HomeMy WebLinkAboutJBC Groups; 2009-03-11; PWENG676PWENG676
AMENDMENT NO. 1 TO AGREEMENT FOR SOLID WASTE
ANNUAL REPORT PREPARATION AND TECHNICAL SUPPORT SERVICES
(THE JBC GROUPS, LLC)
This Amendment No. 1 is entered into and effective as of the cT day of
M/\AAJkAJi/)r 20 ID. amending the agreement dated March 11, 2009 (the
"Agreement") by cind between the City of Carlsbad, a municipal corporation, ("City"), and The
JBC Groups, LLC, ("Contractor") (collectively, the "Parties") for the professional services of a
solid waste consultant.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to perform additional
analysis and provide additional technical assistance of annual report preparation; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed five thousand dollars ($5,000).
Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include
hours performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by March 11, 2011.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from .time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
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 Contractor to the terms and conditions of this Amendment.
CONTRACTOR
THE JBC GROUPS, LLC
CITY OF CARLSBAD, a municipal
corporation of the State of California
*By:
(sign here)
Jacy M. Bolden, President
City Manager of Mayo-
or Authorized Signatory
(print name/title)
\
(e-mail address)ATTEST:
*By:
(sign here)LORRAINE
City Clerk
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vice-President
*Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT A
The JBC Groups, LLC
Jacy M. Bolden
Proposal for Services
AB939/SB1016 Annual Report Technical Assistance
Following is a proposed scope of work and timeline for the review and final preparation
of the 2009 AB939/SB1016 Annual Report as it pertains to the City of Carlsbad. The
review will include analysis of: franchise hauler recycling and solid waste tonnage,
landfill disposal tonnage, as well as overview and updating of AB939 program narratives
for recycling/waste diversion/waste prevention programs.
Primary activity areas will include the following:
- Compare/contrast franchise waste/recycling hauler's residential, commercial,
industrial recycling tonnage for calendar years '05, '06, '07, '08, '09
o objective is to note trends and any potential tracking errors
- Compare/contrast franchise waste hauler's residential, commercial, industrial
solid waste tonnage for calendar years '05, '06, '07, '08, '09
o objective is to note trends and any potential reporting errors
- Review landfill disposal for calendar years '05, '06, '07, '08, '09
o objective is to note trends, any potential reporting errors and
provide discussion for possible future actions
- Review historical AB939 program reporting narratives, update programs
as needed - including any modifications for SB1016 reporting
- Additional information gathering and data tracking for calls to large venues
and events coordinators to gather data for recently required venues and
events reporting by CIWMB. Assistance by City Staff can cut time required
- Provide on-line Annual Report ready for City staff to approve for submittal to
CIWMB
PROJECT TIMELINE AND COST PROJECTIONS
Task Time Hours Cost
Mos 1 2 3 4 5 6 7 8 9 10 11 12
Taskl X 15 $1,425
Total NTE 15 $1,425
Rates at this time will be $95.00 per hour and this offer is good for 30 days. Each task
area rate and the final overall rate of $1,425 are noted as "Not To Exceed" (NTE) rates.
In the unlikely event of a need for an adjustment, a written request would be submitted
to the City in advance.
Confidential Page 1 10.29.07
Printed on Recycled Paper
Billing will be at project completion, based on hours worked; payment is due within 30
days. All invoices for work will be presented to the City of Carlsbad by The JBC
Groups, LLC.
Additional services available:
Year 2 - 2010 Annual Report Analysis and Preparation
15hrs@$95/hour = $1,425
Analysis to parallel Year 1 work. Price is quoted as "Not To Exceed"
Proposal allowed to be amended for staff training purposes should the City
decide to bring the Annual Report analysis and preparation work in house.
Representation:
Attendance at meetings (in person/by phone) with:
Franchised Waste Hauler
CIWMB Staff
CIWMB Board Meetings (to include time & travel expenditures)
We agree to the above noted scope, timeline and not to exceed rate structure.
Groups, LLC City of Carlsbad
Jacy M. Bolden
President
Date: Date:
Confidential Page 2 10.29.07
Printed on Recycled Paper
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, JACY BOLDEN. am the Sole Proprietor of THE JBC GROUPS. LLC. I hereby certify that THE
JBC GROUPS, LLC has no employees and is not required by law to maintain workers' compensation or
employers' liability insurance. Should THE JBC GROUPS, LLC employ any person during the term of
the Agreement with the City of Carlsbad for SOLID WASTE ANNUAL REPORT PREPARATION
AND TECHNICAL SUPPORT SERVICES, then workers' compensation and employers' liability
insurance will be obtained.
JACY BOLDEN
Name
Signature
THE JBC GROUPS. LLC
Owner of
PWENG676
AGREEMENT FOR
SOLID WASTE ANNUAL REPORT PREPARATION AND TECHNICAL SUPPORT SERVICES
(JBC GROUPS, LLC)
r JHIS AGR
nrVXAO1
EMENT is made and entered into as of the _ M _ day of
2009, by and between the CITY OF CARLSBAD, a municipal
corporation, (City1), and JBC GROUPS, LLC, a Sole Proprietor ("Contractor").
RECITALS
City requires the professional services of a Solid Waste Consultant that is experienced in
solid waste annual reports, analysis and technical assistance. Contractor has the necessary
experience in providing these professional services, has submitted a proposal to City and has
affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of two years from the date first above
written.
3. Compensation. The total fee payable for the Services to be performed will be two
thousand eight hundred fifty dollars ($2,850.00). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. City reserves
the right to withhold a ten percent (10%) retention until City has accepted the work and/or the
Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version #05.06.08
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the City Attorney or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version #05.06.08
14. Authority. The individuals executing this Agreement 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 Contractor to the terms and conditions of this Agreement.
CONTRACTOR
JBC Groups, LLC
CITY OF CARLSBAD, a municipal
corporation of the State of California
"(sigh here)City Manager or Mayor
or Authorized Signatory
ATTEST:
City Clerk
Jacv Bolden. Sole Proprietor
(print name/title)
iacvbolden@sbcglobal.net
(e-mail address)
(sign here)
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
Corporation. Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
*Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #05.06.08
EXHIBIT "A"
The JBC Groups, LLC
Jacy M. Bolden
Proposal for Services
AB939/SB1016 Annual Report Technical Assistance
Following is a proposed scope of work and timeline for the review and final preparation
of the 2007 AB939/SB1016 Annual Report as it pertains to the City of Carlsbad. The
review will include analysis of: franchise hauler recycling and solid waste tonnage,
landfill disposal tonnage, as well as overview and updating of AB939 program narratives
for recycling/waste diversion/waste prevention programs.
Primary activity areas will include the following:
- Compare/contrast franchise waste/recycling hauler's residential, commercial,
industrial recycling tonnage for calendar years '05, '06, '07, '08
o objective is to note trends and any potential tracking errors
- Compare/contrast franchise waste hauler's residential, commercial, industrial
solid waste tonnage for calendar years '05, '06, '07, '08
o objective is to note trends and any potential reporting errors
- Review landfill disposal for calendar years '05, '06, '07, '08
o objective is to note trends, any potential reporting errors and
provide discussion for possible future actions
- Review historical AB939 program reporting narratives, update programs
as needed - including modification for new SB 1016 reporting
- Additional information gathering and data tracking for calls to large venues
and events coordinators to gather data for recently required venues and
events reporting by CIWMB. Assistance by City Staff can cut time required
- Provide on-line Annual Report ready for City staff to approve for submittal to
CIWMB
PROJECT TIMELINE AND COST PROJECTIONS
Task Time Hours Cost
Mos 1 2 3 4 5 6 7 8 9 10 11 12
Taskl X 15 $1,425
Total NTE15 $1,425
Rates at this time will be $95.00 per hour and this offer is good for 30 days. Each task
area rate and the final overall rate of $1,425 are noted as "Not To Exceed" (NTE) rates.
In the unlikely event of a need for an adjustment, a written request would be submitted
to the City in advance.
Confidential Page 1 10.29.07
Printed on Recycled Paper
Billing will be at project completion, based on hours worked; payment is due within 30
days. All invoices for work will be presented to the City of Carlsbad by The JBC
Groups, LLC.
Additional services available:
Year 2 - 2008 Annual Report Analysis and Preparation
15 hrs @ $95/hour = $1,425
Analysis to parallel Year 1 work. Price is quoted as "Not To Exceed"
Proposal allowed to be amended for staff training purposes should the City
decide to bring the Annual Report analysis and preparation work in house.
Representation:
Attendance at meetings (in person/by phone) with:
Franchised Waste Hauler
CIWMB Staff
CIWMB Board Meetings (to include time & travel expenditures)
We agree to the above noted scope, timeline and not to exceed rate structure.
Groups, LLC City of Carlsbad
Jacy M. Bolden
Project Manager
Date: Y^y<L>1 Date:
Confidential Page 2 10.29.07
Printed on Recycled Paper
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, JACY BOLDEN. am the Sole Proprietor of THE JBC GROUPS, LLC. I hereby certify that THE
JBC GROUPS, LLC has no employees and is not required by law to maintain workers' compensation or
employers' liability insurance. Should THE JBC GROUPS, LLC employ any person during the term of
the Agreement with the City of Carlsbad for SOLID WASTE ANNUAL REPORT PREPARATION
AND TECHNICAL SUPPORT SERVICES, then workers' compensation and employers' liability
insurance will be obtained.
JACY BOLDEN
Name
Signature
THE JBC GROUPS. LLC
Owner of