designated curbside collection day, however the used oil grant would not fund the associated cost. The used oil grant will fund $82 per participating household (equal to 91% of the cost), and any remaining costs would be borne by another City budget. A curbside collection day can be held annually, and advertised well in advance city-wide. IV. Grant Management and Reporting • Quarterly Progress Reports—SEMCO will prepare and submit quarterly progress reports to the City. The progress reports will provide a summary of tasks accomplished during the quarter, as well as a record of drain containers distributed, and oil and filter collection per center. • Annual Grant Report — SEMCO will complete the City's annual report package for submittal to CalRecycle by its annual due date of August 15. PROPOSED BUDGET >Annual. Our annual consultant cost to perform the tasks described is presented below. Our cost remains the same as in our existing contract. Our not-to-exceed cost is$6,380 per year. I. Education & Public Awareness 24 hours @ $110/hour $2,640 II. Collection Centers 15 hours @$110/hour $1,650 III. Curbside Collection 8 hours @ $110/hour $ 880 IV. Grant Management and Reporting 11 hours A $110/hour $1,210 Total, Per Year $6,380 Please note that any project costs, including advertisements and the cost of giveaways, is in addition to our consultant cost, and is to be paid directly to the respective vendors. We hope that this proposal meets with your approval, and we look forward to a continued relationship with the City of Azusa. If you have any questions regarding this proposal, or if you require additional information, please feel free to contact me at 626-332-7514. Sincerely, Sandy Costandi Managing Director Sustainable Environmental Management Co. Page 3 UB-24 • CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 24th day of November, 2014 by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Blvd., Azusa, CA 91702 ("City") and Sustainable Environmental Management Company d.b.a. Huls Environmental Management, LLC, a California Corporation, with its principal place of business at 1074 Parkview Drive #105, Covina, California 91724 ("Consultant"). City and Consultant are sometimes individually referred to 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 used oil recycling services to public clients, is licensed in the State of California,and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Used Oil Block Grant project(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 consulting services necessary for the Project ("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 from the date first set forth herein to November 24. 2017 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. RVPUBWGS1544364 1 UB-25 • CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 24th day of November, 2014 by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Blvd., Azusa, CA 91702 ("City") and Sustainable Environmental Management Company d.b .a. Huls Environmental Management, LLC, a California Corporation, with its principal place of business at P.O. Box 4519, Covina, California 91723 ("Consultant"). City and Consultant are sometimes individually referred to 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 used oil recycling services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Used Oil Block Grant project (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 consulting services necessary for the Project ("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 from the date first set forth herein to November 24. 2017, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. RVPUB\NGS\544364 '� 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: Ms. Sandy Costandi, Managing Director, andAmelia Liman, Senior Associate Consultant. 3.2.5 City's Representative. The City hereby designates Talika M. Johnson, Utilities Administrative and Financial Services Manager, or her designee, to act as its representative for the performance of this Agreement (City's Representative). City's Representative shall have the power to act on RVPU BW GS\544364 2 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. 3.2.6 Consultant's Representative. Consultant hereby designates Sandy Costandi, Managing Director, or 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 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 Laws, Regulations and State Requirements. 3.2.9.1 Laws and Regulations. 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 giving written notice to the City,Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, RV PUB\NGS\544364 3 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. 3.2.9.2 Agreement between the City and the California Department of Resources Recycling and Recovery. Consultant agrees to comply with all the requirements set forth by the California Department of Resources Recycling and Recovery for administration of the California Used Oil Payment Program, including any changes in these requirements during the term of this Agreement. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work 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. 3.2.10.2 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. (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, 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. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following RVPUB\NGS\544364 4 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. 3.2.10.4 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 be endorsed to state that: (1)the City,its directors,officials,officers,employees,agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant,including materials,parts or equipment furnished in connection with such work; 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. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the 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. (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 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. 3.2.10.5 Separation of Insureds;No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such R V PUB\NGS\544364 5 insurance shall not contain any special limitations on the scope of protection afforded to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 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. 3.2.10.7 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. 3.2.10.8 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 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. 3.3 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. The total compensation shall not exceed Nineteen Thousand, One Hundred Forty Dollars ($19,140) without written approval of City's City Manager or Assistant to the Director of Utilities. Extra Work maybe authorized, as described below, and if authorized,will be compensated at the rates and manner set forth in this Agreement. RVPUB\NGS\544364 6 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 anytime 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. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. 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. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 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 Agreement except for cause. 3.5.1.2 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 RV PUB\NGS\544364 7 information within fifteen (15) days of the request. 3.5.1.3 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. 3.5.2 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: Sandy Costandi, Managing Director Sustainable Environmental Management Co. P.O. Box #4519 Covina, CA 91723-4519 City: Telephone (626) 332-7514 Talika M. Johnson, Utilities Administrative& Financial Services Manager City of Azusa-Light &Water P.O. Box 9500 Azusa, CA 91702-9500 Telephone(626) 812-5174 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. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 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). 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 provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within RVPUB\NGS\544364 8 the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications,plans, procedures, drawings, descriptions, computer program data,input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed 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. 3.5.4 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. 3.5.5 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 reason- able attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its 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, in law or equity, to property or persons,including wrongful death,in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services,the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant=s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City,its directors,officials,officers,employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors,officials,officers,employees,agents or volunteers,in any such suit, action or other legal proceeding. 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 not be restricted to insurance proceeds,if any,received by the City,its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the RVPUB\NGS\544364 9 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. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 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. 3.5.13 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. 3.5.14 Amendment; Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. RV PU BW GS\544364 1 0 3.5.17 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. 3.5.18 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. 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. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. 3.5.20 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 Worker's 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. 3.5.21 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. 3.5.22 Counterparts. This Agreement maybe signed in counterparts,each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement,except as expressly stated herein,without prior written approval of RVPUB\NGS\544364 11 City. Subcontracts,if any,shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF AZUSA SUSTAINABLE ENVIRONMENTAL MANAGEMENT, CO. By: geh^ A By: oseph Romero Rocha Sandy//ir standi Mayor Managing Director Attest: eeyenceCo 'ejo/r. City Clerk Approved as to Form: Best Beat& Krieger LLP City Attorney Sustainable Environmental Management Co. SEMCO November 13, 2014 Talika M. Johnson Utilities Administrative and Financial Services Manager Azusa Light &Water 729 North Azusa Avenue Azusa, CA 91702 SUBJECT: CONSULTING SERVICES PROPOSAL— USED MOTOR OIL RECYCLING PROGRAM, NOV 2014 TO NOV 2017 Dear Ms. Johnson, Huls Environmental Management, LLC (d.b.a. Sustainable Environmental Management Co.) is pleased to present this technical and cost proposal to the City of Azusa (City) for consideration. SEMCO is currently under contract to manage and implement the City's used motor oil recycling program. Our existing contract will expire upon budget depletion. As detailed in this letter, SEMCO proposes to continue administration of the City's used motor oil recycling program for the next three years, ending November 2017. Provided below is a summary of our proposed tasks, as well as our proposed budget. Our intent is to create a well rounded recycling program that seeks to target every sector of the Azusa community. As always, all grant programming will be implemented in accordance with CalRecycle guidelines. PROPOSED TASKS > To be accomplished annually. I. Education &Public Awareness • Advertisements — City publications are highly effective in getting program specific information to residents. For this reason, SEMCO will arrange for the publication of at least one article per year in the Azusa Tomorrow Newsletter. The information will promote proper disposal of used motor oil as well as the container distribution program. We will develop the article and submit it to the City for review and approval, before publication. To saturate the community with additional public education, advertisements will also be placed in one or more community newspapers, such as the Azusa Highlander, the Azusa Beacon, and the San Gabriel Valley Examiner. • Distribution of Public Education Materials — In the past, the City's certified collection centers have functioned as distribution points for giveaways and literature. This targeted approach will allow the City to provide used oil recycling information directly to do-it- yourselfers in the community. SEMCO proposes to utilize the collection centers as distribution points at least once each year. Items to be distributed by the centers may include shop towels, funnels, filter wrenches, fact sheets, and LA County HHW Roundup flyers. Items already in inventory will be distributed. Additional items may be selected and purchased in collaboration with the City and with collection center staff. Only items pre- approved by CalRecycle will be considered. SEMCO will prepare and deliver the items to P,IONE 626/ 332 7514 p.o. box 4519 FA/ 626/498 2806 covina.ca 91723 web. sustainable-env.com the collection centers along with distribution instructions. If desired by the City, the library, recreation center and city hall may also serve as distribution points. • Mailer—As an effective way of delivering the used oil message to every residence in the City, SEMCO proposes the production of an annual mailer. This can be a stand alone mailer, an insert in the water/electric bill, or an insert in the residential trash bill. The mailer will provide information on the certified collection centers, the container distribution program, and proper disposal of hazardous waste. The mailer will be bilingual, and will be printed on recycled paper. All associated costs will be borne by the used oil grant. • Partnership with Auto Shop Classes — Any high school auto shop class is comprised entirely of young do-it-yourselfers with a distinct interest in auto mechanics. Students enrolled in such classes perform routine auto maintenance in class and likely at home. SEMCO proposes to capture this target audience by working directly with any auto shop classes that may exist in the City. We will first contact the local public high school to see if such classes exist. Second, we will work together with the instructor(s) to arrange classroom presentations, or the distribution of CalRecycle curriculum, drain containers, shop towels, funnels,fact sheets, etc. • Transit Shelter Ads—SEMCO proposes the production and display of advertisements in select bus shelters throughout the City. This will give the used oil program high visibility among public transit passengers and motorists. We can either utilize artwork available through CalRecycle, or create customized posters. SEMCO will develop the posters according to the required specifications, and obtain City approval. Clear Channel Outdoor Inc. (the firm responsible for managing the City's bus shelters) will handle printing and installation of the posters. This can be done once per year, for a specified number of weeks. II. Collection Centers • Container Distribution — SEMCO assisted the City in initiating a container distribution program in 2001. Since then, each of the City's collection centers distributes drain containers to residents in need on an ongoing basis. We will continue to contact all five centers monthly and record the number of containers distributed, the amount of oil collected, and the number of filters collected. The container manufacturer, GEO Plastics, will store the City's supply of containers in their local facility. We will coordinate the shipment of additional containers to the individual centers as their supply is depleted. • Site Visits — SEMCO will perform the annual certified center site visits as required by CalRecycle. A site visit checklist will be completed and filed for each center. Additionally, technical assistance with re-certification, reimbursement claims, after hour drop-off, signage, etc.will be provided to the centers as needed. Ill. Curbside Collection • Curbside Collection Day — To provide residents with an additional option for the proper disposal of used motor oil and filters, SEMCO has recently explored the idea of a curbside collection day. On a designated day, likely in the early summer, residents would be permitted to leave used motor oil, used filters, and other auto related waste on their door step for pickup. The pickups would be performed by At Your Door Special Collection, a certified hazardous waste handler. The intent is to create a convenient option for the proper disposal of select items, mainly for the benefit of residents that are unable to transport hazardous materials to a drop-off location. The curbside program Page 2 will be available to all residents, however it is intended for members of the community that do not have convenient access to a vehicle, or cannot safely transport their own materials to a collection center/hazardous waste roundup. If desired by the City, household batteries and sharps can also be picked up by At Your Door on the designated curbside collection day, however the used oil grant would not fund the associated cost. The used oil grant will fund $82 per participating household (equal to 91% of the cost), and any remaining costs would be borne by another City budget. A curbside collection day can be held annually, and advertised well in advance city-wide. IV. Grant Management and Reporting • Quarterly Progress Reports—SEMCO will prepare and submit quarterly progress reports to the City. The progress reports will provide a summary of tasks accomplished during the quarter, as well as a record of drain containers distributed, and oil and filter collection per center. • Annual Grant Report — SEMCO will complete the City's annual report package for submittal to CalRecycle by its annual due date of August 15. PROPOSED BUDGET >Annual. Our annual consultant cost to perform the tasks described is presented below. Our cost remains the same as in our existing contract. Our not-to-exceed cost is$6,380 per year. I. Education& Public Awareness 24 hours @ $110/hour $2,640 II. Collection Centers 15 hours @ $110/hour $1,650 III. Curbside Collection 8 hours @ $110/hour $ 880 IV. Grant Management and Reporting 11 hours @ $110/hour $1,210 Total, Per Year $6,380 Please note that any project costs, including advertisements and the cost of giveaways, is in addition to our consultant cost, and is to be paid directly to the respective vendors. We hope that this proposal meets with your approval, and we look forward to a continued relationship with the City of Azusa. If you have any questions regarding this proposal, or if you require additional information, please feel free to contact me at 626-332-7514. Sincerely, Sandy Costandi Managing Director Sustainable Environmental Management Co. Page 3 ice•'. r8i�).. s +.3��. _ E .-- �. vim. y`'.•. .. ,� - C tis DECLARATION OF POSTING CITY COUNCIL, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND PUBLIC FINANCING AUTHORITY AGENDA declare that: I am an employee of the City of Azusa. On ///?.o/ii' I posted copies of the Agenda, as stated above for the meeting of ///24//f . , in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the and the City's Web Page www.ci.azusa.ca.us. A true, correct and complete copy of the agenda which I posted is attached hereto. I completed posting of the agendas as described in Paragraph two, at ,7 on the date of posting. Access to the agenda posted in the lobby of the Police Department and the Azusa City Library reference desk is available to members of the public during their normal business hours. The foregoing is within my personal knowledge and if called as a witness in a court of law, I could testify competently thereto. I declare under penalty of perjury that the forgoing is true and correct. EXECUTED ///?-0// , at Azusa, California. STAFF V MBER CITY CLERK'S OFFICE CITY OF AZUSA 01 • *a ..:. vt\ DECLARATION OF POSTING CITY COUNCIL, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND PUBLIC FINANCING AUTHORITY AGENDA I, 1^Y YY.1 � Z declare that: I am an employee of the City of Azusa. On L\ih\r;!f Y -( °y L d I posted copies of the Agenda, as stated above for the meeting of ttv yyi. Y 'A 4 ,2(� tA, , in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the and the City's Web Page www.ci.azusa.ca.us. A true, correct and complete copy of the agenda which I posted is attached hereto. I completed posting of the agendas as described in Paragraph two, at . C C I on the date of posting. Access to the agenda posted in the lobby of the Police Department and the Azusa City Library reference desk is available to members of the public during their normal business hours. The foregoing is within my personal knowledge and if called as a witness in a court of law, I could testify competently thereto. I declare under penalty of perjury that the forgoing is true and correct. EXECUTED I � '" 1'J- �( 'a- U 1 - V , at Azusa, California. r STAFF MEMB CITY CLERK' OFF CITY OF AZUSA I HEREBY CERTIFY that I received a copy of the attached "NOTICE OF A SPECIAL MEETING" of the Azusa City Council to be held on MONDAY, NOVEMBER 24, 2014, following the Utility Board Meeting which began at 6:30 P.M. in the Azusa Light and Water Conference Room, 729 N. Azusa Ave., Azusa. NAME DATE & TIME DELIVERED BY S. 66,cs tz ie fd+c/t ll4/til c( 3:)e) -Yvi) A - re 2 OSE R. ROCHA, MAYOR /" L_ bcf_i.,7T Si�- ROB' 'T' G i Z: S, MAYOR PRO-TEM A ,t.,G-7-L91— /12o/i — /ll 20/2tiq 37 -/,'aa s - i u-ls/I--- ANGEL CARRILLO, COUNCIL MEMBER S _ /6.-a..0-'t sT -- (-1 / L ((/2o/Le/ ( 3� _ ',)� /4_ -zu;,_/P. zUMACIAS, COUNCILMEMBER S - bee--e-t_77 s%z-- fil a/LA,( 3,'3d - I A c.. c. ,-,e EDWARD J. ALVAREZ, COUNCILMEMBER /s/JUANA HERNANDEZ ASSISTANT/DEPUTY CLERK