Loading...
HomeMy WebLinkAboutLights Out Disposal Company; 2014-09-16; PEM1101PEM1101 AGREEMENT FOR THE DISPOSAL OF LIGHTS OUT SERVICES (LIGHTS OUT DISPOSAL COMPANY) .THIS AGREEMENT is made and entered into as of the /c/^ day of Q^^7y^AfX^2014. by and between the CITY OF CARLSBAD, a municipal cSrporation, ("City"), and LIGHTS OUT DISPOSAL COMPANY, a California corporation, ("Contractor"). RECITALS City requires the professional sen/ices of a universal waste disposal service that is experienced in the handling, shipping and proper disposal of universal waste. 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 one (1) year from the date first above wntten. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed eight thousand dollars ($8,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed will be eight thousand dollars ($8,000) per Agreement year. No other compensation forthe 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 directiy or indirectly employed by any of them or anyone for whose acts any of them may be liable. City Attorney Approved Version 1/30/13 PEM1101 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. 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 othenwise authorized and approved by the Risk Manager 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 ofthis 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 which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution ofthis Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 sen/ices delivered up to the time of termination, ifthe 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. JURISDICTIONS AND VENUE 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. City Attorney Approved Version 1/30/13 PEM1101 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. 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 LIGHTS OUT DISPOSAL COMPANY, a California corporation By: ' (sig^yhere)' ^ t . (print name/title) jy^ By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California PLE. lm Howell SEE ATTACHED CALIFORNIA •AJURAT ACKNOWLEDGEMENT 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: CELIA A. BREWER, City Attomey Assistant City Attorne City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ______ SAN DIEGO ) On'^^Tj^gl^igg^ H^oH before me, -•X Dale < • — Here Inserl Name arid Title of Ihe OfficM^ T personally appeared _ NOTARY PUBLIC Name^ of Signer^ - ' - - - 1 MADELINE BURRITT Commission # 1966634 Notary Public - California J- \SJ|g^ San Dlego County g ^^^^ My Comm. Expires Jan 14.20161 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(9f whose namepaif is/^ subscribed to the within instrument and acknowledged to me that he/^e/tl)^ executed the same in his/ti^/tl))Bfff authorized capacity(i9€), and that by his/hefi^tfj^ signature(s^on the instrument the person^, or tne entity upon behalf of which the person(^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature^ ^4^^^^ Signature of Notary F>ubUc OPTIONAL Though the infomiation below is not required by law, it may prove valuable to peraons relying on the document and couid prevent fraudulent removal and reattachment of this form to another document Description of Attached Docum^t Title or Type of Document: Document Date: v^'^ Number of Pages: ^ ^ 0 ^ S~ Slgner(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OFSIGNER Top ot tnumb hare Signer Is Representing:. Signer's Name: • Individual n Corporate Officer — Titie(s): • Partner — • Limited C General • Attorney in Fact • Trustee 3 Guardian or Conservator C Other: Signer Is Representing; RIGHTTHUr.1BPRINT OFSIGNER Top of Ihumb here PEM1101 EXHIBIT "A" SCOPE OF SERVICES Rate Sheet Item Rate Quantity 2 Foot Fluorescent Lamps 0.24 Each 3 Foot Fluorescent Lamps 0.29 Each 4 Foot Fluorescent Lamps 0.35 Each 6 Foot Fluorescent Lamps 0.55 Each 8 Foot Fluorescent Lamps 0.72 Each CFL - Compact Fluorescent Bulbs 0.45 Each Circular Fluorescent Lamps 0.49 Each U-Bent Fluorescent Lamps 0.49 Each High Intensity Discharge Lamps 0.93 Each Shielded Fluorescent Lamps 4' 2.00 Each Incandescent Bulbs 0.29 Each Ballasts - Non PCB per Ib. 0.35 0.35 Per Pound Batteries - Alkaline per Ib. 1.00 1.00 Per Pound Batteries - Lithium per Ib. 0.85 0.85 Per Pound Batteries - Lead Acid per Ib. 0.35 0.35 Per Pound Batteries - NiCad per Ib. 1.00 1.00 Per Pound Batteries - Mixed per Ib. 2.00 2.00 Per Pound Transport Fee 20.00 Each on-site pickup Labor, if required, for boxing of u-waste 0.15 Per lamp 1. Each pick up will be billed according to the exact bulb count, ballast count, fixture count or total weight of batteries and/or e-waste. 2 All batteries must be placed in containers and sorted. All lithium batteries, lead acid, nicad must be taped on each terminal. An additional $25 labor charge will be applied if the aforementioned requirements are not met. 3. Lighting fixtures must be stacked on pallets and accessible to driver at time of pickup. Labor to dismantle fixtures and to recycle lamps and ballasts is included in price. A $50 minimum is charged per pickup. If Lights Out Disposal driver is unable to complete pickup due to a "no-show" or if materials are not available at time of pickup, an additional $50 transport fee will be charged. City Attorney Approved Version 1/30/13 Rate Sheet EXHIBIT "A" SCOPE OF SERVICES PEM1101 Item Rate Quantity 2 Foot Fluorescent Lamps 0.24 Each 3 Foot Fluorescent Lamps 0.29 Each 4 Foot Fluorescent Lamps 0.35 Each 6 Foot Fluorescent Lamps 0.55 Each 8 Foot Fluorescent Lamps 0.72 Each CFL - Compact Fluorescent Bulbs 0.45 Each Circular Fluorescent Lamps 0.49 Each U-Bent Fluorescent Lamps 0.49 Each High Intensity Discharge Lamps 0.93 Each Shielded Fluorescent Lamps 4' 2.00 Each Incandescent Bulbs 0.29 Each Ballasts - Non PCB per Ib. 0.35 0.35 Per Pound Batteries - Alkaline per Ib. 1.00 1.00 Per Pound Batteries - Lithium per Ib. 0.85 0.85 Per Pound Batteries - Lead Acid per Ib. 0.35 0.35 Per Pound Batteries - NiCad per Ib. 1.00 1.00 Per Pound Batteries - Mixed per Ib. 2.00 2.00 Per Pound Transport Fee 20.00 Each on-site pickup Labor, if required, for boxing of u-waste 0.15 Per lamp 1. Each pick up will be billed according to the exact bulb count, ballast count, fixture count or total weight of batteries and/or e-waste. 2. All batteries must be placed in containers and sorted. All lithium batteries, lead acid, nicad must be taped on each terminal. An additional $25 labor charge will be applied if the aforementioned requirements are not met. 3. Lighting fixtures must be stacked on pallets and accessible to driver at time of pickup. Labor to dismantle fixtures and to recycle lamps and ballasts is included in price. A $50 minimum is charged per pickup. If Lights Out Disposal driver is unable to complete pickup due to a "no-show" or if materials are not available at time of pickup, an additional $50 transport fee will be charged. City Attorney Approved Version 1/30/13