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04-052 Environmental Planning ConsultantsJ ~. ,~ AGREEMENT ~~~ ,t CITY OF CUPERTINO 10300 Torre Avenue ~j~y pl /~ j' ~~ (~- Cupertino, CA 95014 ` "`~ C U P S ITT I N (408) 777-3200 ~ f BY THIS AGREEMEN T, made and entered into on the 21st by and between the C ITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) F.NVTRON NT1a.NTAT. PT.ANNTNG CnNSii .T NTS _ (2) Address 1885 THE ALAMEDA, STE. 120 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: CONSULTING SERVICES FOR CITY'S SOLID WASTE & RECYCLING PROGRAMS EXgHEIBEITAST: The following apttached~exghiIbits hereby are made part of 1:his Agreement: TERMS: Tfie serHv~ices andToEma~erlaTs~furns hed under this AgreemE~nt shall commence on JULY 26,~ 2004 and shall be completed before .TtTnTF. ~n~ ~Q05 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $24,000.00 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 harmless the City, its officers, agents and employees from any and all damage and liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liab~for acts of Contractor in performing services described herein. due to negli ence, erros and omissions Insurance: Should the ~ity 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 the 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 LAVENIA MILLAR This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CON ~O/R• By r r/ 7 ~ Title ~S T Soc. Sec. # APPROVALS ~~ CITY OF CUPERTINO: E3y "title ~ 1.XPENDITURE DISTRIBUTION •.Q~ H A AT ~\ ACCOUNT NUMBER AMOUNT Y (' CITY RK DATE 9" O 520-8003-7103 $24,000.00 NO. day of JULY , 20 04 , DEPARTMENT PUBLIC WORKS White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department July 21, 2004 EXHIBI'C "A" Scope of V`~ork for ENVIRONMENTAL PLANNING CONSULTANTS The scope of work for Environmental Planning Consultants shall include the following services: 1. City's single stream, weekly recycling program: • Provide technical assistance for the development and implementation of the program. • Provide technical support for the development and review of the franchise amendment. • Assist with Program Scheduling. • Develop and provide public education a.nd information. • Assist with operational procedures. 2. Green Business Program: • Identify City's responsibilities and associated costs. • Prepare. agreement describing County services and City responsibilities. • Upon Council approval, provide services on behalf of the City for certification and any other City responsibilities. 3. Business Trash and Recycling Guideline~~: • Prepare final document for businesses on garbage and recycling requirements, space allocation, bin sizes, etc. 4. Other technical assistance as needed. Hourly rates for the consultants are attached. Environmental Planning Consultants 1885 The Alameda, Suite 120 San Jose, CA 95126 Voice 408-249-0691 Fax 408-249-0681 richard@environplan, com EPC COMPENSATIOr~' RATE SCHEDULE PRINCIPAL SR. SOLID WASTE SPECL~I.IST SOLID WASTE SPECIALIST RESEARCHER TECHNICAL/OFFICE SUPPORT DIRECT EXPENSES AT COST AUTOMOBILE MILEAGE AT $0.34 PER MILE SUBCONSULTANTS AT COST PLUS 15% $i25.oo per Hour $ioo.oo per Hour $75.0o per Hour $50.00 per Hour $35.00 per Hour Effective i/1/o4; subject to revision