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HomeMy WebLinkAboutReso 08-17 Contract Sweeping Services Amendment 1 RESOLUTION NO. 08 — 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. 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: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: ABSTAIN: PI.j A— ayor ATTEST: (144,4't ^,c1 City Clerk Reso No. 08-17, Adopted 01/10/2017, Item No. 4.10 Page 1 of 1 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of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 TERM OF SERVICES shall be rescinded in its entirety and replaced with the following: 1.1 TERM OF SERVICES.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 o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o 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 at 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 r w,fpoc.ca.goviindex.pho?id=5OO. 5) Paragraph 10.12 Intearation 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: By: Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk CONTRACT SWEEPING SERVICES '. Dated: ( /24S7 By: .••• Jason B owne, 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 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.