HomeMy WebLinkAboutID# 15-757 Agreement KJ Services Environment Tire Recycling Event ManagementCITY or
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: SEPTEMBER 22, 2015
SUBJECT: AGREEMENT FOR CONTRACTOR SERVICES WITH KJ SERVICES
ENVIRONMENTAL CONSULTING FOR TIRE RECYCLING EVENT
MANAGEMENT
RECOMMENDATION
1. Award Agreement for Contractor Services to KJ Services for $35,000.
2. Approve and authorize the City Manager to execute the Agreement in the
amount of $35,000 to KJ Services Environmental Consulting, in substantially the
form attached and in such final form as approved by the City Attorney.
3. Authorize the City Manager to approve the use of KJ Services Environmental
Consulting for a two (2) year contract term from July 2015 through June 30,
2017, with an option for renewal subject to grant funding availability.
Background
The City Council previously approved a Service Agreement with KJ Services
Environmental Consulting to assist City staff in the planning of the tire collection events.
In addition, KJ Services provided event staff, event equipment (canopies, tables, chairs,
and banners) along with the appropriate safety equipment.
Discussion
Upon completion of each event, KJ Services Environmental Consulting will provide the
City's administrative staff a complete report describing the number of event participants,
number of tires collected, total scrap tire weight and a description of any problems or
significant issues that arose during the event. KJ Services will assist the City's
administrative staff in preparing the reporting requirements for reimbursement to
KJ Services Environmental
September 22, 2015
Page 2
CalRecycle, Department of Resources Recycling and Recovery. The attached
Agreement for Contractor Services will allow KJ Services to continue to provide services
until June 2017.
FISCAL IMPACT
All incurred costs will be paid for through the Local Government Waste Tire Cleanup
and Amnesty Event Grant Program. The City of Lake Elsinore was awarded grant
funding in the amount of $35,000 for use in the fiscal years 2015 -2017.
Prepared by: Nicole McCalmont
Senior Engineering Technician
Approved by: Jim Smith
Interim Director of Public Works
Approved by: Grant M. Yates
City Manager
Attachment: Attachment A — Agreement for Contractor Services
AGREEMENT FOR CONTRACTOR SERVICES
KJ Services Environmental Consulting
Environmental Consulting for Tire Recycling Program
This Agreement for Contractor Services (the "Agreement ") is made and entered into as
September 22, 2015 by and between the City of Lake Elsinore, a municipal corporation ( "City ")
and KJ Services Environmental Consulting ( "Contractor ").
RECITALS
A. The City has determined that it requires the following services: environmental
services related to the tire recycling program.
B. Contractor has submitted to City a proposal, dated August 12, 2015, attached
hereto as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide services and
related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and
related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A),
subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent
with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials,
necessary tools, expendable equipment, and all taxes, utility and transportation services
required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
KJ Services Agreement Page 1
C. Term.
b.
Unless earlier terminated as provided elsewhere in
this
Agreement, this Agreement
shall continue in full force
and effect for a period of two (2) years,
up to the time of termination,
commencing on September
22, 2015 and ending on June
30, 2017. The City may, at its sole
discretion, extend the term
of this Agreement on a
12 -month basis not to exceed two
(2)
additional twelve (12) month
renewal terms by giving
written notice thereof to Contractor
not
less than thirty (30) days before the end of the contract
term, such notice to be exercised by
the
City Manager.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's compensation exceed THIRTY
FIVE THOUSAND dollars ($35,000) without additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such
defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent
that such services and related work were performed. Contractor's bills shall be segregated by
project task, if applicable, such that the City receives a separate accounting for work done on
each individual task for which Contractor provides services. Contractor's bills shall include a
brief description of the services performed, the date the services were performed, the number of
hours spent and by whom, and a description of any reimbursable expenditures. City shall pay
Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor's expense, provide such
reports, plans, studies, documents and other writings to City upon written request. City
acknowledges that any use of such materials in a manner beyond the intended purpose as set
forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and
hold harmless Contractor, its officers, officials, agents, employees and volunteers from any
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b.
In the event this Agreement is terminated
pursuant to this Section, the
City shall
pay to
Contractor the actual value of the work performed
up to the time of termination,
provided
that the work performed is of value to the City. Upon termination of the Agreement
pursuant
to this
Section, the Contractor will submit an invoice to
the City, pursuant to Section
entitled "Method
of Payment" herein.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor's expense, provide such
reports, plans, studies, documents and other writings to City upon written request. City
acknowledges that any use of such materials in a manner beyond the intended purpose as set
forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and
hold harmless Contractor, its officers, officials, agents, employees and volunteers from any
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claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including
any and all costs and expenses in connection therein), arising out of the City's use of such
materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a
nonexclusive 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 Contractor
under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants
that Contractor has the legal right to license any and all Documents & Data. Contractor makes
no such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Contractor or provided to Contractor by the City. City shall not
be limited in any way in its use of the Documents & Data at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the
performance of this Agreement shall be held confidential by Contractor. Such materials shall
not, without the prior written consent of City, be used by Contractor for any purposes other than
the performance of the services under this Agreement. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Contractor which is otherwise known to Contractor or is generally known,
or has become known, to the related industry shall be deemed confidential. Contractor shall not
use City's name or insignia, photographs relating to project for which Contractor's services are
rendered, or any publicity pertaining to the Contractor's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Contractor
to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C.
Any records or documents
required to
be maintained pursuant to this
Agreement shall
be made available for inspection
or audit, at
any time during regular business
hours, upon written request by the City Manager,
City Attorney,
City Auditor or a designated
representative of
these officers. Copies of such
documents
shall be provided to the City for
inspection at City
Hall when it is practical to do so.
Otherwise,
unless an alternative is mutually
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agreed upon, the records shall be available at Contractor's address indicated for receipt of
notices in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City
may, by written request by any of the above -named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor,
Contractor's representatives, or Contractor's successor -in- interest.
8. Independent Contractor. It is understood that Contractor, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor
and shall not act as an agent or employee of the City.
9. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor
shall indemnify, defend, and hold harmless City for the payment of any employee and /or
employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
10. Interests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment
or interest in real property and shall not acquire any interest, direct or indirect, in the area
covered by this Agreement or any other source of income, interest in real property or investment
which would be affected in any manner or degree by the performance of Contractor's services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his /her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement.
•-
Contractor shall therefore provide properly skilled personnel to perform all services under this
Agreement. All work performed by Contractor under this Agreement shall be in accordance with
applicable legal requirements and shall meet the standard of quality ordinarily to be expected of
competent contractors in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its
profession to comply with all applicable federal, state and local laws, codes, ordinances and
regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that
Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any licenses, permits, insurance and approvals which are legally
required of Contractor to practice its profession. Contractor shall maintain a City of Lake
Elsinore business license.
14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury,
bodily injury, loss of life, or damage to property, or any violation of any federal, state, or
municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or
negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts
for which they could be held strictly liable, or by the quality or character of their work. The
foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to
property, or violation of law arises from the sole negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
property, or violation of law. It is understood that the duty of Contractor to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for
damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk
Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days
prior to such change. The insurer shall agree to waive all rights of subrogation against
Page 5
City, its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City. In the event that Contractor is exempt from Worker's
Compensation Insurance and Employer's Liability Insurance for his /her employees in
accordance with the laws of the State of California, Contractor shall submit to the City a
Certificate of Exemption from Workers Compensation Insurance in a form approved by
the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Required commercial general liability coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be
attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each
occurrence. Automobile liability coverage must be at least as broad as Insurance
Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No
endorsement may be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self- insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
V. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be
addressed to the other party at the address set forth below. Notice shall be deemed
communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: KJ Services Environmental Consulting
Attn: Kevin Sales
9020 Horny Ave.
Whittier, CA 90603
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
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rights, duties or obligations of the Contractor under this Agreement will be permitted only with
the express consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written
authorization of the City. If City consents to such subcontract, Contractor shall be fully
responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement
shall create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of the City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute
a continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this
Agreement shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any
disputes arising out of this Agreement through mediation prior to commencing litigation. The
parties shall mutually agree upon the mediator and share the costs of mediation equally. If the
parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its
successor in interest. JAMS shall provide the parties with the names of five qualified mediators.
Each party shall have the option to strike two of the five mediators selected by JAMS and
thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after
mediation, either party may commence litigation.
25. Authority to Enter Agreement. Contractor 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 to bind each respective party. The City Manager is authorized to
enter into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement.
26. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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.
27. Equal Opportunity Employment. Contractor 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.
28. Prevailing Wages. Contractor 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. Contractor agrees to fully comply with all applicable federal and state labor laws
(including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties
that, in connection with the Work or Services provided pursuant to this Agreement, Contractor
shall bear all risks of payment or non - payment of prevailing wages under California law, and
Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers,
employees, agents, and volunteers, free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity
shall survive termination of this Agreement.
29. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Contractor's Proposal
Exhibit B — List of Subcontractors
"CONTRACTOR"
KJ Services Environmental Consulting
By:
Its:
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Kevin Sales
Principal
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
EXHIBIT A
EXHIBIT A
SCOPE OF WORK
Task 1 - Scrap Tire Collection Events
KJServices Environmental Consulting, in coordination with the City of Lake Elsinore will
schedule four (4) Amnesty Day tire collection events during the course of the grant period.
These events will be open to all residents of Lake Elsinore. Two of the collection events will be
held in conjunction with the Lake Elsinore twice- yearly Clean Up events. The Clean Up events
are tentatively scheduled for October 2015 and March 2016. These two Clean Up day events
are held in a large parking lot adjacent to the Lake Elsinore Storm baseball stadium. The
stadium, which is centrally located within the City of Lake Elsinore, easily accommodates this
high traffic event. -
Two additional collection events will be held in Lake Elsinore,` one in the portion of the
community east of Interstate 15 and one in the western portion adjacent to the lake. The
locations for these events will be selected based' upon those areas of the community, that have
the highest incidence of illegal tire disposal. The events will be set up at parks, schools or other
locations in the selected areas of the community to make it easy and convenient for the
residents in these areas to bring their waste tires in for recycling. The Lake Elsinore collection
events will focus on two areas of particular concern:
Eastern Lake Elsinore— this area of the community, located east of the 15 Freeway is an
area where the City's development is expanding into previous rural countryside. The area's
remaining open fields and older; rural areas attract illegal tire dumping.
West shore of Lake Elsinore — this area, adjacent to the lake, is an older area of the City that
adjoins some unincorporated County area. This older portion of the community is an area
that attracts a variety of illegal dumping, problems; including .waste tires.
The goal: of the Amnesty pay events is to provide a convenient collection opportunity for
residents of Lake Elsinore to dispose of any waste tires they have in :their possession. In
addition, the collection events will be open to rental property owners who may have waste tires
that were left on their properties by former tenants. Residents will be limited to a maximum of
nine (9) waste tires per visit, as this is the maximum allowed for transport without a tire - hauling
permit.' toads of up to 20 tires will also be allowed 'with writtenauthorization received, in
advance, from the Local Enforcement Agency Loads of over nine (9) tires, received without
written authorization from the LEA will be accepted; however the residents bringing in those
loads will be reported to CalRecycle on an Unregistered Hauler and Comprehensive Trip Log
Substitution Form. All participants at the Amnesty Day events will be asked to show I.D. proving
that they live in Lake Elsinore. Rental property owners who live outside the city but own rental
property in the City will be asked to show a copy of a. utility bill showing an address in. Lake
'Elsinore to participate in the collection event. The City of Lake.Elsinore expects that they may
receive tires from residents of :other nearby cities and surrounding unincorporated County area
A.first load of tires from outside Lake Elsinore will be accepted in order to prevent the potential
of illegal dumping if the loads are turned away at the event. However, non -Lake Elsinore
.residents or property owners will be told that they cannot bring any additional tires to the event
The Amnesty Day events will be held on Saturdays for 4 hours (normally gam until 1 pm). The
events will be staffed by.KJServices In addition, the selected subcontractor / tire processor will
provide a truck and driver to help with the loading of the tires and to provide their transportation.
The proposed tire collection program is a continuation and refinement of the previous grant
cycles' Regional Group efforts. This program emphasizes the needs revealed by the receding
water level in Lake Elsinore, and the data from previous collection events that saw Lake
Elsinore residents make up the majority of tires collected by the Regional Group.
between 300 and 800 tires at each of the four proposed Waste Tire Amnesty Day events.
KJServices staff will continue to work with City staff and CR &R Disposal for the collection,
transportation and recycling of all the collected scrap tires. All collected tires will be transported,
handled, and stored :properly. In addition, all collected tires will be allocated to a non - landfill
end- use ( reuse, re- treading, crumb rubber, or energy transformation).
CR &R Disposal is the franchised waste hauler and recycler for the,City of Lake Elsinore.
Task 2 - Scrap Tire,Collection Roll -Off Box at the City Yard
Under this latest grant cycle the City will continue to site a waste tire collection roll -off bin in the
City Yard, which will be available for residents to use 5 days a week. The waste tire bin placed
at the City Yard will accept up to 0 tires per visit from City residents (ID required) during regular
business hours. The Lake Elsinore City Yard, located at 521 North Langstaff St., provides City
residents with important services, including Household Hazardous Waste collection; year- round.
Because it is already known as a location for HHW recycling the City Yard is the ideal place to
collect.waste tires between scheduled C ity events.
The City Yard is also the most convenient disposal location for City employees, whose.vehicles
are parked at the City, Yard. City employees can drop -off waste tires' collected from illegal
dumping sites around the City:
This tire collection box wilLbe emptied and its tires will be recycled during the grant term using
grant funds.
Task 3 - .Cleanup,of Tires along the Lake Elsinore Levee System
Because of the continuing statewide California drought; water levels at Lake Elsinore are lower
than they have been in ;years. Recently, approximately 150 additional large construction
equipment,tires were discovered abandoned on the dry lakebed These "Lake tires' range in
size from smaller construction equipment tires (such as off of tractors and backhoes) :weighing
approximately 500 lbs to very large equipment tires some are over 8 feet tall and 3 feet wide
and may weigh as much as 1,000 Ibs! Considering the large size, amount, and difficult location
of these tires, they cannot be disposed of by residents at the scheduled Amnesty Day collection '
events. Therefore, the City requires' additional equipment and staffing to safely recover and
properly recycle these tires
Under its ;previous' tire recycling grant, the City requested, and received permission from '
CalRecycle, to use a portion of their grant funds to begin to cleanup the "Lake tires" and
transport them for recycling. That on -going cleanup task has now been incorporated into the
City's new.grant.
i During the City's previous grant KJServices worked with City staff and CR &R to remove five (5)
loads of these large construction equipment tires. The loads removed under the previous grant
included two 40 -yard roll -off boxes for 7.20 tones and three flatbed semi trailer loads for 50.76
tons for an overall total of 57.96 tons! .
Under the new tire grant, KJServices staff, in conjunction with the City, will identify the
remaining "Lake tires and will work with CR &R Disposal to have them removed and transported
for recycling.
Task 4 - Public Education and Outreach
A key component of the City's scrap tire collection,program is community awareness. Over the
past grant cycles; residents have become more aware of the Citys tire recycling efforts, but .
even with that this most recent grant will include an outreach ad advertising component.
KJServices staff will implement the following public education outreach tools:
I
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1. Newspaper ads — KJServices will develop a newspaper ad that will run in local community
newspapers. This "action" ad will be run immediately before the Amnesty Day collection
events begin, listing all the upcoming events and targeting residents directly and giving them
the information about how to dispose of their old tires at the Amnesty Day events: Because
of the limited- advertising budget newspaper ads will only be run at the beginning of the
collections and will list all the upcoming events.
2. Amnesty Day event flyers — Using flyers previously created for tire collection events, a flyer
will be produced listing all the upcoming collection events in Lake Elsinore. The flyer will be
distributed at City facilities, through local tire retailers, and community groups. It will also be
used in electronic form on the cities' website and on selected social- media sites.
3. Possible user outreach . —.The cities will identify local community groups and organizations
that may have a higher ,need for scrap tire collection opportunities. These will include
groups such as car clubs, boating organizations, off -road, ATV and motorcycle users, and
local rental real estate owners. The goal is to. identify and implement selective outreach to
best target residents of Lake Elsinore that have scrap tires
4. Community Groups / Community Cleanup Organizations — An effort will be made to reach
community groups that are aware of abandoned tires in :their, neighborhood and encourage
them to organize a cleanup;and.bring the.tires to one of the collection events. Often times
residents know where scrap .tire piles are and, if they know about convenient, free collection
events, will organize other neighbors to clean up the, piles and bring the tires to the
collections for recycling. Occurrences of these neighborhood fire cleanups have been seen
at past City of Lake Elsinore collection events.
KJServices staff will be available to assist the City of Lake. Elsinore with the distribution of tire
recycling information at any community outreach programs that they conduct in the community.
"Piggybacking" on these other outreach opportunities will help leverage the small education
budget available under the tire collection,grant.
SCRAP TIRE RECYCLING PROGRAM BUDGET SUMMARY BY TASK
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
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EXHIBIT B