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Home My WebLink About04 USED OIL PROGRAM 08-21-95AGE N DATE' August 21, 1995 NO. 4 8-21-95 · Inter-C om WILLIAM A. HUSTON, CITY MANAGER /O: PUBLIC WORKS DEPARTMENT FBOM: APPROVAL OF AGREEMENT WITH THE ORICOM GROUP FOR USED OIL SUBJEO~ PROGRAM BLOCK GRANT ADMINISTRATION (P.W. File No. 2058.1) RECOMMENDATION Approve the consultant agreement with The Oricom Group and authorize the Mayor to execute the agreement. FISCAL IMPACT There is no fiscal impact associated with this action. Ail consultant fees for program development and administration associated with this agreement and City staff administrative time will be paid from grant monies received from the State Integrated Waste Management Board (IWMD). BACKGROUND AND DISCUSSION On February 6, 1995, the City Council adopted a resolution to approve the submittal of an application for State grant funds to establish and maintain a used oil recycling program. The City has been notified by the California Integrated Waste Management Board that the City has been awarded a grant in the amount of $20,466.93 for Fiscal Year 1995-1996. These funds will be utilized to assist local businesses to become state certified oil collection centers and to continue community outreach and education programs. Currently, the City has three certified collection centers: i · Bob Neil's Unocal, 17280 E. 17th Street Gene Roger's Chevron, Inc., 14501 Redhill Avenue Jiffy Lube, 3087 Edinger Avenue Oricom is actively pursuing new prospects and new applications are continually accepted for the program. Applicants are assisted by Oricom in compiling the required documentation and completing the State application and certification process. Each fa 'cllitvngall~ is reimbursed sixteen cents per gallon by the State for each of oil recycled. Grant funds can also be utilized to acquire storage equipment and spill prevention kits. A related aspect of this program is the utilization of "Associate Recycling Centers" These are businesses which typically sell motor oils but are not recycling centers. Instead, they agree to assist by allowing the display of posters or other public information displays to encourage the use of recycling centers. Two corporate examples of Associate Centers are the Circle K Corporation and Home Depot stores. Local Associate Centers include: · 2. 3. 4. 5. 6. 7. 8. APSI Chevron, 17241 E. 17th Street Alpha Beta, 14551 Red Hill Avenue Circle K, 17102 McFadden Avenue Dom's Arco, 13742 Red Hill Avenue House of Liquor, 1042 E. First Street Red Hill Unocal, 14801 Red Hill Avenue Super Stop, 395 W. First Street Tustin Auto Shop, 535 E. Main Street Oricom has identified many other potential Associate Centers and will continue recruitment efforts. This IMWD Block Grant Program must be distinguished from another oil recycling program that the City is pursuing in cooperation with the Cities of Garden Grove and Orange. The IMWD Opportunity Grant has provided approximately $294,000 to establish a pilot program that will emphasize residential waste oil collection and recycling. This program is also being managed by The Oricom Group under contract to the City of Garden Grove. In Tustin, the program will consist of the collection of one gallon oil containers provided at no cost to single family homes by the City's waste hauler, Great Western and the collection waste oil at multi family residential units on an as needed basis. It is anticipated that this program will commence sometime in October of this year. Taken together, these programs will expand current public education efforts, decreasing illegal waste oil dumping into storm drains, sewer systems and our ground water and help the City to meet National Pollutant Discharge Elimination System (NPDES) permit requirements. CONCLUSION The approval of the consultant agreement with The Oricom Group will assure the continued development and growth of the City's oil recycling program, result in no fiscal impact to the City and decrease illegal waste oil dumping. Tim D. Serle%_.. Director of Public Works/ City Engineer Jo~ Meyers g Administrative Assistant TDS :J M Attachment CONSULTANT AGRE EM ENT ORICOM THIS AGREEMENT is made this day of by the CITY OF TUSTIN a municipal corporation, ("CITY"), and The ORICOM Group, a California General Partnership ("CONSULTANT"). RECITALS The following recitals are a substantive part of this Agreement: This Agreement i s entered into pursuant to Tusti n City Council authorizati on on , CITY desires to utilize the services of CONSULTANT to submit a detailed application for grant fimds from the State of Califorma in connection with the establishment of used oil collection centers in the City of Tustin. CONSULTANT is qualified byvirtue o fexperience, training, education, and experti se to accomplish the services. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: Term of Agreement. This Agreement shall be~n upon execution and continue until June 30, 1996, unless extended. . . Services to be Provided. The services to be performed by CONSULTANT shall consist of the preparation of the application for a State Oil RecyclingBlock Grant Program and administration thereof, as more paniculary set forth in Exhibit"A" (proposal to State). Compensation. CONSULTANT shall be compensated as follows: 3.1 Amount. Total compensation payable shall be paid from PROGRAM funds, based upon approval of the State of California 3.2 Method of Payment. CONSULTANT shall be paid by CITY from grant funds from the State on a periodic basis, which is anticipated to be on a quarterly basis. F:\PM5VI'USTAGRE.PM5 initials 3.3 Records of Expenses. CONSULTANT shall keep complete and accurate records of payroll costs, travel, and incidental expenses. These records will be made available at reasonable times to CITY. 3.4 Termination. CITY and CONSULTANT shall have the right to terminate this Agreement by giving thirty (30) days written notice of termination. Project can be terminated by CITY for nonperformance only. 4. Insurance Requirements. 4.1 Commencement of Work. CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required and this insurance has been approved by the CITY. All insurance requiredby this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change, cancellation, or term ination at 1 east thirty (30) days i n advance. 4.2 Workers' Compensation Insurance. During the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers' Compensation Insurance if applicable. 4.3 CONSULTANT shall maintain comprehensive general liability, and automobile liability in the amount of $1,000,000 per occurrence. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT. . Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. o Independent Contractor. It is agreed to that CONSULTANT shall act and be an independent contractor and not an agent or employee of CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. 2 of 5 initials . 10. 11. 12. Disciosu re of Documents. All documents or other information developed or received by CONSULTANT are confidential and shall not be disclosed v,4thout authorization by CITY, unless disclosure is required by law. Ownership of Work Product. All documents or other information developed by CONSULT ANT and specifically compensated for shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. Notices, All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be d~signated by written notice. These addresses shall be used for delivery of service of process. (a) Address of CONSULTANT is as follows: The ORICOM Group 4175 East La Palma Avenue, Suite 260 Anaheim, California 92807 (b) Address of CITY is as follows (with a copy to): CITY OF TUSTIN 300 Centennial Way Tustin, California 92680 13. CONSULTANT'S Proposal. (a) This Agreement shall include CONSULTANT'S proposal orbid which shall be incorpo rated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern. (b) CONSULTANT shall submit a claim tothe State for administrative time expended by CITY and CONSULTANT on the grant program. If the State denies the ap- plication for the grant program, CITY shall not be obligated to pay CONSULT- ANT for services provided. 3 of 5 initials (b) CONSULTANT shall submit a claim tothe State for administrative time expended by CITY and CONSULTANT on the grant program. If the State denies the ap- plication for the grant program, CITY shall not be obligated to pa3.' CONSULT- ANT for services provided. 14. Familia rity with Work. By executing this Agreement, CONSULTANT warrants that: ( 1 ) it has investigated the work to be performed; (2) it has investigated the site ofthe ~vork and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restric tions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work oras represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY. 15. Time of Essence. Time is of the essence in the performance of this Agreement. 16. Limitations Upon Subcontracting and Assignmen_t. The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substan- tial inducement for CITY to enter into this Agreement. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any con- tractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT. 17. Authority to Execute. The persons executing this Agreement on behal fofthe parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound. 18. Indemnification. CONSULTANT agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney's fees, for inju~ or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONSULTANT, CONSULTANT'S agents, officers, employees, subcontractors, or independent contrac- tors hired by CONSULTANT. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONS ULTANT. 4of5 initials 19. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or ~tten. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONSULTANT. 20. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT. 21. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court. 22. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 23. Preservation of Agreement. Should any provision of this Agreement be found invalid or unentbrceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable. IN WITNESS THEREOF, these parties have executed this Agreement on the da), and year shox,,qn below. Date: "CITY" CITYOF TUST1N BY: MAYOR "CONSULTANT" TheORICOM Group a California General Partnership By: ATTEST: TITLE CITY CLERK APPROVED AS TO C~T: . :z., ,,-.-- DATE: 5 of 5 "EXHIBIT A" BUDGET ITEMIZATION Grant Applicant: .CURB. SIDE COLLECTION December 12, 1994 CIWMB FUNDS $0 CERTIFIED COLLECTION CENTE_R($J Waste Manmgemer~ ,~,,~i~ employee) - $23 per hou~ Co~l~acto~ ~ ~ lm~m~ ~am(as per ~ Tra~ ~~ C~t of ~ed ~ ~ f~ ~tem (a~ a~ p~ va~) Pe~ fees (~ of ~ f~ ~e~Xea6mate of c~t ~ ~r) Tra~ ~~e~ ~.$0.26 m~e~. m~c ~oved ~avet R~ ~are6~, ~mm~ce~ ~ ~, state, o~ SUB TOTAL 27% benefit rate 7 2 price p!set $125 $2OO $250 $2O0 $190 $199 $t67 $375 $2.25 $4,524 PERMANENT NON-CERTIFIED $0 .TEM POI~.. R_YI_MOBILE COLLECTION $0 SCHOOL EOUCATION PROGRAM PUBLIC EDUCATION Pr',~t~g (a~ ~ h work statemem, vario~ ~em~) Me~Adve~ ~aceme~ co~. vedas) C~a~ ~t to de~ & lm~eme~ N~ leper SUB TOTAL .OTHER COSTS {As~iate Caner P~~ Conl]'actom eo~ to imi~ement Ixogram(s$ per work etatemer~) Merchant. lng arid a~:H~ial evm~t cost (sigrt holders, <~splay~. ~nt.iner~ & booth rsn~ Tr.vel tlmehnileage (~.$0.25 mile/parking, mlsc aplx<Wed Iravel exper~es Cor~acto~s time (admtn, accounting, mgt, overhead, mis~. etc.) Report ~'eparalior~, oommunic~n with city, ~tete, ott~r~ Waste Marmgemer~ Spe~ai~t(<~¥ employee) - $23.42 per ~ 27% beneN rate SUB TOTAL '~L " OF ALL COSt'~ ' "' 'c~ie$ of bid/estimates as available ~re after-'had. 13 houri $3,748 $947 $3,154 $3O0 $8,148 $3,885 $750 $740 $150 $400 $6~105 $161lil prepared by The ORJCOM Group