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HomeMy WebLinkAboutReso 24-22 Approving Amendment #1 Agreement-Cascadia Consulting Group Inc. for Senate Bill 1383 Reso. No. 24-22, Item 4.2, Adopted 04/05/2022 Page 1 of 1 RESOLUTION NO. 24 – 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT #1 TO THE CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CASCADIA CONSULTING GROUP INC. FOR SENATE BILL 1383 IMPLEMENTATION ASSISTANCE WHEREAS, in February 2021, the City issued a Request for Proposals (RFP) for California Senate Bill (SB) 1383 Implementation Assistance for support with program development and implementation efforts; and WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating criteria and determined that Cascadia Consulting Group, Inc. best met the City desired scope of services, based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, on June 1, 2021, the City Council approved a Contractor Services Agreement with Cascadia Consulting Group Inc. for SB 1383 implementation assistance; and WHEREAS, the City and Contractor mutually desire to amend the Agreement to increase the scope of work and increase the compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment #1 to the Contractor Services Agreement with Cascadia Consulting Group Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston, and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Page 1 of 3 AMENDMENT #1 TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CASCADIA CONSULTING GROUP, INC. WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and Cascadia Consulting Group, Inc. (hereinafter referred to as " CONTRACTOR ") entered into a Contractor Services Agreement for SB 1383 Implementation Assistance (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the CONTRACTOR continues to complete scope of work in the existing AGREEMENT; and WHEREAS, the CITY and CONTRACTOR mutually desire to amend the AGREEMENT to add scope of work as described in Exhibit A and increase compensation. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1 shall be rescinded in its entirety and replaced with the following: SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as revised 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. 2)Section 2 shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $407,610, 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 in writing, 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 Exhibit A Page 2 of 3 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)Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 4)Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5)All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6)The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN CASCADIA CONSULTING GROUP, INC By: _____________________________ By: _____________________________ Linda Smith, City Manager Julie Bryant, Director Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney EXHIBIT A SCOPE OF SERVICES The Contractor will be required to deliver technical assistance to businesses, multifamily properties, and edible food generators in Dublin to ensure compliance with SB 1383. The Contractor will be required to conduct the following tasks on an ongoing basis. Tasks: 1.Conduct waste assessments to identify businesses and/or multifamily properties that are eligible to receive SB 1383 De Minimis Waivers. Coordinate with Amador Valley Industries (AVI) on planned activities. 2.In coordination with City staff, develop and implement an outreach plan for businesses, single-family homeowners, and multifamily properties on SB 1383 requirements. Contractor will also coordinate with AVI on planned activities, work with customers to implement new compost programs, provide cost analyses, education and outreach, and coordinate with AVI as needed to implement service level changes. 3.Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey SB 1383 requirements, support set up of edible food donation programs, and confirm written agreements are in place with food recovery organizations, if any. 4.Conduct an analysis and provide a plan to help the City identify SB 1383 procurement options. The analysis shall include an estimate of compost/mulch quantities that could be applied to parks, open space, right-of-way, and other City owned property and shall also consider other options that would satisfy the procurement requirement (e.g. partnering with direct service providers and/or special districts). 5.Provide a report on potential SB 1383 data tracking and management options, including proprietary and non-proprietary database and reporting systems. 6.SB 1383 Route Review. Conduct lid lift assessments to identify contamination in containers randomly selected on all hauler routes. Contractor shall coordinate with the City to randomly select customers for monitoring. Contractor shall design educational cart tags for placement on the cart during route review. Upon finding prohibited contaminants, an educational tag shall be left on the container notifying the generator. If prohibited contaminants are not noted, a tag shall be left on the container notifying the generator that they are sorting properly. Route review data shall be tracked in a database selected by the City. Contractor shall coordinate with the City’s franchised waste hauler to minimize disruption to normal waste collection activities and route review results shall also be shared. 7.Track activities and progress towards objectives. 8.Assist with other SB 1383 related items as needed. Deliverables At minimum, deliverables for this project shall include one-time and Quarterly Reports that include the following: 1.Community outreach plan for SB 1383 compliance. 2.Compost procurement options report. 3.Database tracking and management report. 4.Activity tracking for outreach and recommendations provided to businesses and multifamily properties. 5.Documentation of businesses or multifamily properties that qualify for De Minimis waivers including location, date of assessment, and name of generator that qualifies for waiver. 6.Documentation of outreach provided to edible food generators, and list of generators that have contracts with food recovery organizations.