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HomeMy WebLinkAboutItem 4.10 - 1284 Street Sweeping Contract Amendment Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 10, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment No. 1 to Consulting Services Agreement with Contract Sweeping Services Prepared by: Dan Stevenson, Public Works Manager EXECUTIVE SUMMARY: The City Council will consider an amendment to the consulting services agreement with Contract Sweeping Services for street sweeping services to include term expiration clarification, a Consumer Price Index (CPI) compensation increase, and amend invoicing terms and conflict of interest language. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendment No. 1 to the Consulting Services Agreement with Contract Sweeping Services. FINANCIAL IMPACT: The 3.2% CPI increase proposed in the amendment for Contract Sweeping Services will result in a contract increase of $2,218 for the remainder of the Agreement. DESCRIPTION: On June 6, 2012, the City of Dublin entered into an agreement with Contract Sweeping Services to provide street sweeping services for residential and commercial streets, as well as parking lots at City parks and facilities. The current Agreement did not specify a termination date for the agreement other than to indicate that the a greement commenced on June 6, 2012, and that the duration was to be for five years. The Amendment proposes to establish the Agreement termination date as June 30, 2017, which would be consistent with other agreements in terms of fiscal year renewal and current budget cycle. Contract Sweeping Services has also requested the City consider a CPI increase as their operating costs have escalated since the commencement of the Agreement. The current CPI index of 3.2% appears reasonable considering loaded labor co sts, vehicle Page 2 of 2 acquisition and maintenance costs, and sweeping refuse disposal costs have all increased significantly since 2012. The current contract Agreement did not specify any adjustments, which is customary and should have been included in the Agreemen t. The proposed Amendment also addresses updating language that is now standard for agreements that the City is currently using. Specifically, the language updates includes that of invoicing and conflict of interest language terms. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution To Approve Amendment No. 1 to Contract Sweeping Services Agreement 2. Exhibit A to the Resolution - Amendment #1 to the Agreement 3. Contract Sweeping Services Original Agreement RESOLUTION NO. - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CONTRACT SWEEPING SERVICES WHEREAS, on June 6, 2012, the City of Dublin and Contract Sweeping Services entered into a Consulting Services Agreement for street sweeping services; and WHEREAS, the existing Agreement has a five-year term, with no specified expiration date; and WHEREAS, the parties now wish to amend the Agreement to change term of service; increase compensation by an estimated amount of $2,218; amend invoicing terms and conflict of interest language; and to supplement Exhibit A with A-1 and Exhibit B with B-1; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Amendment No.1 to the Agreement with Contract Sweeping Services. BE IT FURTHER RESOLVED that the City Manager is authorized to execute Amendment No. 1 to the Agreement, attached hereto as Exhibit “A.” PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk EXHIBIT A AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CONTRACT SWEEPING SERVICES WHEREAS, on June 6, 2012, the City of Dublin (hereinafter referred to as "CITY ") and Contract Sweeping Services (hereinafter referred to as "CONTRACTOR ") entered into a Consulting Services Agreement for street sweeping services (hereinafter referred to as the "AGREEMENT "); and WHEREAS, the existing AGREEMENT has a five -year term, with no specified expiration date; and WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement to change term of service; increase compensation by an estimated amount of $2,218; amend invoicing terms and conflict of interest language, and to supplement Exhibit A with A -1 and Exhibit B with B -1. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 TERM OF SERVICES shall be rescinded in its entirety and replaced with the following: 1.1 TERM OF SERVICES. The term of this Agreement shall end on June 30, 2017. 2) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the following: 2 =0 COMPENSATION. City hereby agrees to pay Contractor an annual sum not to exceed (One Hundred Thirty -Six Thousand Dollars) $136,000, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Section 2.1 INVOICES shall be rescinded in its entirety and replaced with the following: 2_1 INVOICES. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: • The dates of service provided at each facility; • Location of each service; • Daily logs of total hours worked by each individual performing work under this Contract • Hours must be logged in increments of tenths of an hour or quarter hours • If this Contract covers multiple projects, all hours must also be logged by project assignment • A brief description of the work • The Contractor's signature. 4) Paragraph 10.7 CONFLICT OF INTEREST shall be rescinded in its entirety and replaced with the following: 10.7 CONFLICT OF INTEREST. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at 1• ;;d v,J p y f r 5j Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the following: 10.12 Integration. This Agreement, including Exhibits A, B, A -1, and B -1, represent the entire and integrated agreement between City and Contractor and supplements all prior negotiations, representations, or agreements, either written or oral. 6) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ATTEST: Caroline Soto, City Clerk Christopher L. Foss, City Manager CONTRACT SWEEPING SERVICES Dated: �" By: Jason Browne, General Manager EXHIBIT A -1 SCOPE OF SERVICES Residential Street Sweeping: Performed twice monthly. The City is divided into seven residential sweeping zones. It is recognized that some zones are large and will be increasing in area. The City is willing to modify the zones given the following restrictions: Sweeping cannot occur on the same day as garbage pickup in any given area. It is preferred that sweeping occur on the day following garbage pickup. Route changes will not be allowed years without written authorization from the Public Works Director. Should a route change be approved, Contractor shall be responsible for notifying individual households that are affected in writing at least two weeks prior to beginning the new schedule. EXHIBIT B -1 COMPENSATION SCHEDULE Street Sweeping Services -- 3.2% CPI Increase Effective January 1, 2017 The current estimated annual need is $127,376. In order to allow for the rate increase identified above, the estimated annual need shall be increased by $2,218 to result in a new estimated annual amount of $129,594. 2016 RATES 2017 RATES $ 18.94 $ 19.55 $ 18.94 $ 19.55 $ 4.26 $ 4,40 $ 69.00 $ 71.21 $ 441.69 $ 455.82 The current estimated annual need is $127,376. In order to allow for the rate increase identified above, the estimated annual need shall be increased by $2,218 to result in a new estimated annual amount of $129,594. ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Contract Sweeping Services ("Consultant") as of June 6, 2012. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on [Insert Date], the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED TWENTY-SIX THOUSAND SEVENTY DOLLARS AND TWENTY CENTS ($126,070.20) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 1 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 2 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 3 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88)or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 4 of 13 ATTACHMENT 3 — CITY OF DUBLIN STANDARD AGREEMENT a.City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b.The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c.An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d.Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e.An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 5 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT a.The retroactive date of the policy must be shown and must be before the date of the Agreement. b.Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c.If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d.A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 6 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 7 of 13 ATTACHMENT 3 — CITY OF DUBLIN STANDARD AGREEMENT apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 8 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty(30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 9 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 10 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City,for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 11 of 13 ATTACHMENT 3 — CITY OF DUBLIN STANDARD AGREEMENT 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Gary Huisingh, Public Works Director("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Joe Vella, President Contract Sweeping Services 760 E. Capital Avenue Milpitas CA 95035 Any written notice to City shall be sent to: Gary Huisingh Public Works Director City of Dublin 100 Civic Plaza Dublin CA 94568 Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 12 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the reporUdesign preparation. The stamp/seal shall be in a block entitled Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN / j CONTRACT SWE •ING SERVICES 7Ma ft Jo i L. Pattillo, City Manager Joe Ve a, President Attest: eci-- City Clerk Approved as to Form: ttorney G:IMAINTENANCEIStreet Sweeping12012 Street Sweeping RFPlagreement with contract sweeping services.doc Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services Page 13 of 13 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT EXHIBIT A SCOPE OF SERVICES STREET SWEEPING SERVICES Consultant shall use and furnish at his own expense all labor, equipment, and materials necessary for the satisfactory performance of the street sweeping and parking lot sweeping work set forth herein. After sweeping, curbs and gutters shall be left in a clean condition. A clean condition is defined as the absence of residue in the streets and gutters upon the completion of the sweeping operation. The sweeping shall include as many passes as necessary to leave the street in a clean condition. Consultant shall maintain a log which indicates dates, times, streets, and miles swept. The log shall be available for inspection by the Public Works Director or his or her designee. Residential Street Sweeping: Performed twice monthly September through July. It is swept once in the month of August. The City is divided into six residential sweeping zones. It is recognized that some zones are large and will be increasing in area. The City is willing to modify the sweeping zones given the following restrictions: Sweeping cannot occur on the same day as garbage pickup in any given area. It is preferred that sweeping occur on the day following garbage pickup. Route changes will not be allowed years without written authorization from the Public Works Director. Should a route change be approved, Consultant shall be responsible for notifying individual households that are affected in writing at least two weeks prior to beginning the new schedule. The following generally commercial streets shall be treated as residential streets (swept twice per month) for the purpose of this Agreement: Dublin Court, Sierra Lane, Sierra Court, Civic Plaza, Trinity Court, Houston Place. These commercial streets shall be swept early enough in the morning to avoid cars being parked along the street. Commercial Street Sweeping: Performed twice monthly from January through October and four times monthly during November and December. The following streets are defined as commercial streets: Altamirano Avenue (Arnold Road to BART parking lot) Amador Plaza Road (Amador Valley Boulevard to southerly end) Amador Valley Boulevard (Village Parkway to westerly end) Arnold Road (Altamirano Avenue to Gleason Drive) Campbell Lane (Dublin Boulevard to Demarcus Boulevard) Clark Avenue (Village Parkway to Dublin Boulevard) Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard) Dougherty Road (1-580 to Northerly City Limit, including a pass through the painted median areas) Dublin Boulevard. (Schaefer Ranch Road to Fallon Road) Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services--Exhibit A Page 1 of 4 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT Fallon Road (Tassajara Road to I-580) Gleason Drive (Arnold Road to Fallon Road) Golden Gate Drive (Dublin Boulevard to southerly end) Hacienda Drive (I-580 to Gleason Drive) Iron Horse Parkway (Demarcus Boulevard to Dublin Boulevard) John Monego Court (Dublin Boulevard to southerly end) Lewis Avenue (Village Parkway to Portage Road) Martinelli Way (Hacienda Drive to Iron Horse Parkway) Regional Street(Amador Valley Boulevard to southerly end) Saint Patrick Way (Amador Plaza Road to Golden Gate Drive) San Ramon Road (I-580 to Alcosta Boulevard) Scarlett Court (Dublin Boulevard to easterly end) Scarlett Drive (Dublin Boulevard to Scarlett Court) Tassajara Road (I-580 to Cydonia Court) Village Parkway (Clark Avenue to Amador Valley Boulevard) The center medians within the limits specified shall also be swept twice monthly. Any portions of the above streets which are not within the limits above shall be defined as a residential street and shall be swept in accordance with Paragraph 1 above. Intersections: Performed twice monthly for the entire year. The intersections to be swept are listed below. Dublin Boulevard/San Ramon Road Dublin Boulevard/Regional Street Dublin Boulevard/Golden Gate Drive Dublin Boulevard/Amador Plaza Road Dublin Boulevard/Village Parkway Dublin Boulevard/Dublin Court Dublin Boulevard/Sierra Court Dublin Boulevard/Dougherty Road Dublin Boulevard/Demarcus Boulevard Dublin Boulevard/Iron Horse Parkway Dublin Boulevard/Arnold Road Dublin Boulevard/Hacienda Drive Dublin Boulevard/Tassajara Road Dublin Boulevard/Fallon Road Amador Valley Blvd./San Ramon Road Amador Valley Blvd./Regional Street Amador Valley Blvd./Village Pkwy. Amador Valley Blvd./Amador Plaza Rd. Amador Valley Blvd./Dougherty Road Dougherty Road./Sierra Lane Gleason Drive/Hacienda Drive Gleason Drive/Tassajara Road Gleason Drive/Fallon Road Central Parkway/Hacienda Drive Central Parkway/Tassajara Road Central Parkway/Fallon Road Hacienda Drive/Martinelli Way Emergency Callouts: Consultant shall provide a 24-hour telephone number and/or a list of employees, including telephone numbers and pager numbers, who are available for 24-hour emergency callout service. Fall leaf clean-up shall be billed on an emergency callout basis. Compensation for emergency callouts shall be on an hourly basis. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services--Exhibit A Page 2 of 4 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT Parking Lot Sweeping: Performed twice monthly during the same weeks as the residential sweeping. Sweeping shall be done after the normal operating hours of the facility so that no vehicles remain in the parking lot at the time sweeping is done. In the case of parks in residential neighborhoods (e.g., Alamo Creek Park and Shannon Park), sweeping shall be done at such time as to avoid noise complaints from adjacent residents. Sweeping days and times for all parking lots shall be approved by the Public Works Director or his or her designee. Civic Center - 100 Civic Plaza Shannon Park/Community Center - 11600 Shannon Avenue Alamo Creek Park - Dougherty Road and Willow Creek Drive Dublin Sports Grounds - Dublin Boulevard. next to Civic Center Plaza Emerald Glen Park, Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and two on Central Parkway) Senior Center, 7600 Amador Valley Boulevard Dublin Heritage Park 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one at bank parking lot on Dublin Boulevard Dougherty Hills Dog Park—Amador Valley Boulevard east of Stagecoach Road Fallon sports park—Palermo Way east of Lockhart Street Calculation of Curb Miles: Curb mileage shall be calculated according to actual street curb miles and not machine odometer readings. If Consultant and the City disagree on the number of curb miles in a given area, mileage may be measured and recalculated but the final determination shall be the City's. In the event that it becomes necessary to increase the frequency of sweeping during the heavy leaf fall season and thus increase the total number of miles swept or to increase callout hours, Consultant shall submit a proposal for City's approval prior to performing the additional service. Any streets added to the City during the term of this Agreement, either by new construction or annexation, shall be swept according to the appropriate schedule beginning as soon as said streets are accepted officially by the City. The additional cost for sweeping these streets shall be based on the per mile cost set forth in Attachment 2 Proposed Cost of Services. Consultant shall be capable of providing any additional equipment and personnel needed to sweep potential development or annexation areas for the term of this Agreement. The City additionally reserves the right to reduce the number of curb miles to be swept within a given year without incurring an increase in the agreed per-curb-mile cost for that year. Holidays: If sweeping is not to be performed on certain holidays, Consultant must provide a schedule for sweeping the missed streets. City shall be advised in advance of holidays to be observed by Consultant and shall be provided with a makeup schedule that is no more than one week later. Once the makeup schedule is established, it shall not be changed without prior approval of the City. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services--Exhibit A Page 3 of 4 ATTACHMENT 3 — CITY OF DUBLIN STANDARD AGREEMENT Disposal of Sweepings: Consultant shall dispose of all refuse collected by hauling same to legally established refuse disposal sites or other site approved by the Public Works Director. Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed containers, which shall be approved by the Public Works Director. If containers are used, they shall be dumped upon completion of the sweeping cycle. At this time, the City does not have a storage site available for debris boxes. Water: Consultant shall provide, at his own expense, sufficient water for the street sweeping equipment necessary to comply with this Agreement and to assure that the curb and gutter are left in a clean condition and the amount of dust during sweeping is kept to a minimum. Water meters shall be obtained from the Dublin San Ramon Services District. The cost of water shall be paid by Consultant and included in the unit costs for various sweeping services. Equipment Operation: The sweeper shall be operated at a safe speed which will allow for maximum debris pick-up. National Pollution Discharge Elimination System (NPDES) Requirements: Consultant shall comply with the requirements of the Alameda County Urban Runoff Program and the requirements of the NPDES Permit, including preparation and submittal to the City of the monthly report which includes information regarding quantity of material picked up during the sweeping process. Reporting procedures and forms are subject to change by the enforcing agency. Delays in Sweeping Schedule: In the event that delays in the sweeping schedule occur, Consultant shall notify the City as soon as possible and provide a makeup schedule satisfactory to the City. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services--Exhibit A Page 4 of 4 ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT EXHIBIT B COMPENSATION SCHEDULE Per Proposal dated May 14, 2012: Street Sweeping Services Annual Street Sweeping Quantities Estimated Item description Unit Quantity Unit Price Total Price Residential Street Sweeping (2x monthly) Curb mile 4000 $ 18.46 73,840.00 Commercial Street Sweeping (2x monthly except for Nov and Dec which are 4x monthly)Curb mile 1850 $ 18.46 34,151.00 Intersections Each 648 $ 4.15 2,689.20 Callouts(Includes Special Events and additional fall leaf season cleanup) Hours 150 $ 69.00 10,350.00 Parking Lots Each 144 $ 35.00 5,040.00 Note if there are any proposed increases to costs for the length of the contract. Note that quantities shown are projected amounts for 2012-2013 and are not necessarily the exact amount to be swept. Street Sweeping services will be paid for based on the unit of measure of the associated bid item. If callout rate assumes a minimum number of hours, please indicate the minimum. If no minimum is listed, a one hour minimum will be assumed. Consulting Services Agreement between June 6, 2012 City of Dublin and Contract Sweeping Services--Exhibit B Page 1 of 1