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25-026 San Jose Conservation Corps (SJCC) IDMCI Agreement & Authorization Form SJCC+CS City of Cupertino 2025-2026 SAN JOSE CONSERVATION CORPS Agreement with the City of Cupertino Confidential PROJECT DESCRIPTION The following initiative is a collaborative effort between the San Jose Conservation Corps (SJCC) and the Mattress Recycling Council (MRC) as part of SB 254 which aims to reduce the number of illegally dumped mattresses on our city streets. Five years ago the Mattress Recycling Council launched the Illegally Dumped Mattress Collection Initiative (IDMCI) to understand the extent of illegal mattress dumping in California and help cities and counties manage illegally dumped mattresses. During this time, it has grown to 72 participants that have collected more than 250,000 illegally dumped units from alleys, sidewalks, and other public spaces in their communities. SJCC plans to collect illegally dumped mattresses from the public right of way from partnered jurisdiction while en route for other materials such as tires and electronic waste. Please note that SJCC will not pick up a mattress that has been put out in front of someone's home that has been scheduled to be picked up by another entity. We also cannot schedule special pick-ups. The San Jose Conservation Corps would provide the labor and equipment. A detailed Scope of Services is attached which describes specific tasks covered by this agreement. TERMS & CONDITIONS These Terms and Conditions constitute the terms and conditions under which San Jose Conservation Corps (“Vendor”) will provide the City of Cupertino ("Client") with the services described in the attached proposal ("Proposal"). The client's acceptance of the Proposal constitutes the Client's acceptance of these Terms and Conditions. These Terms and Conditions, together with the Proposal, constitute the entire agreement between Vendor and Client with respect to the subject matter contained in the Proposal ("Agreement"). 1. Final Agreement. This Agreement is the entire Agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, oral or written. This Agreement may only be amended in writing and executed by both parties. 2. Project Description & Scope of Services. The work outlined in this scope of services will begin to be conducted until December 31, 2026. 3. Compensation. All expenses are covered by the Vendor. Compensation is not required by Client. 4. Termination. Either party, by notifying the other party in writing, may terminate this Agreement upon thirty (30) days written notice, except that Vendor shall not terminate for convenience during any ongoing Project. The Vendor assumes all financial responsibility for expenditures and fees for work-in-progress up until the effective date of cancellation. In the event of a breach of this Agreement, either party may terminate this agreement if the breaching party fails to cure the breach within 15 days of the demand to do so. 5. Confidentiality. The Parties agree that they may obtain information about each other's business in connection with the performance of their obligations under this Agreement. All information discussed and developed in relation to this agreement shall be kept confidential unless otherwise specified. Vendor understands that the Client is a public entity subject to the Public Records Act, and nothing in this Agreement shall prevent Client from disclosing records created in connection with this Agreement in response to a lawful Public Records Act request. 6. Limitations of Liability. The vendor shall not be liable for any consequential, indirect, special, incidental, or exemplary damages, including, without limitation, for any loss of revenues or other economic loss arising out of or in connection with the services performed hereunder. The vendor does not warrant or guarantee any particular economic results with respect to its services other than by promising that the services will be performed with the care and skill ordinarily exercised by members of the trade performing similar work. 7. Indemnity. To the fullest extent allowed by law, Vendor shall indemnify and hold harmless the City, its City Council, boards and commissions, officers, officials, agents, employees, servants, consultants and volunteers (hereinafter, “Indemnitees”) from and against any liability, loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or arbitration), resulting from injury to or death of any person, damage to property, or liability for other claims, stop notices, demands, causes of actions and actions, arising out of or in any way related to this Agreement or Vendor’s performance or nonperformance of his/her duties under the Agreement, or from negligent acts or omissions or willful misconduct of Vendor, its agents, employees, contractors, or subcontractors. Vendor shall, at its own cost and expense, defend any and all claims, actions, suits or legal proceedings that may be brought against the City or any of the Indemnitees (with counsel acceptable to the City) in connection with this Agreement or arising out of Vendor’s performance or nonperformance of its duties and obligations thereunder, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the City or the City’s agents, employees, or independent contractors. 8. Unforeseen Circumstances. The vendor shall not be liable for any delays in its performance due to disasters, natural or otherwise, or for any other reason outside of its reasonable control. City of Cupertino Signature: Printed Name: Chad Mosley Title: Director of Public Works CONTACT INFORMATION: City of Cupertino Environmental Programs Division 10300 Torre Avenue Cupertino, CA 95014 Phone: 408- 777-3236 UrsulaS@Cupertino.gov San Jose Conservation Corps Signature: Printed: Dorsey Moore Title: CEO Date: CONTACT INFORMATION: San Jose Conservation Corps 1560 Berger Drive San Jose, CA 95112 Cell: 408-472-7093 mle@sjcccs.org Dorsey A Moore 12/23/2024 Scope of Services San Jose Conservation Corps will provide the City of Cupertino with the following services: The San Jose Conservation Corps plans to collect illegally dumped mattresses from the public right of way from the City of Cupertino while on route for other materials such as tires and electronic waste. Once collected, SJCC will take these units found in the public right of way and drop them off at Goodwill of Silicon Valley where they will be processed and shipped out to MRC to be recycled. Any and all reporting of illegally dumped mattresses will be done by the San Jose Conservation Corps. Please note that SJCC will not pick up a mattress that has been put out in front of someone's home that has been scheduled to be picked up by another entity. We also cannot schedule special pickups. The San Jose Conservation Corps would provide the labor and equipment, we are only looking for your authorization to do the work of picking up illegally-dumped mattresses and box springs in the City of Cupertino Total Compensation (not to exceed): $0 AUTHORIZATION OF DESIGNATION Designating Local Government: City of Cupertino Designated Local Conservation Corps San Jose Conservation Corps County Santa Clara Designation Begin Date January 1, 2025 Designation End Date December 31, 2026 Geographic Area of Service/City: City of Cupertino Location(s) of Authorized Removal of Illegally Dumped Mattresses: Within the public right-of-way Description of Collection Activities: Collect abandoned mattresses and foundations from the public right-of-way. Frequency: As necessary Description of Authorized Collection(s): Collect abandoned mattresses and foundations from the public right-of-way within the designated geographic area of service as stated above. Name of Designating Authority Representative Chad Mosley Title Director of Public Works Phone 408-777-7604 E-Mail ChadM@Cupertino.gov Mailing Address 10300 Torre Avenue Cupertino, CA 95014 CERTIFICATION STATEMENT: I am a Local Government representative authorized to execute agreements or contracts related to waste management on behalf of the Local Government. I hereby authorize the Local Conservation Corps designated above to collect abandoned mattresses and foundations from the public right-of way in our jurisdiction. The Local Government is not party to any written or oral agreement with any third party that would restrict its ability to grant this designation. The Local Government is not responsible for any damage to persons or property resulting from the use, misuse, or failure of any equipment used by the Local Conservation Corps. I understand that the Local Conservation Corps, under California Code, Public Resources Code - PRC §14507.5, is acting as a collector of abandoned mattresses and foundations and may seek compensation for the collection and recycling of these abandoned units through the Mattress Recycling Council and its various programs and will make its best attempts to send collected units to be recycled. This Authorization of Designation contains true and correct information to the best of my knowledge and may be revoked, at any time, by written or oral notice to the Local Conservation Corps. Signature Date Signed Name of Local Government Point of Contact (if different than above) Chad Mosley Title Director of Public Works Phone E-Mail CERTIFICATION STATEMENT: I am an authorized signatory from the Local Conservation Corps, pursuant to California Code, Public Resources Code - PRC §14507.5, listed above. The organization agrees to collect abandoned mattresses and foundations from the public right-of-way in this jurisdiction without seeking any compensation from the jurisdiction for this service. The organization assumes title to and risk of loss and liability for any and all abandoned mattresses and foundations upon collection. The organization agrees to follow all applicable laws and regulations and will exercise reasonable care when collecting and agrees that the Local Government is not responsible for any damage to persons or property resulting from the use, misuse, or failure of any equipment used by the Local Conservation Corps. The organization agrees to maintain, at our expense, General Liability coverage of not less than $1 million per occurrence and $2 million aggregate and Commercial Automobile Liability Coverage for owned, non-owned and hired vehicles of not less than $1 million per occurrence. The organization must name the Local Government, its public officials, officers, employees, members, agents and assigns as additional insureds for the Commercial General Liability policy. Such insurance shall be primary as to the Local Governments. Any other insurance carried by the Local Government shall be excess and noncontributory with respect to the insurance required hereunder. The Local Conservation Corps agrees to make its best efforts to recycle the abandoned mattresses and foundations in conformance with the various programs directed by the Mattress Recycling Council California, LLC. 1/9/25 chadm@cupertino.gov Signature Date Signed: Local Conservation Corps Representative Title: Chief Executive Officer Phone: 408-439-6653 E-Mail: dmoore@sjcccs.org Dorsey A Moore 12/23/2024 IDMCI Agreement & Authorization Form SJCC +CS City of Cupertino 2025-2026 Final Audit Report 2025-01-09 Created:2024-12-23 By:Sundari Pilaka (Sundarip@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAxXPMT_2u2QgQfYCm2QVWAyDjK5QdvEIc "IDMCI Agreement & Authorization Form SJCC+CS City of Cup ertino 2025-2026" History Document created by Sundari Pilaka (Sundarip@cupertino.org) 2024-12-23 - 6:40:41 PM GMT- IP address: 98.207.177.162 Document emailed to Dorsey A Moore (dmoore@sjcccs.org) for signature 2024-12-23 - 7:00:35 PM GMT Email viewed by Dorsey A Moore (dmoore@sjcccs.org) 2024-12-23 - 7:05:51 PM GMT- IP address: 74.125.209.7 Document e-signed by Dorsey A Moore (dmoore@sjcccs.org) Signature Date: 2024-12-23 - 11:33:51 PM GMT - Time Source: server- IP address: 207.140.44.210 Document emailed to Chad Mosley (chadm@cupertino.gov) for signature 2024-12-23 - 11:33:53 PM GMT Email viewed by Chad Mosley (chadm@cupertino.gov) 2024-12-23 - 11:34:00 PM GMT- IP address: 3.232.50.116 New document URL requested by Chad Mosley (chadm@cupertino.gov) 2025-01-09 - 4:23:55 PM GMT- IP address: 64.165.34.3 Email viewed by Chad Mosley (chadm@cupertino.gov) 2025-01-09 - 4:24:04 PM GMT- IP address: 52.202.236.132 Document e-signed by Chad Mosley (chadm@cupertino.gov) Signature Date: 2025-01-09 - 4:24:46 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-01-09 - 4:24:46 PM GMT