09-083 Environmental Planning ConsultantsAGREEIMENT
CITY OF CUI'ERTINO
. ~ (y ~ 10300 Torre Avenue
~Q Cupertino, CA 95014 ,fig
~ 408-777-:3200 NO. y~~ ~~~~ 9
BY THIS AGREEMENT, made and entered into this 1st _day of Julv , 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Name (1Z Environmental Planning Consultants
Address 1046 West Tavlor Street. Suite 208 City San Jose Zip 95126 Phone 408 249-0691
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS: The services and/or materials furnished under this ~~greement shall commence on Julv 1, 2009
and shall be completed before June 30. 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public
Works contract in excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmlE:ss the City, its officers, agents and employees from any
and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused
by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing
services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in thf; employment of persons under this Agreement because
of the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense
that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be
deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this agreement. Contractor certifies, that no one who has or will have any financial interest
under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ~~~~
NAME Cheri Donnelly DEPARTMENT Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day artd year first written above.
CONTRACTOR: /~ ~
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APP~O~/~LS
CITY OF CUPERTINO:
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Title Environmental Pro rams Man er
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E)(PENDITU DISTRIBUTION \
DEPA NT A DATE
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- 520-800 7103 $10,000
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EXHIBIT ~~A"
2009-2010 Sco~>re of Work for
ENVIRONMENTAL PLANINING CONSULTANTS
Environmental Planning Consultants shall provide the following services:
Task 1. Commercial Sector Technical Assistance
• EPC will assist individual businesses expand their waste prevention,
recycling and sustainability programs
• EPC will meet with businesses and ~jssess the opportunities for them to
reduce wastes requiring disposal
• EPC will make programmatic recommendations to businesses, and
assist them in implementing and expanding waste diversion programs
Task 2. Green Business Program Assistance
• EPC will assist the City in promoting the Green Business Program
• EPC will assist individual City Departments complete the necessary
activities to become certified as Green Businesses
• EPC will assist individual businesses in the City complete the necessary
activities to become certified as Green Businesses
Task 3. City Solid Waste and Recycling Ordinance
• EPC will provide review and recommend updates for Chapters 6.24 and
19.81 of the City of Cupertino Muni~~ipal Code to make sure it matches
the current programs.
Task 4. Integrated Waste Management Technical Assistance
• EPC will provide other related integrated waste management technical
assistance as requested by the City.
Task 5. Prepare RFP and Waste Management Franchise
• EPC will prepare an RFP for Garbagf: collection and disposal, and
Recyclables and Compostables collection and processing services,
evaluate the proposals received, as:~ist in the selection of a Contractor,
prepare a Franchise Agreement for services, and negotiate as needed
with the selected Contractor.
Task 5: SCOPE OF WORK
Prepare RFP and Waste Management Franchise Agreement
Project Methodology
Environmental Planning Consultants (EPC) will assist the City of Cupertino in
the preparation of a Request for Propose~ls for Waste Management Services.
This process starts with a review of the City's goals, and includes identifying
general methods and specific mechanisms to achieve those goals.
The RFP sets the basic requirements of the Agreement. In their Proposal,
Contractors are encouraged to propose ~~Iternative services that they feel
would improve the services or help meet: the City's goals, but making these
changes is at the sole discretion of the City. This means that there are no
extended negotiations with Contractors ~nrho might submit `low-bid' proposals
and then try to negotiate for higher rates. The services proposed by the
Contractor are then attached as an Exhibit to the Agreement, as are the
proposed service rates.
EPC proposes to complete this Procurement by performing the following
tasks.
Task 5.1. Review Current Franchise
EPC will review the current Franchise Agreement and other supporting
documentation provided by the City, including current Contractor's Reports to
the City, and Annual Reports to the CIWMB.
Task 5.2. Initial Meeting
EPC will meet with City staff to discuss tl~e City's goals, and identify elements
of the current waste management system that they would like to change.
EPC will conduct additional interviews with City staff to clarify details as
necessary.
Task 5.3. Prepare ~~Issues Matrix"
Based on the information gathered in Tasks 1 and 2, EPC will prepare a
matrix of issues relating to garbage, rec~,rclables and compostables collection
services to be provided. The matrix will describe specific benefits and
drawbacks of each issue. EPC will provide an initial list of issues, including
alternatives requested by City staff.
The matrix includes over 60 specific issues to insure that the desired services
are received. Issues to be reviewed will include such features as:
/ Description of desired service elements
/ Expansion of existing program elements
/ Implementation of new program elements
/ Rate Adjustment Options
/ Automation and Reducing Lost Work 'Time
Task 5.4. Public Meetings & Study Session
Following a review of the Issues Matrix t-y the appropriate City staff, EPC will
meet with staff to discuss each of the elE~ments identified. EPC will meet with
City Council Members and attend public meetings as requested by City Staff
Task 5.5. Prepare the Request for Proposals
Following the Meetings and Study Session, EPC will prepare a draft RFP for
the City to review and comment. EPC will make the appropriate changes to
the RFP, and submit the Final RFP to the City for distribution to potential
Proposers. EPC will provide the City a list of at least six potential Proposers.
The RFP will be structured to provide a rninimum level of service for all
Proposers to respond to, to insure uniform evaluation. The RFP may also
contain options for additional services if the City so chooses, or allow
Proposers to suggest alternatives to the base services, and will request that
the Proposer provide alternatives that they feel would improve the services.
Task 5.6. Prepare the Franchise Agreement
EPC will prepare a draft of the Franchise Agreement for review by the City.
EPC will use the existing Franchise Agreement format. Following City review
and comment, EPC will make the appropriate changes to the Franchise
Agreement, and submit the Final Agreement to the City for distribution with
the RFP.
Task 5.7. Hold Proposers ConferencE: and Answer Proposers
Questions
Following the release of the RFP, EPC wi II plan and participate with City staff
in a meeting with potential Proposers to answer questions about the contents
of the RFP, and the services requested. EPC will prepare written responses
to the questions raised at the Proposers Conference, and will prepare written
responses to questions submitted in writing by potential Proposers following
the conference. The prepared response: will be provided to the City for
review and comment before being finali~:ed and distributed to the potential
Proposers.
Task 5.8. Evaluate Proposals Received
Prior to the Proposals being received, EPC will prepare an evaluation form to
be used by all members of the evaluation committee in ranking the
Proposals. EPC will serve on the Propos;~l evaluation committee. EPC will
evaluate the Proposals received, rank them, and make written
recommendations to the City for ProposE~rs to be interviewed. EPC will
prepare a list of questions to be asked of each Proposer to clarify their
Proposal. Responses to these questions would be required from the
Proposers either before or during their interview.
Task 5.9. Interview Proposers
EPC will participate in Interviews with Proposers. Following the interviews,
EPC will submit a written report evaluating each of the firms interviewed and
making a recommendation for award of ~~ontract.
Task 5.10. Negotiate with Favored Contractor
EPC will participate in negotiations with t:he successful Proposer, to the extent
necessary. This task is not expected to 1take many hours, as most of the
contract details will already have been rE~solved.
Task 5.11. Attend Meetings
Richard Gertman will attend a City Coun~~il meeting to present
recommendations for award of Contract.
EPC will participate in additional meetings as requested by City. These
meeting could include discussion of issuE~s with other staff, presentations to
community groups or neighborhood meetings, and additional presentations
to the City Council.
CUPERTINO
July 21, 2009
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3~?23 • FAX: (408) 777-3366
W EBSITE: www.cupertino.org
Environmental Planning Consultants
1046 West Taylor Street, Suite 208
San Jose, CA 95126
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Public Works
department at (408) 777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure