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Home My WebLink AboutD- 4 approve 5th Cycle Used Oil Block Grant, third Year & Consulting Agreement with J.Michael Huls R.E. A •`°'.°"''• City of Azusa ° • Department of Community DevelopmentIf ` CONSENT CALENDAR TO: HONORABLE MAYOR AND COUNCIL MEMBERS 61, FROM: ROY E.BRUCKN:0 P RECTOR OF COMMUNITY DEVELOPMENT LOUIE H.PEDRO•A JR.,SUPERINTENDENT OF PUBLIC WORKS VIA: RICK COLE,CITY MANAGER- DATE: JUNE 7, 1999 SUBJECT: APPROVE 5TH CYCLE USED OIL BLOCK GRANT,THIRD YEAR,AND CONSULTING AGREEMENT WITH J.MICHAEL HULS,R.E.A. Recommendation Approve the 5th Cycle Used Oil Block Grant, Third Year, with the California Integrated Waste Management Board(CIWMB)and authorize the Mayor and City Manager to execute the agreement with J. Michael Huls, R.E.A. for Used Oil Consulting Services. Background The CIWMB allocates no-match funding to cities based on population.This is the last year of a three year used oil recycling program.. Unused funding for the previous two years are being carried over to this third year in the amount$6,400.00. Our appropriation for the third year is$14,943.00,which combined with the carry-over, will total $21,343.00 for our 99-00 fiscal year. The projected format for the upcoming fiscal year is to re-establish our Certified Collection Centers (CCCs),give recognition to the long term and new CCCs at a Council meeting and to print new fact sheets containing the CCC locations. These will be distributed in the utility billings.In addition,the following tasks will be undertaken: 1.) Develop a new used oil recycling logo to be printed on all material. 2.) Purchase new promotional items to include key chain flashlights, frisbees and note pads. 3.) Promote an every-other-month used oil collection day in the downtown area. 4.) Purchase a shade canopy for the oil events. Included in the proposed expenditure would be reimbursement time for staff, advertising cost, and consultant fees. Attached is the proposed program developed by J. Michael Huls,R.E.A., consulting agreement in the amount of$7,810.00 and a working budget. Due to Public Works shortage of support staff,City staff will only oversee the project,with J.Michael Huls performing all reports to the State,soliciting proposals for purchases,fielding the CCCs,making arrangements to schedule the used oil collection days, and manage, monitor and coordinate all grant activities. Fiscal Impact The City is obligated to provided initial funding,with reimbursement provided by the State at100% (no matching funds required). CONSULTING SERVICES AGREEMENT This Agreement is made by and between the City of Azusa,a municipal corporation ("City") and J. Michael Huls, REA, ("Consultant"). Subject to terms and conditions and for the consideration set forth below, the City desires to utilize the services of Consultant as an independent contractor providing consulting services to the City. 1. CONSULTANT'S SERVICES. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education, and expertise of its principal and employees. Consultant will assist the City of Azusa to implement programs funded by the California Integrated Waste Management Board third year Fifth Cycle Used Oil Recycling Block Grant. 2. COMPENSATION FOR SERVICES. Payment to Consultant shall be made by the City in accordance with the invoices submitted by Consultant, on a monthly basis, and such invoices shall be paid thirty (30) days after said invoices are received by the City. All charges shall be paid in accordance with this agreement with respect to an hourly rate not to exceed forty-five dollars($45.00)for an associate consultant and seventy-five dollars (75.00) for a principal. Total compensation shall not exceed $7,810. 3. TERM OF AGREEMENT. Consultant already has performed two years of a three year grant. This agreement shall take effect on the date of signature by the parties, and shall continue until June 30, 2000, unless earlier modified and/or terminated in writing by both parties or terminated with or without cause by City. 4. STATUS AS INDEPENDENT CONSULTANT. Consultant is and will be an independent contractor for purposes of this agreement and is not and will not be entitled to any employee benefits normally associated with employment of individuals by the City. Consultant will assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under social security, income tax laws and any other with respect to any fees or expense reimbursements paid by the company pursuant to this agreement. Consultant has no power or authorization to act for, represent, or bind the City. 5. CONFIDENTIALITY. Any information or documentation furnished to Consultant by the City or developed by Consultant in the performance of its duties, which are subject to this Agreement, is and will remain the property of the City and will be used only on behalf of the City. All such information or documentation will be returned to the City upon termination of this Agreement or sooner if requested by the City. 6. NOTICE. Any notice to be given under the terms of this Agreement by either party to the other will be in writing and will be deemed given (a) three days after being deposited in the United States mail, properly addressed certified, and with postage prepaid or (b) upon personal delivery to the following: If to Consultant: J. Michael Huls, REA 568 East Foothill Blvd. Azusa, CA 91702 If to the City: Christina Cruz Madrid Mayor City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 1 7. ASSIGNMENT. Consultant shall not assign or transfer any interest in this Agreement northe performance of any of Consultant's obligation hereunder,without the prior written consent of the City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 8. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments. 9. INSURANCE. a. PROFESSIONAL LIABILITY INSURANCE. Without limiting the Consultant's indemnification, the Consultant shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement, a policy which provides Errors and Omissions or Professional Liability Insurance, and shall furnish a Certificate of Insurance to the City of Azusa before execution of this Agreement by the City. 1. A combined single limit policy with aggregate limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. The Consultant may file insurance acceptable to the City covering more than one project. 2. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Azusa shall be notified by registered mail, postage prepaid, return receipt request, not less than thirty (30) days before expiration or cancellation is effective. 3. The City shall be named as additional insured under the policy in relation to those activities described generally above with regards to operations performed on behalf of the Named Insured. b. WORKERS' COMPENSATION INSURANCE. By execution of this Agreement, the Consultant agrees to the following certification: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation orto undertake self-insurance before commencing any of the work. The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City of Azusa before execution of this Agreement by the City. The City, their agents, officers and employees shall not be responsible for any claims in law or equity occasioned by the failure of Consultant to comply with this section. Every compensation insurance policy shall bear an endorsement or shall have attached a rider providing that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever,the City of Azusa shall be notified by registered mail, postage prepaid, return receipt requested, not less that thirty (30) days before such expiration or cancellation is effective. 2 c. GENERAL LIABILITY AND AUTOMOBILE INSURANCE. Consultant shall at all time during the term of this agreement carry, maintain, and keep in full fore and effect, with an insurance company or companies doing insurance business in the State of California, (1) a policy which provides a comprehensive general liability insurance for personal injury and property damage with minimum limits of$1,000,000 combined single limit coverage; (2) automotive liability insurance (including owned, non-owned, and hired autos), with minimum combined single limits coverage of$1,000,000. The City, its officers, employees, and attorneys shall be named as additional insured on the policies as to comprehensive general liability, property damage, and automobile liability coverages. All insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever,the City of Azusa shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. 10. MISCELLANEOUS. This Agreement supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally, and no modification,termination or attempted waiver of any o f the provisions hereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced. No waiver of any term or condition shall be a continuing waiver thereof. 11. INDEMNIFICATION CLAUSE. Notwithstanding the limits of any insurance consultant shall be liable for and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any claim, demand, penalties, loss, liability, or expense, including reasonable attorney's fees for counsel acceptable to City, court costs and necessary disbursements, for any damage whatsoever, including but not limited to, bodily injury, death or injury to property, proximately resulting from any negligent act or omission of the Consultant, its officers, employees, agents or contractors in the performance of this Agreement. 12. ATTORNEYS FEES. Should any litigation be commenced between the parties hereto concerning the provision of this Agreement, the prevailing party in such litigation shall be entitled to recover a reasonable sum as attorney's fees, in addition to any other relief to which the party may be entitled in law or equity. IN WITNESS WHEREOF, the parties have executed this Agreement as of ,,1 "CONSU TANT" `CI , ►j J. Michael Huls ( Christina Cruz Madrid Principal Mayor J. Michael Huls, REA City of Azusa APPROVED AS TO FORM: 44d& - City efrytitek,Attorney 3