Resolution No. 2011-100RESOLUTION NO. 2011-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACCEPTING THE BID OF CONSOLIDATED DISPOSAL
SERVICE, LLC AND APPROVING AND AUTHORIZING THE
EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF VERNON AND CONSOLIDATED DISPOSAL
SERVICE, LLC FOR REFUSE COLLECTION, RECYCLING AND
DISPOSAL SERVICES
WHEREAS, on February 1, 2011, the City Council of the City
of Vernon adopted Resolution No. 2011-12 authorizing the issuance of a
request for proposals for refuse collection, recycling and disposal
services for Vernon City Hall, City Apartments, Recycling Center,
Light & Power, Petrelli Electric, Fire Stations and City Housing (the
"Services"); and
WHEREAS, by a memorandum dated June 6, 2011, the Director of
Community Services & Water has recommended that the City accept the
bid of Consolidated Disposal Service, LLC ("Consolidated") and enter
into a services agreement with Consolidated setting forth the terms
and conditions under which Consolidated will perform the Work (the
"Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1; The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with Consolidated Disposal Service, LLC, a copy
of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to:
Consolidated Disposal Service, LLC
Attention: Kurt Bratton, Area President
12949 Telegraph Road
Santa Fe Springs, CA 90670
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
ATT
will
APPROVED AND ADOPTED this 21st day of June, 2011.
Name: Hilario Gonzales
Title: Mayor /
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-100, was duly passed, approved and adopted by the City
Council of the City of Vernon at a regular meeting of the City Council
duly held on Tuesday, June 21, 2011, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of June, 2011, at Vernon, California.
(SEAL)
W llard G. guc City Clerk
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EXHIBIT A
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CONSOLIDATED
DISPOSAL SERVICE, LLC, FOR REFUSE COLLECTION, RECYCLING AND
DISPOSAL SERVICES
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
COVER PAGE
Consolidated Disposal Service, LLC
Kurt Bratton, Area President
Consolidated Disposal Service, LLC
12949 Telegraph Road
Santa Fe Springs, CA 90670
Attention: Kurt Bratton
Phone: (562) 347-4055
Facsimile: (877) 540-8017
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
City Administrator
Telephone: (323) 583-8811 ext. 398
Facsimile: (323) 826-1408
July 1, 2011
July 1, 2012, unless extended pursuant to
Section 1
Total not to exceed $30,000.00 (includes all
applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period 3 years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CONSOLIDATED
DISPOSAL SERVICE, LLC, FOR REFUSE COLLECTION, RECYCLING AND
DISPOSAL SERVICES
THIS AGREEMENT is made and entered into as of July 1. 2011 ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and Consolidated Disposal Service, LLC, a California corporation ("Contractor"). City
and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to retain the services of an independent contractor to perform refuse
collection, recycling and disposal services for all City facilities and all residential properties
within the City as more fully set forth in the Scope of Work, attached hereto and incorporated
herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with -the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
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observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) . Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit "C" attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section b. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
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Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has- no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this -Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its -officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor 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, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City -in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor -or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
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(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within -thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be. paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status; Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination -of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
this Agreement; ii. is or becomes generally known to the public without violation of
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
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iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under_ this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend., indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
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(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(f) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Pollution Liability Insurance,
with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single
limit, and provide policy- coverage and terms at least as broad as those required in the primary
insurance.
(g) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(h) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(i) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
0) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an endorsement
naming the City, its officers, officials, employees, agents, and volunteers as additional insured's.
All of the policies required under this Agreement shall contain an endorsement providing that
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the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City,
and specifically stating that the coverage contained in the policies affords insurance pursuant to
the terms and conditions as set forth in this Agreement.
(k) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(1) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
E:3
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used Material'furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all permits and licenses required by federal, state or local law, rule or
regulation. Costs -for obtaining City permits required under this Agreement will be waived. All
requirements for obtaining permits (including City permits) remain in effect and are not waived;
only the costs of City permits are waived.
Section 25. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
Of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 26. Assignment and Subcontracting. Contractor shall not assign orattempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
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fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 29. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 30. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified by a writing signed by both Parties.
Section 31. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 32. Force. Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood,..earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably.have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely, notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 34. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail4return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
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Section 36. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 37. Survival of Terms. All of the terms and conditions in this Agreement
related to payment; confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 38. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 39. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By:
HILARIO GONZALES
Mayor
ATTEST:
WILLARD G. YAMAGUCHI, City Clerk
APPROVED AS TO FORM:
WILLARD G. YAMAGUCHI,
Interim City Attorney
Consolidated Disposal Service, LLC, a
California corporation
By:
Name:
Title:
By:
Name:
Title:
12
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following services on behalf of City: complete the work described in
the Scope of Work, a copy of which is attached hereto and incorporated by reference as
attached.
i
saction
Scope of Work
.. ..; f�:.iiyf ia�%la'i;:�.: La .'.I' .., '1S l!i �. •r• ._, .. .. . -i ." �; ._. it .�p r
Scoae:of. Work
i ,;Ail:disposai,and r cl'n • ,servicessl�all bs ro�rid _o ihe: oll 'win ' I .cations:.: ;
sr.r',r.�>.y•.nd:� .?Q Y ..I; 9�..... P d t., f..;9._ ',9 .0 _.. e,
• 4305 Santa Fe Avenue: provide two (2) three (3) yard:kiras;#or•.:tecyolable mater#als that shall be
':� d':..y.:�7P.! ;I!'�' ,„,Fr. `>r ;?'t r.,rz'1•< <,r!.t,-•. ,s}•lai^ i} .a 7'l ,
l
• 4305 Santa Fe Avenue: provide four (4). three (S)Ayard.,binsj;for::regular !roqh1i.doorigi. that shall be
i „ !picCed'eifjve ( )itimes:p�erwe.,e Per da. ollda: rou k da
k..;once; Ytk.. yr#It,'. n,6:00A.M.)
• 3376-3390 501h Street: Provide one (1) taro (2) yard!:bins:fortrei�yclabieigateriais1that shall be
i _'• ' .;:: picked.up..or,18(;1)it!l:>1e�Per;week:;;:. ; . ,:;,• ... , �tr _.;, ;': -• �,.
• 3376.3390 501h Street: Provide one (1) three (3) -yard 'bin-:for:,regular.,tra0i-debris,;that shall be
�;.•picked;up;ona:(1),tirrte:perweek::.
• 2221 East 55th Street: Provide three (3) forty (40) yard roll-offs.eontainers-,,for regular;- trash debris
j 4hat,spat(be,p okedaon an:'as:needed basis:,,_ ? ,:. _ v ..
• 2221 East 551h Street: Provide one (1) forty (40) yard roll,-off:container,.:for:gr..een<.waste:that shall be
1
picked up on an as needed basis.
• 2221 East 55th Street: Provide one (1) forty (40) yard roll -off container for was#e.Ftires:rthat•shall be
p'ickedup on -an as needed basis. r;
4990 Seville Avenue: Provide Onoi-1 •)•'tl -throe (3) yard bin for regular trash debds.-that: holl be picked
up two�2)` times per weep:: a ,;- -
27161e6nis Blvd: PrQvidetne;{:1)iit (4) yard bin to tie picked up two '(2).time,ponti" for
_regulifftraWdebrts. -
• 2323 East Vernon Ayeilqe ,Prputde o; (1 j three (3) yard Bin for regular.trash debrls�ta pe..picked
up two (2) Times per-*Wd.
2800 Soto Avenue: Provide: Onie' (�i} #orty (4bj yard roll -off container for-;('egulaF;trash =debris:;that
OWN picked upon an,as, needed tiasis;
• City Housing (See belaw;tab(eOr,;rQsideritial listings) Provide one (1) sixty (60):ga)lori,,:#rash-can for
regular trash debris. wo;ptdked ;up:;grie;(1) tune per week.
• City Housing (See lielow;(atilefor're'side`ntial.lisfin Provide one 1 si x 4s) O xty (60),.gallonl rash;can'for
recyclable"Materials t6 tie;piekedup•.oiie (1) time per week.
Ctty+lioustrxj (Set~ bel6w.abl&C-ssi0e7til-lstng)Prd: e one (1) sixty (60) gallon3ra5cfor
green' waste to be'picked-ppi,one;(I),#ime`pertyeek.
<CE3MAU ATEDTDRE"AL':SHMCE
' A Butiifd1i�y af1�:�1E1Pl7YCiCSER.VIC�cB� INC.
Paos 123
• Fire Station 13875 Fruitland Avenue: Provide Two (2) three (3) yard bins for regulhr•trash:debristo
be picked up one (1) time per week.
• Fire Station 13375 Fruitland Avenue: Provide one (1) three (3) yard bin for recyclable materials to
be picked up one (1) time per week.
• Fire Station 9 4301m.-S.-Ifilt !A'Vi*n-u6i4Pi6v10"6fid.(l...)'th'fkfbt'(,3)'-ydfdj;
V1fV-T6rWgOMhf1§rd6ds to
be:picked lip h
• Fire Station 2 4301 Santa Pe Avenue: Provide two le materials
bN-8,112901F88t %00 debris to be
rd%-
pickedUp4 ')�Oft`gk k',,
• Fire Station 3 2800 Soto Avenue: Provide one (1) 1hre':d',(thV6d)"YdPdi 15406f 'rei; dltble materials to
d6ke
• Fire Station 4 4530 B9nd1nl Blvd: Provide one. (1) threb"(3)T'Ya^fdTld f6f ftdlaftrd debris to be
UP
-pi6'k#dl ' 6n ,(I)i'tim, wo&
• Fire Station 44530 Bandini Blvd: Provide two: (2)-60'§ill6h1OMtC1 Ide aY61112bi materials to be
picked Up,%oAe1,(1)1tlm4per W6W,
Address
Typo
3349 Fruitland A46nue
2-Bedro*'dm Hoftl I":
3353 . Oidi.e
Fruill AVdhUi
3357 Fruitlafid Avenue
3-Bedroom Home
T;'836*kFru
"Bodr rMfiffiF 76
46
3365 Fruitland Avenue
2-Bedroom HoW";-'
i 2556EWMIV W60-AWN6
3560 East Vernon Avenue
-d
'43.2-l'IFU dififf19.,
6'80 RIN—P,
4322 Furlong Place
Ted
-•44393'
4324 Furlong Place
-.43215TC1116figr. .-
PradW
4326 Furlong Place
hyi I;
Ri
COMMOATID-INStOft—ISEMME
A kWtidbW*t,*,REPUNLICII&JIVIC,68,#NrI
P -a a a 124
I
Residential Units (continued)
Address
Type
4327 Furlong Place
2-Bedroom Home'
4328 Furlong Place
2-Bedroorn Home
4329 Furlong Place
3-Bedroom Home
4330 Furlong Place
3-Bedroom Home
All recyclable material collected at all City Facilities will be properly recorded so as to give the City of Vernon
as much diversion credits as possible. Consolidated Disposal Service will submit to the City of Vernon an
! annual report showing all categories of materials collected throughout the year by facility. One report will be
sent to the Community Services Department and another to Health and Environmental Control Department.
i
'C®NSCWDATED DISPOSAL'SE_RVICE
.� S'�6iidiiya.y�:REi�JBL1CB&IiVIC6B,INC.
PA no 19S:
This page intentionally left blhnk.,
CONSOUPATO'DISPOMLSERVICE
D... Ing!
EXHIBIT B
In consideration for monthly Services to be performed by Contractor, described in Exhibit A,
City agrees to pay Contractor the amount of One Thousand Two Hundred Seventy -Seven
Dollars and Fifty -Six Cents ($1,277.56) per month for all City facilities and all residential
properties within the City.
EXHIBIT C
CHANGE ORDER
Exhibit "C"
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO.
PROJECT:
TO:
SUPPLEMENT NO. SHEET OF SHEETS
REQUESTED BY: City of Vernon
P.O. NO.
CONTRACTOR
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Contract Amount (Base Bid)
$
Amount of This Chan e Order
$
Amount of Previous Chan a Orders
$
Total Change Orders
$
Modified Contract Amount
........................................
$
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
Attest: Date:
Willard Yamaguchi, City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: Contractor:
By: Title:
c: Project File✓Contractor/Purchasing Rev. 03/10
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue,. Vernon, California 90058
Telephone (323) 583-8811
June 23, 2011
Consolidated Disposal Service, LLC
Attn: Kurt Bratton, Area President
12949 Telegraph Road
Santa Fe Springs, CA 90670
RE: Services Agreement — Refuse Collection, Recycling and Disposal Services
Dear Mr. Bratton:
The insurance requirements have been met. Transmitted herewith is a fully executed agreement
as referenced above, approved by City Council on June 21, 2011, through Resolution No. 2011-
100.
If you have any questions, please contact S. Kevin Wilson at (323) 583-8811 extension 245.
Thank you.
a
. YA G CHI
erim Attorney
Enclosures
WY:dj
c: S. Kevin Wilson
Purchasing Department
Resolution No. 2011-100
Agreement File No. 11-073
Excfusivefy Industriaf
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CONSOLIDATED
DISPOSAL SERVICE, LLC, FOR REFUSE COLLECTION,, RECYCLING AND
DISPOSAL SERVICES
COVER PAGE
Contractor:
Consolidated Disposal Service, LLC
Responsible Principal of Contractor:
Kurt Bratton, Area President
Notice Information- Contractor:
Consolidated Disposal Service, LLC
12949 Telegraph Road
Santa Fe Springs, CA 90670
Attention: Kurt Bratton
Phone: (562) 347-4055
Facsimile: (877) 540-8017
Notice Information - City:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
City Administrator
Telephone: (323) 583-8811 ext. 398
Facsimile: (323) 826-1408
Commencement Date;
July 1, 2011
Termination Date:
July 1, 2012, unless extended pursuant to
Section 1
Consideration:
_ Total not to exceed $30,000.00 (includes all
applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period
3 years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CONSOLIDATED
DISPOSAL SERVICE, LLC, FOR REFUSE COLLECTION, RECYCLING AND
DISPOSAL SERVICES
THIS AGREEMENT is made and entered into as of July 1, 2011 ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
(`.City'), and Consolidated Disposal Service, LLC, a California corporation ("Contractor"). City
and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to retain the services of an independent contractor to perform refuse
collection, recycling and disposal services for all City facilities and all residential properties
within the City as more fully set forth in the Scope of Work,: attached hereto and incorporated
herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a)- This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of 'those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience; and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
2
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees,: agents or volunteers shall not be liable:at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit "C" attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written. consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense; all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services:
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
3
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations:
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its.actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain; as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor 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, officials; employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the.performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation. to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injuryor sickness arising out of performing: services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
4
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement; Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality; indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be. paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents,i materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive thetermination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third parry having the right to disclose it without an obligation of
confidentiality; or
W
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15 Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTIONSHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
6
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for e.ach:occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) : Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability nsurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's: officers, employees, or agents.
(f) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Pollution Liability insurance,
with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(g) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(h): The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
W Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost; City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(j) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under: this Agreement are maintained in
force. Contractor shall; prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an endorsement
naming the City, its officers, officials, employees, agents, and volunteers as additional insureds.
All of the policies required under this Agreement shall contain an endorsement providing that .
7
the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City,
and specifically stating that the coverage contained in the policies affords insurance pursuant to
the terms and conditions as set forth in this Agreement.
(k) The insurance provided by Contractor shall be. primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(1) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing:this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as'Yhe Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements. of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.'
Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
8
to the City;: provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
Section 23. Materials and Workmanship, City shall have the right to inspect any
material used. Material furnished shall be. new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all permits and licenses required by federal, state or local law, rule or
regulation. Costs for obtaining City permits required under this Agreement will be waived. All
requirements for obtaining permits (including City permits) remain in effect and are not waived;
only the costs of City permits are waived.
Section 25. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this. Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge:. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
9
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 29. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice ofapplicable law.
Section 30. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements,.:understandings and statements, written or oral. This Agreement
may only be modified by a writing signed by both Parties.
Section 31. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right: The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 32. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which :by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due, diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 34. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which.provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
10
Section 36. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement:.
Section 37. Survival of:Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 38. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no be affected, impaired or invalidated.
Section 39. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
11
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City Consolidated Disposal Service, LLC, a
and California municipal corporation California corporation
By: By.
HILARIO GONZAL Name:
Mayor
Title: Ss'/. / - E
ATTES"f: A, D ,//
By: 17
~ Name: Y ,
WIL RD &.YA4A U HI, i Clerk Title: -eE •?,�� ,E�
APPR VED AS TO FORM:
WILARO G. A U I,
Interim City Atto y
12
EXHIBIT A
i
j
Scope of Work
Scope of Work : ;:• , rtt . .
AlLdisposal,and�recyclingsen+ices, h, it be provided,ao #he: foflgwing locations
• 4305 Santa Fe Avenue: provide two (2) three (3) yard-_I�ina .g6r,:tecyclable materials -that shall be
I ; pic�Ceyd yp onek),=tme.perFweel� - f
f
4305 Santa Fe Avenue: provide four (4): three (3) yard ,bins,10r :regular trash debris that shall be
1pic*ked�u�ffwe�.j )„times p�er¢week, once perda�+;eMb11.0.0 trough;F iday..(no Iater�tharr6:OQ A.M.)
• 3376-3390 500, Street: Provide one (1) two (2) yard bins for:reyolabiematerials;hat shalt be
picked up one (1) tlme,per,week.;;:. 1 ,t
3376-3300 50th Street: Provide one (1) three (3)-yard bin forvregular.;trash debris that shall be
� picked;up,one (1),time per;week:._ . . ,.
• 2221 East 551h Street: Provide three (3) forty (40) yard roll-offscontainers-,for regular trash debris
-
• 2221 East 551h Street: Provide one. (i) forty (40) yard roli-off-.containertfor..green�.waste: that shall be
picked up on an as needed basis.
• 2221 East 551h Street: Provide one (1) forty (40) yard roll -off container for wasteFtiresAhat shall be
picked up on an as needed basis.,
4990 Seville Avenue;: Provide fine (;1.). three (3) yard bin for regular#rash debris thatshall be'prcked
2716Leonfs Blvd; PrQvide..:One (1);four (4) yard bin to be picked up two .(2).tmesfper f reonthfor
'r6gular'frash;debris. 7 : t
• _2323 East Vernon Avenue -.Prow de qne (1) three'(3) yard Bin for regular:traeft - r-.18ita be:.pieked
up two (2) times peruueek
2800 `Soto Avenue: Provide One (1 fg 40 and roll -off container fqr-...%lar,rash-debns;that
• 1 �} rtY( )y
shall be picked up on an as needed basis: r
• City Housing (See below,ta6le,#ar residential listings) Provide one (1) sixty (60) gallgn, trash can for
regular bash deb-d9.'Wbe;pipked up one -(1) time per week.
• City Housing (See below table; fAr residential lisfiiigs) Provide one (1) sixty (60),gallon trash;can for
recyclablmatenals to be pleked;up one (1) time per week.
CityMusing (See below -able for residential li'stings) Provide one (1) sixty (60).. gallon Trash :can -for
green, waste for be picked up,one,(1).,I! 'per week.
CONS S—AL"AERVICE
AB'u'1ieidleiy`oi1.RElrU8CIC8EgVIC�$fNC..
Page 123
• Fire Station 13875 Fruitland Avenue: Provide Two (2) three (3) yard bins for regular.frash debris to
be picked up one (1) time per week. vh a} 4;
• Fire Station 1.3375 Fruitland Avenue: Provide one (1) three (3) yard bin for recyclable materials to
be picked up one (1) time per week.
• Fire Station 2 4301: Santa=FefA"venue; ProvideY'oiie (1) three°`�3)"'ya'r`d bin'foh''r"egular trasfi''debris to
be:picked up one~(1') ti id, bVi ddk. s`
• Fire Station 2 4301 Santa Fe Avenue: Provide two (2) fi0tgallOdonta'ine'fs° for recyclable materials
to be!picked up one (1).tite:: er.•week.
Fire`Statlon 3�80'O=SotoA�enueaP"r`oxide'two(2)'lhree-(3)ya'rd bitis'#b're�ulatfrash debris to be
,,picked!upwane (1:)ttime, perweek ,! ,fV
• Fire Station 3 2800 Soto Avenue: Provide one (1) three`(three)'yardibin`-for recjrcldbie materials to
1'be: l6ked.0 one;.1 tirne ePwe`ek - -
p
Fire Station 4 4530 Bandini Blvd: Provide one (1) threfl-3)0yardfid for''regulafteggh debris to be
picked up one jl-)time per Vveek. ° t
Fire Station 4 4530 Bandini Blvd: Provide two (2) 66g6116hId ntainers for,recyclable' materials to be
picked up�one., ime'per week; ::' ..
Resldentf §I -Visits ...
Address .
Type
3345�FnaitlandjAVb a
3=Bedroom Home '
3349 Fruitland Avenue
2-Bedroom Home-''
3353 .ruitlend'Avenue
3-Betlroofi Home":
3357 Fruitland Avenue
3-Bedroom Home "'°" ' ' z;
3361;fruitlartdt�Aver'ue-
3365 Fruitland Avenue
2-Bedroom Homey
3550'East Ue'rnon Ai►enue
"&Bedroom Hofne' ={
3560 East Vernon Avenue
2=Bed�oo"fi Home =
4321"'FOAMIJIPlace
4322 Furlong Place
3=B'edr'oom'Home
4323'1=ilrlor -Plece `
9
-2 .,,._Y..:. ,,,,,; .
=Bedroorri Home
4324 Furlong Place "
2 Bedroo'rri Home''
"4325�F0itdng`PCaCe ' �.. 7
,aP., -•.. ..:, ..
"2='EedroorrHome
4326 Furlong Place
V2=6edroom`l466e"
C@NSdu*ATED-DISPOSA ,SERVICE
isia;craiefy'ui.0REP-1JNW014RVICE8,INC.
Page 194
1
All recyclable material collected at all City Facilities will be properly recorded so as to give the City of Vernon
as much diversion credits as possible. Consolidated Disposal Service will submit to the City of Vernon an
annual report showing all categories of materials collected throughout the year by facility. One report will be
sent to the Community Services Department and another to Health and Environmental Control Department.
i
i
I
I
'C®NSOWDATED DISPOSAL'SE. CE
:n s•�ra�,:a�'Agr+uacice�av�cs�,�kc.
Page 125
EXHIBIT B
EXHIBIT B
EXHIBIT C
Exhibit «C»
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO: CONTRACTOR
REQUESTED BY: City of Vernon
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and:specifications of this.contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Contract Amount (Base Bid)
$
Amount of This Chan e Order
$
Amount of Previous Change Orders
$
Total Change Orders
$
Modified Contract Amount
................. .....................
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
Attest:. Date:
Willard Yamaguchi, City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved,
that we will provide all
labor, equipment and materials, including: overhead, except as may otherwise be noted above, and perform all services necessary for the
work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: Contractor:
By: Title:
c: rroject rueitrontractortrurcnastng Rev. 03/10
COMMUNITY SERVICES & WATER DEPARTM T
DATE: June 6, 2011
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
CONSOLIDATED DISPOSAL SERVICE, LLC, FOR REFUSE
COLLECTION, RECYCLING AND DISPOSAL SERVICES
The Department of Community Services and Water (Department) received back proposals in
response to the Request for Proposals for Refuse Collection, Recycling and Disposal Services. The results
of the Request for Proposals are reflected in the table below:
Bidders
Monthly Cost City Facilities
Monthly Cost City Housing
Key Disposal
$970.97
$20.82
Ware Disposal
$1,082.26
$15.00
Consolidated Disposal
Service LLC
$1,277.56
$11.00
NASA Services
$1365.00 `
$10.50
Haul -Away Rubbish Service
$1,522.00
$20.00
Athens Services
$109.22
$18.00
Calmet Services
$1,715.00
$16.00
Valley Vista Services
$1,862.10
$41.55
American Reclamation
$1,941.00
No Charge
Waste Management
$2,280.00
No Charge
The Department performed a detailed analysis of the three lowest bidders, Key Disposal, Ware
Disposal and Consolidated Disposal Service, and determined that Key Disposal and Ware Disposal
should be eliminated from consideration based on the following information: Key Disposal has a history
of late franchise report submittals, and late payments on Quarterly Reports submitted to the City of
Vernon Health & Environmental Control Department. As a result, there is a. distinct possibility that Key
Disposal may lose their City Franchise Agreement based on repeated failure to meet contractual
conditions for reporting and payment. In addition, Key Disposal's City Housing disposal fees, at $20.82
per month, are nearly double the $11.00 per month rate City Housing residents are currently paying.
Moreover, Ware Disposal has not provided any disposal services in the City of Vernon, commercial or
residential, and therefore has no history in terms of its quality of service. Their proposal identifies a solid
waste disposal facility used as their primary disposal site that is located in Orange County. The use of the
Orange County facility would result in the loss of tipping fees at the Innovative Waste Control disposal
facility located in the City of Vernon.
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RE DIVED
jUN 0 7 2011
��yy �������FF��KK'S OFFICE
C8Mr►�ICINITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilson, Director of Community Services and Water
DATE: June 6, 2011
SUBJECT: SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
CONSOLIDATED DISPOSAL SERVICE, LLC, FOR REFUSE COLLECTION,
RECYCLING AND DISPOSAL SERVICES
The Department of Community Services and Water (Department) received back proposals in response
to the Request for Proposals for Refuse Collection, Recycling and Disposal Services. The Department
performed a detailed analysis of the three lowest bidders, Key Disposal, Ware Disposal and Consolidated
Disposal Service, and determined that Key Disposal and Ware Disposal should be eliminated from
consideration based on the following information: Key Disposal has a history of late franchise report
submittals, and late payments on Quarterly Reports submitted to the City of Vernon Health & Environmental
Control Department. As a result, there is a distinct possibility that Key Disposal may lose their City Franchise
Agreement. Ware Disposal on the other hand has not provided any disposal services in the City of Vernon,
commercial or residential, and therefore has no history in terms of its quality of service. Their proposal identifies
a solid waste disposal facility used as their primary disposal site that is located in Orange County. The use of the
Orange County facility would result in the loss of tipping fees the City would nonnally receive if the waste was
delivered to the transfer station located in Vernon. Consolidated Disposal Service, LLC intends to utilize this
facility for waste disposal purposes. If you include the tipping fee revenues into the Ware Disposal cost
proposal, the cost proposals of Consolidated Disposal Service, LLC and Ware Disposal are then very close.
Moreover, at the conclusion of the review process, it was determined that the City's existing refuse collection
service provider, Consolidated Disposal Service, LLC, offers the best overall package in terms of cost and the
City has been very satisfied with their service.
The City Attorney's office has prepared a Services Agreement between the City of Vernon and
Consolidated Disposal Service, LLC, for Refuse Collection, Recycling and Disposal Services. Consolidated
Disposal Service, LLC, has executed the subject Services Agreement. A Staff Report ,is herein attached
recommending that the City Council approve the Services Agreement at the June 21, 2011, City Council
meeting. Thank you.
SKW/sr
Enclosures
FA\Scott\Scott\My Documents\Trash RFP\City Administrator Consolidated Agreement.doc
tom.
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: May 12, 2011
TO: Samuel Kevin Wilson, Director of Community Services & Water
FROM: Willard G. Yamaguchi, Interim City Attorney
RE: Consolidated Disposal Service, LLC
I have received and reviewed the Memorandum dated April 21, 2011, and
the attachments thereto.
Attached please find the Services Agreement for the refuse collection,
recycling and disposal services. Please provide a change order form
referenced in the agreement on page 3, Section 3 and to be used as
Exhibit C.
WY:em
Enclosures
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 30, 2011
ConsolidatedDisposalService, LLC
Attn: Russel F. Dix, Area President
12949 Telegraph Road
Santa Fe Springs, CA 90670-
RE: Amendment No. 1 - Services Agreement — Refuse Collection, Recycling and Disposal
Services
Dear Mr. Dix:
Transmitted herewith is a copy of the fully executed original amendment as referenced above,
approved by the Interim City Attorney on August 4, 2011. "
If you have any questions, please contact S. Kevin Wilson at (323) 583-8811 extension 245.
Thank you.
Sin rely,
a
WI LARD . Y M GU
City Clerk
Enclosure
WY:dj
c: S. Kevin Wilson
Purchasing Department
Resolution No. 2011-100
Agreement File No. 11-073
EXcfusivefy Industriaf
AMENDMENT NO. 1 TO AGREEMENT
FOR REFUSE COLLECTION, RECYCLING AND DISPOSAL SERVICES
This Amendment ("Amendment No. 1") to that certain Agreement for refuse collection,
recycling and disposal services dated July 1, 2011 (the "Agreement"), is made as of
September 1, 2011, by and between the City of Vernon, a California charter city and municipal
corporation (the "City"), and Consolidated Disposal Service, LLC ("Consolidated"), a California
corporation.
WHEREAS, the City and Disposal are parties to a written Agreement dated July 1, 2011,
under which Consolidated performs refuse collection, recycling and disposal services for City
facilities and all residential properties within the City; and
WHEREAS, Section 30 of the Agreement provides that the Agreement may be modified
by a written document executed by both parties; and
WHEREAS, the City and Consolidated desire to amend the Agreement to supplement
Exhibit B to the Agreement with the attached Bid Items for Refuse and Disposal Services which
is attached hereto as Exhibit A.
NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows:
1. Effective as of September 1, 2011, Exhibit B of the Agreement is hereby removed
and replaced with the Bid Items for Refuse and Disposal Services which is attached hereto as
Exhibit A.
2. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
3. The provisions of this Amendment No. -1 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. 1 and shall
supersede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 1.
4. The person or persons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date
stated in the introductory clause.
[SIGNATURES FOLLOW ON NEXT PAGE]
- 1 -
CITY OF VERNON
a California charter city and municipal
corporation
By:
Sa Kevin Wilson
Director of Community Services & Water
APPROVED AS TO FORM:
Mic ontgomery, Interim Cit orney
Consolidated Disposal Service, LLC, a California
corporation
By:
Name: 044 V ✓
Title:
By:
Name:
Title: iC-S
-2-
EXHIBIT A
I
CITY OF VERNON
BID ITEMS FOR REFUSE AND DISPOASL SERVICES
Price Quotes:
City Hall
Item 1 - 4305 Santa Fe Avenue: Two (2) three (3) yard bins to be picked up one (1) time
per week for recyclable materials.
Cost Per Month: No Charge
Item 2 - 4305 Santa Fe Avenue: Four (4) three (3) yard bins to be picked up five (5)
times per week (Monday -Friday) for regular trash debris.
Cost Per Month: $668.51
City Apartments
Item 3 — 3376-3390 501h Street: One (1) two (2) yard container to be picked up one (1)
time per week for recyclable materials.
Cost Per Month: No Charge
Item 4 — 3376-3390 501h Street: One (1) three (3) yard bin. to be picked up one (1) time
per week for regular trash debris.
Cost Per Month: $ 44. 57
Recycling Center
Item 5 — 2221 East 55�h Street: Three (3) forty (40) yard roll -off containers to be picked
up on an as -needed basis for regular trash debris.
Item 6 — 2221 East 55`h Street: One (1) forty (40) roll -off container to be picked up on an
as needed basis for green -waste materials.
Item 7 — 2221 East 55`h Street: One (1) -forty (40) yard roll -off container to be picked up
on an as needed basis for waste tires.
7
• Hauling Fee Per Load: $118.85
Ton
• Dumping Fee Per $ 45.77
Light & Power
Item 8 — 4990 Seville Avenue: One (1) three (3) yard bin to be picked up two (2) times
per week for regular trash debris.
Cost Per Month: $ 89.13
Item 9 — 2716 Leonis Blvd.: One (1) four (4) yard bin to be picked up two (2) times per
month for regular trash debris.
Cost Per Month: $118.82
Petrelli Electric
Item 1-0 — 2323 East Vernon Avenue: One (1) three (3) yard bin to be picked up two (2)
times per week for regular trash debris.
Cost Per Month: $ 89.13
Item 11 — 2800 Soto Street: One (1) forty_(40) yard roll -off container to be picked up on
an as needed basis for regular trash debris.
• Hauling, Fee Per Load: $ 54.60
Ton .
• Dumping Fee Per ma4!.$49.52
Fire Stations
Item 12 — Fire Station 1 3375 Fruitland Avenue: Two (2) three (3) yard bins for regular
trash debris to be picked up one (1) time per week.
Cost Per Month: $ 89.13
Item 13 — Fire Station 1 3375 Fruitland Avenue: -One (1)-three.(3) yard bin for recyclable
materials to be picked up one (1) time per week.
Cost Per Month: No Charge
Item 14 — Fire Station 2 4301 Santa Fe Avenue: One (1) three (3)-yard bin to be picked
up one (1) time per week for regular trash debris.
Cost Per Month: $ 44.57
Item 15 — Fire Station 2 4301 Santa Fe Avenue: Two (2) sixty (60) gallon containers to
be picked up one (1) time per week for recyclable materials.
Cost Per Month: No Charge
0
Item 16 — Fire Station 3 2800 Soto Avenue: Two (2) three (3) yard bins to be picked up
one (1) time per week for regular trash debris.
Cost Per Month: $ 89.13
Item 17 — Fire Station 3 2800 Soto Avenue: One (1) three (3) yard bin to be picked up
one (1) time per week for recyclable materials.
Cost Per Month: Nn rh a.rae
Item 18 — Fire Station 4-4530 Bandini Blvd: One (1) three (3) yard bin to be picked up
one (1) time per week for regular trash debris.
Cost Per Month: $ 44.57
Item 19 — Fire Station 4 4530 Bandini Blvd: Two (2) sixty (60) gallon containers to be
picked up one (1) time per week for recyclable materials.
Cost Per Month: No Charge
Total Cost Per Month: $1, 277.56
City Housing (Single Family Homes)
Item A — (Please see list of addresses — Page 6): One (1) 60-gallon can to be picked up '
one (1) time per week for regular trash debris.
Cost Per Month: $ 11.00
Item B - (Please see list of addresses — Page 6): One (1) 60-gallon can to be picked up
one (1) time per week for recyclable materials.
Cost Per Month-: No Cha-rye
Item C - (Please see list of addresses — Page 6): One (1) 60-gallon can to be picked up
one (1) time per week for green waste.
Cost Per Month: No Charge
9
uF Y
INTER -DEPARTMENT MEMORANDUM
DATE: August 4, 2011
TO: Samuel Kevin Wilson,. Director of Community Services & Water
FROM: Mike Montgomery, Interim City Attorne
RE: Consolidated Disposal Service, LLC
The attached City of Vernon Bid Items for Refuse and Disposal
Services from Consolidated Disposal Service was not included in the
services agreement as Exhibit B.
Attached please find an amendment to the services agreement providing
for the Exhibit B approved and adopted by Resolution No. 2011-100 be
supplemented by the attached bid sheet.
Please note the amendment does not increase the cost or change the
scope of services therefore the amendment should be executed by the
Director of Community Services & Water and does not require Council
approval.
Thank you.
Attachment
COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Water
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1435
August 9, 2011
Russell F. Dix
Area President
Consolidated Disposal Service, LLC
12949 Telegraph Road
Santa Fe Springs, CA 90670
AEU 201
Re: Amendment No. 1 - Agreement between the City of Vernon and Consolidated Disposal
Service, LLC for Refuse Collection, Recycling and Disposal Services
Dear Mr. Dix:
The City of Vernon (City) and Consolidated Disposal Service, LLC (Consolidated) entered into a
Services Agreement (Agreement), effective July 1, 2011. In review of the subject Agreement, it was
found that the bid items reflecting the cost of service were not included. The City desires to amend the
Agreement to supplement Exhibit B to the Agreement with the attached bid items for Refuse Collection,
Recycling, and Disposal Services, which are attached hereto as Exhibit A. Section No. 30 of the
Agreement provides that the Agreement may be modified by a written document executed by both parties.
Attached herewith is Amendment No. 1 to the Agreement for Refuse Collection, Recycling, and
Disposal Services. Please execute the attached Agreement and return the original to Eva Muro at the City
of Vernon, City Attorney's office.
SKW/sr
Enclosures
A-/t ve'tvt—
Sincerely,
S Kevin Wilson, P.E.
Director of Community Services and Water
Evcfusivefy Industrial
'RECEIVED
�,? U'7 2011 CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
C01*0p� � C�ANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS
PROJECT: Solid Waste Collection, Disposal and Recycling P.O. NO. 055.000
1488
TO: Consolidated Disposal SeMces,'LLC ;CONTRACTOR
REQUESTED BY: City
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the rnntmet
Amend Services Agreement to reflect the following:
Add one (1) three (3)-yard bin at new pick-up location of 4990 Seville Avenue. The bin shall be picked -up one (1) time
per week. The cost will be $49.52 per month.
Add one (1) three (3)-yard recycle bin at new pick-up location of 4990 Seville Avenue. The bin shall be picked -up one
(1) time per week. There is no charge for this service.
Contract Amount (Base Bid)
$
0
Amount of This Change Order .........................:...................
$
Amount of Previous Change Orders
I .........................................
$-
Total Change Orders
I .....................................................
$
Modified Contract Amount
.........................................
$
By reason of this change order the time of
completion will be adjusted as follows: zp
Approved: Datef=7 //
Direct o o unity Services & Water
Attest: Date:
�/ /
d a hi, City Clerk
We, the undersigned Contractor, have given c 1 consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above. -
Accepted Date: aluiJA Contractor:
By: Title: �(,(Al;;� GA/Yl�ld�,e�✓
J�....u�.,,,,.a���.,r�.�„a mg Rev. 03110