HomeMy WebLinkAboutAGENDA REPORT 2021 1103 CCSA REG ITEM 10DCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of November 3, 2021
ACTION APPROVED STAFF
RECOMMENDATION.
BY K. Spangler.
D. Consider Agreement with California Recycles, Inc. for Collection and
Transportation of Electronic and Universal Waste. Staff Recommendation:
Approve Agreement with California Recycles, Inc. for a not to exceed amount of
$115,000, and authorize the City Manager to sign the Agreement, subject to final
language approval of the City Manager. (Staff: Mackenzie Douglass, Program
Manager)
Item: 10.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Kambiz Borhani, Finance Director
BY: Mackenzie Douglass, Program Manager
DATE: 11/03/2021 Regular Meeting
SUBJECT: Consider Agreement with California Recycles, Inc. for Collection
and Transportation of Electronic and Universal Waste
SUMMARY
It is recommended that City Council approve an Agreement with California Recycles,
Inc. (California Recycles) to provide collection and transportation of Electronic and
Universal Waste services in support of the City’s E-Waste and Paper Shredding
events.
BACKGROUND AND DISCUSSION
The City of Moorpark currently holds three City E-Waste and Paper Shredding events
per year. These events are free to Moorpark residents and provide an opportunity to
dispose of materials such as batteries, electronics, fluorescent bulbs, and
paper in an environmentally responsible way. Additionally, the event helps the
City meet state-mandated solid waste diversion requirements.
Since the inception of E-Waste and Paper Shredding events, the City has partnered
with separate vendors to provide collection for Universal Waste (U-Waste) (such as
batteries and lightbulbs) and Electronic Waste (E-Waste) (such as televisions,
computers, and household electronics). Since 2019, the City has partnered with
Veolia ES Technical Solutions, LLC (Veolia) and California Recycles, Inc. to provide
Universal and Electronic Waste services, respectively.
As of 2020, the amount of waste (particularly batteries) collected has increased
sharply. As a result, the costs associated with the Universal Waste collection and
transportation components of the events have increased.
The current agreement with Veolia is set to expire on March 31, 2022. Staff prepared
and released a formal Request for Proposals (RFP) for both Electronic Waste and
Universal Waste collection and transportation services in July, 2021. Three
companies, California Recycles, Veolia, and E-Recycling of California, submitted
proposals prior to the closing
Item: 10.D.
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Honorable City Council
11/03/2021 Regular Meeting
Page 2
of the RFP on September 1, 2021. Veolia and California Recycles submitted proposals
for both E-Waste and U-Waste. E-Recycling of California elected to submit a proposal
for E-Waste disposal only. Pricing information collected during the RFP is compared
below.
Item Veolia
E-
Recycling
of CA
(ERoC)
California
Recycles
(CAR)
Typical
Quantity
of Items
per Event
Ext.
Total
Cost
Veolia
Ext.
Total
Cost
ERoC
Ext.
Total
Cost
CAR
Cathode Ray
Tube Monitors $0.90 $0.26 $0 50 $45 $13 $0
Flat Screen
Displays $0.90 $0.26 $0 200 $180 $52 $0
Laptops and
Similar Small
Electronics
$0.62 $0.26 $0 50 $31 $13 $0
CPUs $0.62 $0.18 $0 150 $93 $27 $0
Fluorescent
Lights <4' $0.45 N/A* $0.85 100 $45 N/A* $85
Fluorescent
Lights >5' $0.87 N/A* $1 100 $87 N/A* $100
CFLs $0.88 N/A* $1.50 250 $220 N/A* $375
Alkaline Cells $0.99 N/A* $1.25 3000 lbs. $2970 N/A* $3750
Button Cells $6.70 N/A* $2.65 200 lbs. $1340 N/A* $530
Mobilization
Fee $975 $1750 $1050 1 $975 $1750 $1050
Total Est. Cost
Per Event N/A N/A N/A N/A $5986 $1855* $5890
* E-Recycles of California did not submit pricing information for Universal Waste items.
In order to avoid duplication of mobilization costs, City staff recommends awarding both
contracts for E-Waste and U-Waste to one vendor. Staff has been pleased with the
performance of both Veolia and California Recycles to date. While California Recycles
proposes to charge somewhat higher rates for certain types of U-Waste, they are
proposing to charge the City a flat rate of $0 for E-Waste, which offers a level of
predictability to the E-Waste element of the event costs. Overall, California Recycles is
the apparent low bidder.
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Page 3
FISCAL IMPACT
Funding for E-Waste and U-Waste collection and transportation has been included in the
Fiscal Year 2021/22 adopted budget. Staff anticipates that current funding levels will be
sufficient to cover expenses incurred for the two events remaining in this fiscal year; No
additional appropriation is being requested.
Staff is recommending a term of Agreement extending to December 31, 2026, covering
a total of 15 events, for an amount not-to-exceed $115,000. The funding for events
occurring in Fiscal Year 2022/23 and beyond will be appropriated during the
corresponding annual budget development.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Agreement with California Recycles, Inc. for a not to exceed amount of
$115,000, and authorize the City Manager to sign the Agreement, subject to final
language approval of the City Manager.
Attachment: Agreement
105
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
CALIFORNIA RECYCLES, INC.
FOR SHIPPING AND PROCESSING USED HOUSEHOLD BATTERIES,
COMPACT FLUORESCENT LIGHTS, FLUORESCENT TUBES, AND ELECTRONIC
WASTE COLLECTION AND TRANSPORT
THIS AGREEMENT, made and effective as of this _________ day of November,
2021, between the City of Moorpark, a municipal corporation (“City”) and CALIFORNIA
RECYCLES, INC. a corporation (“Consultant”). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for Electronic Waste and Universal Waste,
collection and transportation services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated September 1,
2021, which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to December 31,
2026, unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide Electronic and Universal Waste collection and
transportation services, as set forth in Exhibit C. In the event there is a conflict between
the provisions of Exhibit C and this Agreement, the language contained in this
Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of one hundred fifteen thousand dollars ($115,000.00), without a written
amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
ATTACHMENT
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3.PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4.MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Oriel Rechtman, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5.PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, based upon
actual number of events completed and number of items collected and transported. This
amount shall not exceed one hundred fifteen thousand dollars ($115,000.00) for the
total term of the Agreement unless additional payment is approved as provided in this
Agreement.
Consultant shall not be compensated for additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. The City Manager, if authorized by City Council, may approve
additional work not to exceed ten percent (10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Consultant’s fees or expenses it shall give written notice to Consultant
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
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 Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant 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.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or the City Manager’s designee determines that the
Consultant is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Consultant a written notice of
the default. The Consultant shall have thirty (30) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. In the event that
the Consultant fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred fifty dollars ($150.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
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above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance of its obligations under this Agreement or out of the
operations conducted by Consultant, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Consultant’s performance of this Agreement,
the Consultant shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
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obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
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14.ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Consultant shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15.UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
17.CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
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the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Managing Director
California Recycles, Inc.
18351 Eddy Street, Unit B
Northridge, CA 91325
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant’s legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
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enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
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29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CALIFORNIA RECYCLES, INC.
__________________________________ __________________________________
Troy Brown, City Manager Orie Rechtman, Managing Director
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG
2037 with edition acceptable to the City. Consultant also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
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California Recycles, Inc. Page 12 of 14
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant 90
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
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California Recycles, Inc. Page 13 of 14
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
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California Recycles, Inc. Page 14 of 14
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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SCOPE OF SERVICES
AND PRICING
The City of Moorpark collects electronic waste at three public drop-off events each year.
Additionally, the City collects small amounts of electronic waste dumped at City facilities, such
as parks and sidewalks. All materials are collected at the Moorpark Public Services Facility,
located at 627 Fitch Avenue, Moorpark, CA 93021. Electronic waste is defined in
22 CCR§ 66273.9, including but not limited to computers, televisions, VCRs, stereos, copiers,
fax machines, and other "covered electronic devices" as defined in Public Resources Code
Section 42463.
The City is currently looking to award an agreement for a five (5) year term to vendor that
can provide shipping and processing services for the electronic waste materials collected.
Typically, the City holds a collection event on the third Saturday of January, May, and
December of year, unless the Saturday falls within a holiday weekend. Each event requires a
crew working one full day on-site at the Moorpark Public Service Facility.
The selected vendor will be asked to perform the following services:
1)Unload electronic waste from participants' vehicles as they drive through the
collection location. This may include bringing Universal Waste items, also collected
at the event, to a table staffed by City employees who are present to collect
Universal Waste.
2}Prepare all electronic waste for shipping.
3)Provide appropriate shipping containers for all waste types, if needed.
4)Transport all collected waste to facilities for recycling or proper disposal, as
appropriate for the waste type.
5)Comply with all state and federal applicable regulations, including safety regulations,
and maintain all necessary licenses, permits, and certifications required to complete all
work.
Your firm is being asked to provide a quote to provide the above services for the term of
the agreement, based on the estimated quantities of waste collected for shipping and
processing listed below.
FIRM NAME:California Recycles Inc.
CONTACT PERSON: Orie Rechtman for-President direct line 818 465 1295 and Caroline
Cuadra Office Manager for scheduling
PHONE: 818 886 0800 x 100 E-MAIL: orie@4service.com
caroline@californiarecycles.com
EXHIBIT B
120
The collection events begin at 9:00 and end at 2:00, and the collection vendor must be onsite
no later than 8:45, ready for collection, and vacate the facility after restoring the collection area to
the condition it was in previous to the beginning of the collection event, no later than 4:00. The
tentative schedule during the term of the agreement is:
The following quantities represent an average of collected material and participants from 2018
and 2019 events (average from six events and the quantity represents what may be collected
during a one-day event):
Item Quantity Proposed Cost
1. Electronic Waste 325 cars/16,650 lbs $0
2. CRTs 150 $0
3. Universal Waste Battery and lamps collection and handling $155.00
4. Mobilization/Transport Per Day On-Site $895. 00
Demobilization/ Freight Staff, California Recycles will provide 5-6 employees arriving with 2x 26' box
truck and 1 x16'box truck
TOTAL COST TO CITY OF MOORPARK PER EVENT $1,050.00
THIS QUOTE IS VALID FOR 90 DAYS COMMENCING ON SEPTEMBER 1st 2021
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cari?oifit"
Recycles
Recycte, Wurbtsh, Reuse
Lamp & Battery Recycling
**DuetoD.o.T.Regu|ations,a||A|ka|ine,PrimaryLithiumanm
must have their Terminals taped or be individually bagged. Any Lithium bafteries
that do not conform to this regulation will incur a $1.00 per pound fee**
Please Note:
We do not accept Lamp & Battery drop offs - Pick up service only
Fees for lamps based on load - large loads start at $100.00 /pick up fee
(Pick up & processing fees are separate)
Fees for batteries based on load - large loads start at $1s0 plus poundage
Galifornia Recycles, lnc 18351 Eddy st., Unit ts Northridge, cA 91325 Bia-BB6-0800 phone 818-886-0500 fax
Lamps Price Per ltem
Fluorescent lamps 4'and under $0.85
Fluorescent lamps 5'and over $1.00
Gircular, compact and U-shape lamps $1.50
Metal Halide, HlD, Mercury Vapor Lamps and Halogen $2.20
Incandescent $1.75
Broken Lamps $2.20
4' box for shipping $15.00 Plus Shippinq
8' box for shipping $20.00 Plus Shippinq
Note: Larnps that are taped together will be charg
Ballast / Capacitors Price Per LB
Non-PCB Ballast $0.55
Unknown Ballast No charge
Capacitors $1.00
Dry Gell Batteries Recycling Price Per LB
Alkaline: Zero Mercury Added $1.25
Nickel Cadmium No charge
Nickel Metal Hydride No charge
Mercury Batteries $4.65
Zink Air With Mercury $4.65
Lithium Primary $3.50
Lithium lon No charqe
Button Cells $2.65
Lead Acid Gel $0.15
122
CITY OF MOORPARK
REQUEST FOR PROPOSALS FOR
UNIVERSAL AND ELECTRONIC WASTE
COLLECTION, TRANSPORTATION &
DISPOSAL
RFP Submittals Due By:
September 1, 2021
AT 4:30 P.M.
City of Moorpark
Solid Waste Division
Attn: Mack Douglass, Program Manager
799 Moorpark Avenue
Moorpark, California 93021
EXHIBIT C
123
INTRODUCTION
The City of Moorpark (“City” or “Moorpark”) is seeking to
partner with a qualified firm (“Vendor”) to support the City’s
thrice annual E-waste and Paper Shredding Events
(“events”) by collecting and transporting electronic waste
(“E-waste)” and universal waste (”U-waste”).
These periodic collection events typically occur on the third
Saturday in January, May, and September of each year
and are held at the City’s Public Service Facility, located
at 627 Fitch Ave, Moorpark, CA, 93021.
The City uses an appointment-only model to regulate
traffic at the events. Typically, each event is limited to 360
vehicles. City staff manage the appointment process and
provide day-of on-site event support and management.
Each event runs from 9:00 a.m. to 2:00 p.m. The Vendor
shall specify in its proposal the full hours of operation that the Vendor will need to perform
all necessary duties on site. Unless otherwise negotiated with the Contractor, advertising
for the events and staffing to collect surveys at the events will be managed by the City of
Moorpark. The City of Moorpark will provide for the collection of miscellaneous trash and
recyclable material during each event.
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SCOPE OF WORK
The Contractor will collect E-waste and Universal Waste, provide all laborers,
collection/storage units, supplies and equipment needed to manage all E-waste and
Universal Waste materials collected at the event, package and transport the materials to
a designated and duly licensed recycling facility, dismantle or arrange for the dismantling
of each unit for recycling, and arrange for the recycling of each component part.
The Contractor will be responsible for the provision of safe disposal of E-waste and
Universal Waste during and after the event. The Contractor will be responsible for the
clean-up of the event location, leaving the location in pre-event condition. All collected
material is to be removed from the site by end of day of each event. The Contractor will
be responsible for damages to the selected site if such damage occurs as a result of their
collection or handling operations of E-waste and Universal Waste on the site of the event.
Materials Collected
The Contractor shall be required to accept the following:
Electronic waste (E-waste), including: video display devices, (CRTs, LCDs, plasma
screens, televisions, computer monitors, projector televisions, and broken CRTs);
personal computer units, printers, VCRs, DVD players, answering machines,
radios, fax machines, cell phones, tablets, video game consoles, and telephones.
Contractor should detail any restrictions on acceptance of materials.
Universal waste (U-waste), including: all household batteries, (including alkaline,
lithium, nickel cadmium, nickel metal hydride, lithium ion, and other household
batteries), and all types of light bulbs (including Fluorescent tubes, including
circular, u-tube, compact fluorescent lamps, high and low pressure sodium lamps,
neon lamps, LEDs, HIDs, incandescent lamps, and halogens). Household
batteries do not include automotive batteries. Contractor should detail any
restrictions on acceptance of materials.
Authorized Collector
The Contractor must be registered with the California Integrated Waste Management
Board (CIWMB) as an authorized e-waste collector and have notified the Department of
Toxic Substances Control as an electronic waste handler. The Contractor will act as the
agent for the City of Moorpark and must either be certified with the CIWMB as an
authorized e-waste recycler or use a CIWMB certified e-waste recycler. All e-waste and
other universal waste management, processing, and treatment must be handled in
compliance with Title 22 California Code of Regulations Chapter 23 commencing with
section 66273.1. In addition, all video display devices shall be managed in compliance
with the Covered Electronic Waste Recovery and Recycling Payment System (Payment
System) provided by California’s Electronic Waste Recycling Act of 2003 (the Act), as
amended, (Chapter 8.5, of Part 3 of Division 30 of the Public Resources Code,
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commencing with Section 42460, and Article 10.3, of Chapter 6.5 of Division 20 of the
Health and Safety Code, commencing with Section 25214.9) and Title 14 of the California
Code of Regulations (CCR), Division 7, Chapter 8.2, commencing with Section 18660.5).
Certificates of Recycling
Certificates of Recycling must be provided for all materials and include the following:
The name and address of the processing facility, date of processing, identification
of the waste material, and management/processing technique utilized.
States that the contractor assumes title and ownership for all electronic equipment
collected.
Contractor will be required to provide specific reporting details agreed upon with the City
of Moorpark 30 days following each collection event.
Additional Requirements
The Contractor will be required to include the vehicles proposed for transport of materials,
proposed packaging and vehicle loading requirements. It should also specify the
processing facilities to which materials will be shipped, and describe the methods to be
employed in processing, such as testing, disassembling, salvage, sorting, shredding,
crushing and repackaging and the final disposition of the materials handled and the
method of auditing the actual flow of materials.
INSTRUCTIONS TO VENDORS
Questions Regarding this RFP
Any questions or requests for interpretation or clarification, either administrative or
technical, about this RFP must be submitted in writing to Mack Douglass, Program
Manager, at mdouglass@moorparkca.gov prior to 11:00 A.M., September 1, 2021. Oral
statements concerning the meaning or intent of the contents of this RFP by any person
is unauthorized and invalid. The City will not be responsible for any other explanation or
interpretation of the RFP, or for any oral instructions. Any contact with City personnel
other than identified above regarding this RFP may disqualify a Contractor.
Clarification Statements
For clarification purposes, the words “Contractor,” “Vendor”, “Vendor”, “Supplier”,
“Company”, “Proposer” and “Bidder” shall be read to be one and the same. The words
“Contract” and “Agreement” shall be read to be one and the same. The words “Bid”,
“Quote”, and “Proposal” shall be read to be one and the same. “City of Moorpark” and
“City” shall be read to be one and the same. “Request for Proposal” and “RFP” shall be
read to be one and the same.
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No Contact Policy
After the date and time established for receipt of proposals by the City, any contact
initiated by any Vendor with any City representative, other than the representative listed
herein, concerning this Request for Proposals is prohibited. Any such unauthorized
contact may cause the disqualification of the Contractor from this procurement
transaction.
Proprietary Material
Contractors are advised that all information contained in proposals submitted in response
to this solicitation may be subject to the California Public Records Act (Government Code
§6250 et. seq.), and information’s use and disclosure are governed by this Act. Any
information deemed confidential or proprietary should be clearly identified as such. It may
then be protected and treated with confidentiality only to the extent permitted by state law.
Completion of Proposal
Proposals shall be completed in all respects as required by this RFP. A Proposal may be
rejected if conditional or incomplete, or if it contains any alterations or other irregularities
of any kind, and will be rejected if any such defect or irregularity can materially affect the
quality of the proposal. Proposals which contain false or misleading statements may be
rejected. If, in the opinion of the City’s selection committee, such information was intended
to mislead the City in its evaluation of the Proposal, and the attribute, condition, or
capability is a requirement of this RFP, the Proposal will be rejected. Statements made
by a Contractor shall also be without ambiguity, and with adequate elaboration, where
necessary, for clear understanding. Unauthorized conditions, exemptions, limitations, or
provisions attached to a Proposal will render it non-responsive and may cause its
rejection. The Contractor, in responding to this RFP, must submit Proposals in the format
identified in this RFP. The Proposal must address all requirements of the RFP even if a
“no response” is appropriate. Costs for developing Proposals are entirely the
responsibility of the Contractor and shall not be chargeable to the City. Only one Proposal
is to be submitted by each Contractor. Multiple Proposals will result in rejection of all
Proposals submitted by the Proposer.
Proposal Format and Content
Proposals must be typed and arranged/divided in the following sequence to facilitate
evaluation. Proposals shall adhere to the following format for organization and content:
1. Proposal
The proposal shall not exceed a total of 12 single-sided, 8.5” x 11” pages. An intended
form of agreement should be included as an appendix. Include one (1) original and three
(3) copies of the Proposal in your submittal package. An electronic copy of the Proposal
in .pdf format must also be submitted via email to mdouglass@moorparkca.gov.
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Proposals should be mailed in a manila envelope, clearly marked “City of Moorpark E-
waste RFP”, and addressed to:
City of Moorpark
c/o Mack Douglass
799 Moorpark Ave.
Moorpark, CA
93021
2. Transmittal Letter
The proposal shall be transmitted to the City with a cover letter describing the Contractor’s
commitment and ability to supply the proposed service. The letter shall state that the
proposal shall be valid for a 90-day period and should include the name, title, address,
telephone number, and email address of the individual to whom correspondence and
other contacts should directed during the selection process. The person authorized by
the Contractor to negotiate a contract with the City shall sign the cover letter. Address the
cover letter as follows: Mack Douglass, Program Manager, City of Moorpark, 799
Moorpark Avenue, Moorpark, CA 93021. Also include in the transmittal letter the legal
name of the firm, the year established, the firm’s address, and telephone number.
3. Signature Sheet
This sheet is provided in this RFP. Complete every line of this document and include it in
your Proposal package.
4. Understanding of Requirements
This section of the proposal shall clearly convey the Vendor understands the City’s
requirements, and its ability to meet to overall requirements outlined in Exhibit A, and
Insurance Requirements located in Sample Agreement, Exhibit B. In the response, please
be sure to describe your qualifications and experience as an electronic waste recycler.
Provide your CEWID#. Also, please list in detail the collection services to be provided and
provide a list of materials accepted. Please describe in detail, the final destination/markets
for collected items. In addition, please also address the following:
Will any of the items collected be recycled or reused?
How are collected hard drives to be handled?
List any materials which are sent to landfill, or sent overseas for processing
5. References
Include at least three references (name, company name, email, and current phone
number) from organizations currently using the Contractor’s Electronic and Universal
Waste Transportation and Recycling Services. Preferred references would include cities
or counties using the proposed service.
6. Pricing
Include a pricing schedule which clearly shows items, prices (per lbs.), and any charges
for services. The cost proposal shall be submitted in a separately sealed envelope and
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will not be opened until the vendor’s proposals have been ranked based on their
qualifications.
Costs for E-waste and U-waste categories as outline above must be prepared and
listed separately.
7. Other
List any other information that might aid in our selection.
Errors and Omissions
If prior to the date fixed for submission of Proposals, a Contractor discovers any
ambiguity, conflict, discrepancy, omission, or other error in this RFP or any of its
appendices or exhibits, s/he shall immediately notify the City of such error in writing and
request modification or clarification of the document. Modifications shall be made by
written Addenda to the RFP. Interested contractors may submit request for clarifications
in email or writing. The City will compile all requests and provide responses in written
format to all vendors who have furnished or requested an RFP. If the contractor fails to
notify the City, prior to the date fixed for the submission of Proposals, of an error in the
RFP known to the vendor, or an error that reasonably should have been known to the
vendor, vendor shall submit its Proposal at his/her own risk, and if Contractor is awarded
a Contract, Contractor shall not be entitled to additional compensation or time by reason
of the error or its later correction.
Subcontractors
The Proposer may utilize the services of subcontractors on those parts of the work which,
under normal contracting practices, are performed by specialty subcontractors. Unless a
specific subcontractor is listed by the Proposer, Proposer is representing to City that
Proposer has all appropriate licenses, certifications, and registrations to perform the work
hereunder.
Addenda to Proposal
The City may modify the RFP, any of its key actions, dates, or any of its attachments,
prior to the date fixed for submission of Proposals by issuance of an Addendum to
potential Contractors. Such Addendum shall also be posted on the City’s website.
Proposer shall acknowledge receipt of all Addenda in their Proposal. Any Addenda issued
during the time for submission of proposals will be made part of the Agreement.
Execution of Proposal
The full name, business address, zip code, and business telephone number (with area
code) of individual, partnership, joint venture, or corporation submitting a Proposal shall
be typewritten on the Proposal. The Vendor shall ensure that the Proposal is signed by
an authorized signatory. No stamped or facsimile signatures will be accepted. An
individual submitting a Proposal shall sign and give his/her name and address. A partner
shall sign for a partnership and the names, titles, and addresses of all partners shall be
given. A joint venture shall follow the same requirements. An authorized corporate officer
shall sign for a corporation, with corporate seal affixed, and the names, titles, and
addresses of all officers of the corporation shall be given. A signature other than a
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corporate officer’s will be accepted if an authenticated power of attorney or corporate
resolution is attached.
Withdrawal of Proposal
A Proposal may be withdrawn after its submission by written or facsimile request signed
by the Consultant or authorized representative prior to the time and date specified for
Proposal submission. Proposals may be withdrawn and resubmitted in the same manner
if done so before the Proposal submission deadline. Withdrawal or modification offered
in any other manner will not be considered.
Proposals Become the Property of the City
Proposals become the property of the City and information contained therein shall
become public documents subject to disclosure laws after the contract is awarded.
(Government Code Section 6250 et seq.). The City reserves the right to make use of any
information or idea contained in the Proposal. Proposer must notify the City in advance
of any proprietary or confidential materials contained in the Proposal and provide
justification for not making such material public. The City will have the sole discretion to
disclose or not disclose such material subject to state law. All materials, ideas, and
formats submitted in response to this RFP will become the property of the City upon
receipt.
Evaluation of Proposals
A committee of at least three staff shall evaluate all Proposals. All Proposals shall be
reviewed to verify that the Vendor has met the minimum requirements as stated in this
RFP. Proposals that have not met minimum content or quality standards, do not provide
references, or take unacceptable exceptions to the RFP will be rejected as non-
responsive. Proposals will be evaluated on the following criteria:
Responsiveness to the requirements
Overall quality of the proposal
Satisfaction of previous clients
Proposed cost to provide services
The most highly qualified Vendor shall then enter exclusive negotiations with the City to
formalize the Agreement. If the City cannot reach an agreement regarding the terms, then
the City will end negotiations with that Company and begin negotiations with the next
Company which best meets the needs of the City, and so on until the City can reach an
agreement with a qualified Company.
Rejection of Proposals
The City may reject any and all Proposals and may waive any immaterial deviation in a
Proposal. The City’s waiver of an immaterial defect shall in no way modify this RFP or
excuse the Proposer from full compliance with this RFP and/or Contract documents if
awarded the Contract. Proposals that include terms and conditions other than the City’s
terms and conditions may be rejected as non-responsive. The City may make
investigations as deemed necessary to determine the ability of the Proposer to perform,
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and the Proposer shall furnish to the City all such information and data for that purpose
as requested by the City. The City reserves the right to reject any Proposal if the evidence
submitted by, or investigation of, such Proposer fails to satisfy the City that the Proposer
is properly qualified to carry out the obligations of the Agreement and to complete the
work described therein.
Award of Contract
Award of Contract or rejection of Proposals will be made by the City within thirty (30)
calendar days following the Proposal due date, at which time the City will work with the
successful Proposer to develop the implementation plan and timeline. The City reserves
the right to modify the Award of Contract or rejection date as best meets the needs of the
City. The City reserves the right to reject any or all Proposals in response to this RFP in
the best interest of the City. The City further reserves the right to waive any informalities
or irregularities in the Proposals. The City shall not be liable for any cost incurred in
connection with the preparation and submittal of any Proposal. Award, if any, will be to
the Proposer whose Proposal best complies with the requirements of this RFP. The City
reserves the right to award the Contract as complete, or any part thereof, including any
and all schedules, locations, additive alternatives, or extra work.
Should successful bids for E-waste and U-waste collection and transportation services
be received from different Proposers, the City reserves the right to make a split contract
award.
Contract Term
The total term of the Agreement may extend for a period of five (5) years (a total of fifteen
events) with a two (2) one-year extensions. The Agreement may be extended for
additional terms upon mutual agreement in writing by both parties. Should the option to
renew for additional terms be exercised, the City and the Vendor may negotiate any and
all pricing increases and term length. Any decrease in costs to Vendor shall be passed
through to the City.
Contract Documents – Precedence
In submitting a Proposal, the Proposer agrees to enter into an Agreement with the City.
In the event of a conflict existing between documents, the following order of precedence
shall apply:
1. Agreement
2. Addenda, if any
3. City Request for Proposals
4. Vendor’s Response to the Request for Proposals
Execution of Agreement
After notification of intent to award Contract, the following Contract documents shall be
signed and returned to the City within ten (10) business days from the date the City mails,
or by other means, delivers said documents to the Proposer:
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Two (2) originals of the Agreement in the form agreeable to both parties, properly
executed by the Vendor.
Properly executed policies or Certificates of Insurance, including an Additional
Insured Endorsement for each policy in accordance with the Insurance
Requirements, Exhibit B.
No Agreement shall be binding upon the City until all documents are fully executed by the
Vendor and the City.
Failure to Execute the Agreement
Failure to execute the Agreement and furnish the required insurance, within the required
time period shall be just cause for the recession of the award. If the successful Proposer
refuses or fails to execute the Agreement, the City may award the Agreement to the next
qualified Vendor.
Cancellation
The City reserves the right to cancel this RFP at any time should it be deemed to be in
the best interest of the City. No obligation either expressed or implied exists on the part
of the City to make an award based on the submission of any Proposal.
Administrative Contact
Any questions regarding contractual terms and conditions, proposal format, overall
requirements, or insurance requirements shall be directed to: Mack Douglass, Program
Manager, via email at mdouglass@moorparkca.gov
Due Dates
All Proposals are due by 4:30 (4:29:59) P.M. on September 1, 2021. Any Proposal
received at the designated location after the required time and date specified for receipt
shall be considered late and non-responsive. It is the responsibility of the Proposer to
ensure that the Proposal is delivered to the place by the time specified in this RFP. Any
late Proposals shall be returned unopened.
Schedule of Events
The City reserves the right to modify the content or schedule of these events at any time,
for any reason.
Event Date
RFP Distribution 7/9/2021
Last Day to Submit Questions 8/28/2021
Last Day to Issue Addenda 8/31/2021
Proposal Due Date 9/1/2021
Proposal Evaluation by Committee 9/13/2021
Negotiation/Selection Process 9/17/2021
Notice of Intent to Award
10/20/2021
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ATTACHMENTS
ATTACHMENT 1: Signature Sheet
My signature certifies that the proposal as submitted complies with all terms and
conditions as set forth in this RFP. My signature certifies that this firm has no business
or personal relationships with any other companies or person that could be considered
a conflict of interest, or potential conflict of interest to the City of Moorpark, pertaining to
any and all work or services to be performed as a result of this request and any
resulting Contract with the City.
The Vendor hereby certifies that it has:
Read each and every clause of this RFP.
Included all costs necessary to complete the specified work in its proposed prices.
Agreed that if it is awarded the Contract, it will make no claim against the City based
upon misunderstanding of any provision of the Agreement. Should conditions turn out
otherwise than anticipated by it, the Vendor agrees to assume all risks incident thereto.
I hereby certify that I am authorized to sign as a Representative for the Firm:
Name of Firm:__________________________________________________________
Address:______________________________________________________________
Federal ID No:__________________________________________________________
Name (type/print):_______________________________________________________
Title:__________________________________________________________________
Telephone:___________________________Fax:___________________________
Email:_______________________________Date:__________________________
To receive consideration for the award, this signature sheet must be returned with the
Proposal.
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ATTACHMENT 2: STATEMENT OF WORK
Statement of Work
This section describes the services sought by the City of Moorpark for electronic waste
collection, transport and processing for Electronic and Universal Wastes collected at
various point throughout the City, and picked up at the City’s periodic E-Waste events.
Description of Services
The City of Moorpark is seeking proposals from approved recyclers for the
transportation and recycling of Electronic Wastes and Universal Waste. The City seeks
to partner with a company that is an Approved Collector in the Covered Electronic
Waste (CEW) Recovery and Recycling Payment System.
The services to be performed under the Agreement will include the following tasks and
any modifications agreed to during the contract negotiation process. The Proposer shall
include responses to each Task category below to be included in the evaluation of the
Proposals.
Materials Accepted
The contractor shall be required to accept all electronic waste including but not limited
to: computer monitors, laptop computers, TVs, console TVs, projector TVs, flatscreen
TVs, Printers/Copiers/Fax/Scanners, CPUs, PDAs, Cell Phones, Servers, keyboards,
answering machines, AC units, cable boxes, camcorders, cameras, CD players, DVD
players, copiers, duplicators, electronic typewriters, fax machines, hard drives, modems,
microwave ovens, pagers, printers, radios, remote controls, scanners, stereos, tape
players (cassette and 8-track), telephones and VCRs.
The contractor shall be required to accept all universal waste, including but not limited
to: all household batteries, (including alkaline, lithium, nickel cadmium, nickel metal
hydride, lithium ion, and other household batteries), and all types of light bulbs
(including Fluorescent tubes, including circular, u-tube, compact fluorescent lamps, high
and low pressure sodium lamps, neon lamps, LEDs, HIDs, incandescent lamps, and
halogens). Household batteries do not include automotive batteries.
Furthermore, Proposer should detail any restrictions on acceptance.
Containers
The successful Proposer shall provide containers for collection of electronic waste and
universal waste. The Proposer may choose to designate the type of containers to be
placed at the City of Moorpark Public Service Facility during the City’s Electronic Waste
and Shredding events.
The containers should not exceed the dimensions of a 40 yard roll off container 22 ft.
long by 8 ft. wide by 8 ft. height.
Truck Loading
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The successful Proposer shall be responsible for loading all electronic and universal
wastes collected onto successful Proposer’s trucks. In the Proposal, detail any specific
truck loading requirements.
Scheduling
The successful Proposer shall work with City of Moorpark Solid Waste Division staff,
who will schedule all E-waste and Shredding Events. The dates of scheduled events are
subject to change, but are generally anticipated to occur as follows:
Year Month Day
2022 January 22
2022 May 21
2022 September 17
2023 January 21
2023 May 20
2023 September 16
2024 January 20
2024 May 18
2024 September 21
2025 January 18
2025 May 17
2025 September 20
2026 January 17
2026 May 16
2026 September 19
Reporting
The successful Proposer shall provide a copy of the Bill of Lading and a certificate of
recycling for each shipment with monthly payments. Proposer shall provide downstream
chain-of-custody reports.
Recycling Process
Proposer shall describe the recycling process for electronic waste and universal waste.
E-waste Event Staffing and Support
The Proposer shall furnish all personnel, collection containers and transportation,
required to collect pack and remove e-waste from the premises during the event.
Other Considerations
Preference will be given to Proposers who have obtained environmental, health and
safety certifications and who uphold the highest social and environmental standards in
their business practices. Preference will be given to Proposers that:
Have an Environmental Management System in place,
Be certified as meeting the E-Stewards standard of the Basel Action Network
(BAN), or similar standard.
Follow the principles of the Basel Action Network (BAN) E-Stewards standard.
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The Proposer shall:
Receive and process all materials in the ‘as-is’ condition, with no guarantees or
warranties as to the value or functional, usable condition of the materials. Material may
be mixed and require separation prior to processing.
Separate the materials into their base commodities for economic
recycling/recovery/disposal. Actual processing methods for individual materials will
depend on the type of electronic scrap received and the current end markets for the
units or recovered materials
Use best efforts to recycle all equipment, materials and any elements, metals, plastics,
chemicals and/or compounds, particularly hazardous substances thereof, and to
minimize landfills and/or incineration disposal of equipment and/or materials.
Have all licenses and permits required by local, state, and federal agencies.
Represent, warrant, and covenant that all material that is not recovered, refurbished,
repaired or recycled by Vendor will be properly disposed of, and that such disposal will,
at a minimum, be in compliance with and will not result in liability under all
environmental Laws and any and all other local, state or federal, regional or country
laws, regulations or requirements of any kind relating to the disposal of materials.
The Vendor shall take title to and sole custody of the electrical equipment when the task
of loading has been completed and the shipping papers have been approved and
signed by a City of Moorpark Solid Waste Division representative.
Provide a process that destroys the function of all received assets (e.g. memory
devices) that are not resold as to render the value from function negligible and the part
unusable and un-repairable, and assures that no data on any media can be recovered.
Agree to keep appropriate written records of its material management at its processing
facility in order that City may, if upon request, audit those records to ensure that such
materials were handled, stored, labeled, shipped, and disposed of properly. List each
facility and transporter to be used in fulfilling this contract, and identify whether each
facility is contractor-owned and operated.
Collection Event Location:
City of Moorpark Public Service Facility, 627 Fitch Avenue, Moorpark, CA 93021.
Should this facility be unavailable for any reason, City reserves the right to modify the
location of the events.
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ATTACHMENT 3: Sample Professional Services Agreement and Insurance
Requirements
SAMPLE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
_________________________________ FOR COLLECTION, SHIPPING, AND PROCESSING
OF UNIVERSAL, HAZARDOUS, OR ELECTRONIC WASTE
THIS AGREEMENT, made and effective as of this _________ day of
________________________, 2021, between the City of Moorpark, a municipal
corporation (“City”) and ______________________, a ___________ (“Consultant”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for collection, shipping, and processing of Universal,
Hazardous, and or Electronic Waste services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated
_______________________, which is attached hereto as Exhibit _____.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit ___, or
__________________, 2026 unless this Agreement is terminated or suspended pursuant
to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide collection, shipping, and processing services for universal, hazardous,
and electronic waste collected at various locations throughout the City, including at the
City’s E-waste and Paper Shredding Events, as set forth in Exhibit ___. In the event there
is a conflict between the provisions of Exhibit ___ and this Agreement, the language
contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit ___.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in ________________________.
Compensation for the services to be performed by Consultant shall be in
accordance with ______________________. Compensation shall not exceed the rates
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or total contract value of _________________________________ dollars
($_________.__) as stated in ____________________, without a written amendment to
the Agreement executed by both parties. Payment by City to Consultant shall be in
accordance with the provisions of this Agreement.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be _________________________, and no other individual may
be substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in ______________, based upon
actual time spent on the above tasks. This amount shall not exceed
__________________________ dollars ($_______.__) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. The City Manager, if authorized by City Council, may approve
additional work not to exceed ten percent (10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager. If the City disputes any of
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Consultant’s fees or expenses it shall give written notice to Consultant within thirty (30)
days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
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 Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant 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.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Consultant will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
If the City Manager or the City Manager’s designee determines that the Consultant
is in default in the performance of any of the terms or conditions of this Agreement,
designee shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have thirty (30) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant fails
to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
8. LIQUIDATED DAMAGES
Liquidated damages have been intentionally removed from this agreement.
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9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City, at
the Consultant’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all causes
of action, claims, liabilities, obligations, judgments, or damages, including reasonable
legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s
performance of its obligations under this Agreement or out of the operations conducted
by Consultant, including the City’s active or passive negligence, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. In the event the
City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees
their costs of defense, including reasonable legal counsels’ fees incurred in defense of
such claims.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any other
person or entity involved by, for, with, or on behalf of Consultant in the performance of
this Agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
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This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Consultant and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit ___ attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers, employees, or agents of
the City. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
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14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Consultant shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly from Consultant, or any officer, employee or
agent of Consultant, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subconsultant. Consultant further
covenants that Consultant has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Consultant and/or its
subconsultants shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
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18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: ___________________
___________________
___________________
___________________
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant’s legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights, obligations, duties,
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and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
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29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK __________________________________
__________________________________ __________________________________
Troy Brown, City Manager _____(Name)_________________(Title)_
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use existing
coverage to comply with these requirements. If that existing coverage does not meet
requirements set forth here, Consultant agrees to amend, supplement or endorse the existing
coverage to do so. Consultant acknowledges that the insurance coverage and policy limits
set forth in this section constitute the minimum amount of coverage required. Any insurance
proceeds available to the City in excess of the limits and coverage required in this Agreement
and which is applicable to a given loss, will be available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial
General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid
in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured
against another. Limits are subject to review but in no event less than $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
Consultant or Consultant’s employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability for each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Coverage shall
be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits.
Policy shall contain a provision obligating insurer at the time insured’s liability is determined,
not requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to the City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval by the City following
receipt of proof of insurance as required herein. Limits are subject to review but in no event
less than $1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a
minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant
and the City agree to the following with respect to insurance provided by Consultant:
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1. Consultant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds the City, its officials, employees, and
agents, using standard ISO endorsement CG 2010 and CG 2037 with edition
acceptable to the City. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant’s employees, or agents, from waiving the right to
subrogation prior to a loss. Consultant agrees to waive subrogation rights against the
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or applicable
to this Agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operation
limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements
if they include limiting endorsement of any kind that has not been first submitted to the
City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called “third party action over” claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect the City’s protection without the City’s prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or prior
to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled or reduced at any
time and no replacement coverage is provided, the City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any
other Agreement and to pay the premium. Any premium so paid by the City shall be
charged to and promptly paid by Consultant or deducted from sums due Consultant,
at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any
cancellation or reduction of coverage. Consultant agrees to require its insurer to
modify such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation or reduction of coverage imposes no
obligation, or that any party will “endeavor” (as opposed to being required) to comply
with the requirements of the certificate.
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9.It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply first
and on a primary, non-contributing basis in relation to any other insurance or self-
insurance available to the City.
10.Consultant agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Consultant, provide the same
minimum insurance required of Consultant. Consultant agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in the Work will
be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer, or other entity or
person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time, the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-
insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant 90 days
advance written notice of such change. If such change results in substantial additional
cost to the Consultant, the City will negotiate additional compensation proportional to
the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
14.Consultant acknowledges and agrees that any actual or alleged failure on the part of
the City to inform Consultant of non-compliance with an insurance requirement in no
way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15.Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to this
Agreement. This obligation applies whether or not the Agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until the City
executes a written statement to that effect.
16.Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from Consultant’s
insurance agent to this effect is acceptable. A certificate of insurance and/or additional
insured endorsement as required in these specifications applicable to the renewing or
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new coverage must be provided to the City within five days of the expiration of
coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to the City, its
employees, officials, and agents.
18.Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits, or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and
is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this Agreement and are intended by the parties here to be interpreted as
such.
20.The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21.Consultant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or Consultant
for the cost of additional insurance coverage required by this Agreement. Any such
provisions are to be deleted with reference to the City. It is not the intent of the City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against the City for payment of premiums or other amounts with
respect thereto.
22.Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor
the handling of any such claim or claims if they are likely to involve the City.
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