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Home My WebLink AboutContracts & Agreements_13-2009_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES RI-I'LATING TO ESTABLISHMENT Of: CITY SOLID WASTE RATF'S This agreement for consultant services related to the establishment of City solid waste rates ("Agreement") is made and entered into this 17th day of February,22 009 ("Effective Date"), by and between the City of Redlands, a municipal corporation (hereinafter "City") and R3 (",011SUlting Z:� Group, Inc., hereinafter("Consultant"). City and Consultant are sometimes individually referred to herein as a*'Party" and, together, as the "Parties." In consideration of the Mutual promises contained herein, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform consulting services relating to the establishment ol'City solid waste rates, including a review of City's proposed Solid Waste Rate Study(the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner. and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing similar types of Sc ARTICLE 21 - SERVICES OF CONSULTANT I The specific Services which Consultant shall perform are described in Exhibit "A." entitled "Scope of'Services," which is attached hereto and incorporated herein by this reference. ('011SUltant shall comply with all applicable Federal, State and local laws in its performance ofthe Services includina, but not firnited to, all California Labor Code requirements and non-discrimination laws includin,,-,the federal Americans with Disabilities Act and the State's I Fair Ernplovrnent and Housing Act. ARTICL,E 3 - RESPONSIBILATIES OF CITY 3.1 ity shall make available to Consultant information in City's possession that is relevant to the performance of Consultant's Services. 3,2 City will make reasonable provision for Consultant to enter upon City-owned property to perform the Services. 3.3 City designates Gary Van Dorst to act as its representative with respect to the Services. RA]T` N' 1DOC 41 Consultant shall perform the Services in prompt and diligent manner and in a000n]unco with the schedule set forth ioExhibit °A." 5.1 The total compensation for Consultant's performance nfthe Services mbu|| not exceed the amount of Sixteen Thousand Dollars ($l6'0O0). City shall pay Consultant onabnneand nuotcrio|u basis in accordance with the rates identified in Exhibit "A." 5.3 Within ten days following the end o[each month,Consultant shall submit uo invoice to City indicating the portion of the Services performed,who performed the Services and the costs incurred. 9ovcueotobyCitytuConaultoutsha[|bcnuodovvi1hinthirty(3O)doysuKcrrooeipt and approval ofConsultant's invoice, bycheck payable toConsultant. 5 All notices ebu|| be rumdo inwriting and may be given by personal delivery urby mui|, Notices sent bynoui| mba\| hcaddressed uyfollows: Utv Consultant (]ocy VuuUoryt Q3 Consulting Group, Inc. Municipal Utilities Dept. 4011 Chippendale Drive POBox 3O05 Suite 902 35C onSt., Suite \5/\ Sacramento, C/\ 9584i Redlands, C/\ 92373 When eouddozased, such notices abuU bodeemed given upon deposit in tile United States Mai I. ChanLes may be made in the narnes and addresses of the person to whorn notices and payments are to be given by giving notice pursuant 1othis section. 0.1 Consultant's Insurance to be Primary. All insurance required by this Agreement shall be maintained by Consultant during its performance ofthe Services and shall be primary with respect to City and non-contributing any insurance orself-insurance maintained by City. Conyu|t4ntshu|| not cnrunoencoths Services unless and until all required insurance listed below is obtained by Consultant and Certificates Of Insurance and endorsements evidencing such insurance are presented to City. All insurance policies shall include u provision prohibiting modification of the coverage limits or cancellation,except upon thirty(30)days prior written notice 1oCity. 62 Workers' Compensation and Employer's Liability. Consultant mho|| securc and maintain VYorkcrn' Compensation and Employer's Liability Insurance 1hnoughoutits performuncco[ the Services in amounts v/bicb meet atututory requirements with an insurance carrier acceptable toCity. -2' 63 Comprehensive General L\obddyInsurance. Consultant shall secure and maintain iufor uC dbrou(Ihout its performance of the Services comprehensive general liability insurance with carriers acceptableto City. Minimum coverage of one rnl\)iou dollars ($11001K)0) per occurrence and two noiUkun dollars ($2`0000K00) aggregate For public liability, property dunnage and personal Injury is requiced. Consultant shall obtain an endorsement that City shall benamed ouunadditional insured. 0.4 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with nninirnurn limits ofone million dollars ($l,00O`0O0) per occurrence, combined single limit for bodily injury \iabiUtyaodprnpertydamago|iabi|i1y. This coverage shall include all Consultant-owned vehicles used ioconnection with its performance ofthe Services, hired and non-owned vehicles,and employee non-ownership vehicles. Consultant shall obtain un endorsement that City shall bonamed amunadditional insured. 0,5 &uaionnuentand Insurance Requirements. Consultant iaexpressly prohibited Urocuassigning uny of' the Services without the prior written consent nfCity. In the event of' Mutual agreement between the parties to assign a portion of the Services., Consultant shal I add tile assignee as an additional insured tuConsultant's Insurance policies and provide Cit yvvi1h inourunoccodorsconootupdoriouoySer"iceybeiogperfbcrnedbytbcuauionoe. /\ua/L)nmoni dnesno{inc|udeprinbngorntbcruuotonnaryccinoboraublcczpcnoou1hatrnayhuprovidudin ibixA-rounoeo1. 6.6 Hold Borrnlcomund Indemnification, Consultant shall defend, iudccooiFv and hold hucrn|css City, its elected officials, officers, ccuy|oycos and agents from and against any and all actions. claims, demands, lawsuits, losses and liability for damages io persons nrproperty. including costs and attorney fees,that may be asserted or claimed by any person, Firm,entity., corporation, political subdivision or other organization arising out of or in connection with Consultant's oecy\igent and/or intentionally wrongful acts or uruiasiuna in performing the Services; but excluding such actions,claims,demands, lawsuits and liability for damages to persons or property arising from tile sole negligence or intentionallv wronaful acts ot'Citv. its officers, crnp|oyros or agents. ARTICLE 7 - GENERAL CONSIDERATION 7.1 In the event any action is commenced to enforce or interpret any of tile terms or conditions of this Agreement the prevailing Pudv shall, in addition to any costs and other relief', be entitled to the recovery of its reasonable attorneys' flees; including feas for the use of' in- house counsel byuParty. 72) All documents, records, drawings, designs, cost estimates, electronic data files, databases and other docurnents developed by Consultant pursuant to this Agreement and any copyright interest inSuch documents shall become the property of' City and shall he delivered toCity upon completion ofthe Services,orupon the request ofCity Any reuse of'suchdocuments andun� uoe. ofincomplete documents will boatCity's sole risk. -3- ` 7.3) Consultant iofor all purposes unindependent contractor. Consultant shall supply all tools and instrumentalities required no perform the Services. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained byitbcdeemed&ohave been employed 6vCity mr engaged by City for tile account 8foronbehalf ofCity. 7.4 On|e88 earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance ofthe Services byCity. 7.5 This Agreement may beterminated byCity by providing five(5)days prior written notice 10 Consultant ofCity's intent tmterminate. 7.6 If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be made, but no amount shall be allowed for anticipated profit or unperformed Services, and any payment due Consultant ut the time oftermination may hcadjusted tothe extent nfany additional costs 10City occasioned byany default byConsultant, 7� Uponreceipt nfatermination notice,Consultant shall immediately discontinue all Services, and within ten (10) days of the date of such notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form., where applicable) ofany data, design ca|culadons, drawings, specifications, reports and such other information and materials as may have been accumulated byConsultant ioperforming the Services. Consultant shall bc compensated on a pro-rata basis for work completed tip until notice of termination. T8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in performing the Services. Such books sbu|| be ovuiiuhic at all rcnsonuh|t tinnto for examination byCity otthe office nfConsultant. ?.q This Agreement, including the exhibits incorporated herein by reference, rcpcoycnty the entire agreement and understanding between the Parties us tothe matters contained herein, and any prior negotiations,written proposals or agreements with regard to the sub ect matter hereof between City and Consultant are superseded bythis Agreement. Any amendment 10 this Agreement shall heiowriting and approved byCity and Consultant. 7.10 This Agreement shall be governed byand construed ioaccordance with the laws ofLbcState of California. [SIGNATURES ON FOLLOWING PAGE] -4- IN W I NESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. C'IT'Y OF REDLANDS R:3 CONS(JI TING GROUP, INC:. I3v Bv: RI OF A1_ R' INEL -- ` V City Manager Principal A IT'S I': C ttyXterk, Citi q edl rids -5- ' EXHIBIT "A" SCOPE OF SERVICES Consulting ��w��U�, Inc.. R3CunsultingGroup, |nc 4811 Chippendale Drive, Suite roO [Z3 Resources Respect Responsibility Sacramento, CA 95841 Tei 816-570'0380 Fox:916-331-9600 vmwwx3cgiunrn January 20, 2009 Mr Gary Van Dorst 0rector, Quality of Life 3Cajon Stneet. Suite222 Redlands, CA 82373 Sent via e-mail tmgwandormt@citymfrediands'org Dear Gary: FlJ Consulting Group /,R3''\ understands the City of Redlands ("City") may need to increase its solid waste customer rates togenerate additional revenue, The additional revenue isneeded to offset increased costs for equipment nep|acernent, incorporate the cost for landfill cell deve|opment, cover lost revenue due to steeply decreased rnateho| rnerkets, and cover lower revenue due to a general decrease in the City's businesses sector and temporary roll-off services |naddition, ampart ofa longer term revenue solution,the City will be incurring increased costs due tothe initial feasibility and possible development of City-owned processing facility. The following are tasks that R3 can provide assistance to the City on. PHASE 1: TECHNICAL SUPPORT 1 R3 will review and comment onthe City's recent Q{)L and Finance Department analysis for the need for rate increases. Aspart ofthis review, R3will concur, refine ormodify the City's recommendations based nnthe City's analysis. R3'nreview will beprovided tothe City aaa menno,aDdVnn, with accompanying tables suitable for presentation to Municipal Utilities and Public Works Commission and City Council that show anticipated revenue, operating costs, and projected rateincneasesby|ineofbueineao(reaidentia|. cornrnercia|. roll-off). Please note that the City and R3 agree that the prior rade mode( will not be updated, and the City will provide R3 with updated oapita|. operating ousta, revenue projections. 2 R3 will update the customer rate section of the 2005 Benchmark Study to show current sunnunding community customer rates, compared to current and proposed rotes for Redlands. R3will provide this update aoa 2089Customer Rate Comparison with charts and tables suitable for presentation to Municipal Utilities and Public Works Commission and City Council for support ofthe proposed rate increases. 3. R3 will assist City Staff in drafting customer rate schedules, including deieUng any unnecessary orunused customer charges (i. e.. bin r8n1g|). |t|santicipated the outcome ofthis task will bepart ufthe Proposition 218Notice, R3 suggests conducting conference calls with City Staff to finalize the nah* schedules. � ^ Mr. Gary Van [onst January 2O. 2O0S Page 2oY2 ` -~~-- U ~'� ~=~�« �� 4 R3 will assist the City Staff in preparing e draft Proposition 218 Notice for review bythe City Attorney. This will be provided to the City in electronic format (M8 Word). PHASE 11: PUBLIC PRESENTATION 5 If requested, R3 will assist City Staff in presenting the results of Tasks 1 - 3 to the Municipal Utilities and Public Works Commission, This will indude preparing a PowerPoint presentation, G If requested, Fl3 will assist City Staff in presenting the results of Tasks 1 - 4 to City Council. This will include updatingfmodifying PowerPoint presentation given to the Utilities and Pubic Works Cornrn/noion. anwell aeproviding ten (10) sets ufcolor handouts of the presentation 7 R3will assist City Staff inother presentations asrequested. Budget R3 proposes to complete Phase I (Tasks I -4)for a total not-to-exceed amount of$10,000(billed on a time-and-materials basis). Phase || (Tasks 5 - 7) will be done on a time-and-materials bases, plus project travel costs. We anticipate that the costs for each stand alone meeting will not exceed $1.800, R3'a 2009 rate schedule is below, Technical Services Principal S175per hour Project Manager $175per hour Practice Director $170per hour Senior Manager $155per hour Manager $150per hour Senior Associate $14Uper hour Associate 11 $120 per hour Associate $1OOper hour Administrative Support $70 per hour Reimbursable Costs Consultants/Subcontractors cost Lodgingand meals cost Trave| -- Phvateoroornpanycar $0,55 per mile Treve|-- Other cost Dell)veryand other expenses cost