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HomeMy WebLinkAbout1990-353 ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . , , RESOLUTION NO. '1{'- 3:i-3 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CITIES OF COLTON, FONTANA, GRAND TERRACE, HIGHLAND, LOMA LINDA, REDLANDS, RIALTO, YUCAIPA AND THE COUNTY OF SAN BERNARDINO RELATIVE TO A SOURCE REDUCTION AND RECYCLING PLANNING AGREEMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the city of San Bernardino is hereby authorized and directed to execute, on behalf of the said City a Memorandum of Understanding with the cities of Colton, Fontana, Grand Terrace, Highland, Linda, Lorna Redlands, Rialto, Yucaipa and the County of San Bernardino relative to a Source Reduction and Recycling Planning Agreement. A copy of said Memorandum of Understanding is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. The City shall not be obligated hereunder unless and until the Memorandum of Understanding is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3 . The authorization to execute the above referenced agreement is rescinded if the parties to the Memorandum of Understanding fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at 020eL day of at:Me~Jlj /J ({udLU..( / , 1990, by the following vote, meeting thereof, held on the to wit: 08/03/90 RESOLUTION IMPLEMENTING A MEMORANQUM OF UNDERSTANDING BETWEEN THE ~ITY OF SAN BERNARDINO AND THE. CITIES OF COLTON, FONTANA, GRAND TERRACE, HIGHLAND, LOMA LINDA, REDLANllS, RIALTO, YUCAIPA AND THE COUNTY OF SAN BERNARDINO RELATIVE TO A SOURCE REDUCTION AND RECYCLING PLANNING AGREEMENT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: ABSTAIN NAYS AYES t,/ ESTRADA v/ REILLY FLORES / MAUDSLEY v / MINOR POPE-LUDLAM v'" MILLER ~J'--LL ~L"'-'</"L<..v- City Clerk (j The foregoing resolution is hereby approved this .1..~.J. /~(~ f /:)990. . "J .' /' .. . &:/~ ~~//;0;4 . /j .. MayS'" ProTem / ci~y of San Bernard~ho , day of , Approved as to form and legal content: JAMES F. PENMAN City Attorney By: J~t !?~ U 08/03/90 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 SOURCE REDUCTION AND RECYCLING PLANNING AGREEMENT MEMORANDUM OF UNDERSTANDING This Agreement lS made and entered into as of the date set out below by and between the cities of COLTON, FONTANA, GRAND TERRACE, HIGHLAND, LOMA LINDA, REDLANDS, RIAL TO, SAN BERNARDINO, YUCAIPA, and the COUNTY OF SAN BERNARDINO, hereafter referred to as ties", all of whom shall be signatories to this Agreement. lIpar_ E!,-r;::itals WHEREAS the Californ1a Integrated Waste Management Act of 1989 (AB 9391, as amended, requires all Cities and Counties to 15 prepare and implement Source Reduction and Recycling Elements of 16 an Integrated Waste Management Plan; and 17 18 WHEREAS, the C1t1es of the East San Bernardino Valley togeth- 19 er w1th the County of San Bernardino, share a common interest 1n 20 the sound, env1ronmentally safe collection and disposal of solid 21 waste mater ia Is in the East Va Iley ar-ea; and 22 23 WHEREAS, the necessary studies and analyses required to 24 prepare the ,ndividual local agency plans for compliance with 25 Assembly Bill 939 can be performed more eff1ciently on a regional 26 basis, resulting in better coordinated planning and a lesser cost 27 to each of the part ies involved; and 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II WHEREAS, ~olid wa~te generated within the ~ignatory juri~dic- tlons is dIsposed of at County landfill~ and the fee charged by the County of San Bernardino Department of Solid Wa~te Management for landfill use includes an amount of $1.00 per ton to accomplish the mandates of AB 939; and WHEREAS, pursuant to Government Code Section 6?00 et. seq. , the parties possess in common the power to study, and die.cU55, recommend solid waste policie~, to expend exercise such common powers jointly; therefore and funds NOW, THEREFORE, the parties agree as follows: 1. Pur-pose Q.L...fulre~me'li: The purpose of thIS agreement IS to fund and obtain consult- ing services to study the present and future waste composItion and management practIces within the Cities and surrounding County areas for the purpose of developIng source reductIon and recycling elements pursuant to Public Resources Code Section 40000 et. seq. for each jurisdIction. 2. Reouest for Consu I tant ProQ.Qsa Is: a. An RFP has been prepared for ~uch consulting services and study descrIbing the substance, ~cope and depth of the work to be performed as well as qualifIcation for the consultant to be hired, in the form set out In ExhIbit A, attached and incorporated as if fully set forth here. 2 b. The RFP has been reviewed end the perties jointly deter- mIned modIfications to be made to the RFP. The perties determined 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to be used for the selection of the consultant end thE> process jointly selected the consultant to prepare the study. 3. Prepara1iQo of the Study: The consultant selected shall prepa,e a study to the specifi- cation set out In a Professional Services Contract (Exhibit B), to be entered into between the City of Rialto, acting on behalf of the participating agencies, end the Consultant. In determining the characterization of solid waste generated, and potentiel programs for management, the consultant and the parties shall solicit end address withIn the completed study input from those governmental agencies whose jurisdictIon includes solid waste matters, includ- ing but not limIted to, the CalIfornia Integrated Waste Management San Bernardino Environmental Health Services (LEA), the Solid Waste Advisory Task Force, effected Board, County special dis- trIcts, solid and liquid waste haulers and recyclers. The prepe- rat Ion of the study shall include preparation of Environmental ReView Documents. 4. Costs of the Study: The costs of this study and consultant services shall be that In the Agreement for Consulting Services attached forth set hereto as Exhibit B. 25 26 27 28 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ? Fundin9 of the St~: Costs of conducting th,s study and consulting services pursu- ant to th,s Agreement shall be funded from the San Bernardino County Solid Waste Enterprise Fund using revenue derived from the County landfill fee for AB 939 activities. The City of Redlands does not dispose of its municipal waste mt the County landfill and shall contribute a prorata share of 10% of the study cost. If money 15 required to fund the study prior to receipt of the County landfill fee, costs shall be allocated and based upon Department of Finance population. When landfill fees are received, partici- pating agencies will be reimbursed for funds advanced. In the event that the total project cost is less than the cost estimates, pursuant to Government Code Section 6?12, the City of Redlands shall be refunded any surplus of it's deposited prorata share. 6. Effect ,ve DatLand Term of Agreeme(1.!.: Th,s Agreement shall be effective as of the date it is signed by all parties and shall terminate two years from its effective date. The WIthdrawal of any party from this Agreement shall not terminate the Agreement. In the event that the County or a City discontinues its participation in this Agreement, it shall pay its fair share based upon Department of Finance population of all costs incurred up to that pOInt. 25 26 27 28 7. Cons'd-l.i51JlL Con U:.51c t Adm, n i s t rJl.t ion: A coord,nating committee consisting of one member from each jurisdict ion, chaired by the Rialto City Administrator, shall be 4 2 3 e~tabli~hed for the purpo~e of admini~tering the Con~ultant Con- tract a~ provIded in ExhIbit B. Each member juri5diction shall possess one voting right on all matters before the commIttee. The City Administrator of the City of Rialto had been 5elected as the 4 representative for the participating parties. He 5hall coordinate 5 6 7 provide to the Con5ultant information received from the and par- tIes and when nece55ary disseminate information or notlce5 to the 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prior written consent by the Chief Administrative Officer of jurisdiction and delegation. each all 8. Amendment/WaIver: This Agreement may be amended only in writing and signed by parties hereto. No waIver of any term or condition of the shall be considered a continuing waiver thereof. Thi5 Agreement Agreement prevent any of the signatory parties from does not entering into an agreement with the con~ultant provided that such party uses its own funding ~ource. It i~ under~tood that subse- quent agreements wIll not interfere with the progress of tasks set agreed The consultant has to the forth in thIs primary agreement. provide additional services to the participatIng Agencies at 25 same hourly wage rates indicated In Agreement wIth the City of Rialto. ProfessIonal Services the 26 27 28 ') 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT RE: SOURCE REDUCTION AND. RECYCLING PLANNING AGREEMENT IN WITNESS WHEREOF, this Agreement has been executed by the parties effective as of the date and year first above written. ATTEST: CITY OF SAN BERNARDINO, a Municipal corporation of State of California ~'~J,-L ~"f cit Clerk ' /l ./~ ~' / /~ ' . ....a: / ~fl Ma4'lr Pro 'fem . v ! / City of San Bernardino / ,,' Approved as to form and legal content: !~ es F. Penman y Attorney 6 EXHIBIT A 2 REQUEST FOR PROPOSALS 3 PREPARATION OF SOURCE REDUCTION AND RECYCLING ELEMENT PURSUANT TO AB 939 4 5 INTRODUCTION 6 Cities in the mid-valley region of San Bernardino County, namely the Cities of Colton, Fontana, Grand ,Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, and Yucaipa, as well as the unincorporated areas of San Bernardino County which lie within the mid-valley region, are soliciting proposals from professional and technical consulting firms with the expertise and resources to assist in the preparation of the Source Reduction and Recycling Element reqUired by AB 939, and in compliance with regulations imposed by the California Waste Management Board. Ten (10l pro- posals must be received at City of Rlalto City Hall, 150 South Palm Avenue, Rialto, California no later than 4:00 p.m. on Tues- day, June 12, 1990. Proposals received after this time will not be considered. 7 8 9 10 11 12 13 BACKGROUND 14 A Committee has been formed by the Cities of Colton, Fontana, Grand Terrace, Highland, Lorna Linda, Redlands, Rialto, San Bernar- dino and Yucaipa. The County of San BernardIno is interested In participating in as much as there are regions of unincorporated county which lie within the mid-valley region. This Committee has been formed for the purpose of planning a strategy to design and implement AB 939 requirements. It is the intent of the Committee to take advantage of any possible economies of scale that might arise through cooperative use of a single consultant to perform the waste characterization study and prepare the Source Reduction and Recycling Element as reqUired by state law. 15 16 17 18 19 20 SCOPE OF EFFORT 21 The preparation of each City's Source Reduction and Recycling Element can basically be separated in to two tasks: 22 TASK 1~ 1 Prepare the Source Reduction and Recycling Element in compliance with AB 939 and regulations of the California Integrated Waste Management Board for each participating Agency. As part of that activity the consultant should be prepared to complete all submission requirements and necessary documentation in order to complete the approval process. This will include representation at a minimum of 5 committee meetings during the preparation and approval process. After Committee approval, submission of the element to the State/County regulatory body must be completed by July 1, 1991. 23 24 25 26 27 28 1 TASK *2 Upon completion and approval of the plan, provide assIstance to Cities during program implementation or until a City can proceed independently. 2 3 Both of the~e tasks will involve working closely with the staffs of each respective City as well as the County of San Bernardino and the Solid Waste Task Force. While some elements are common to all city plans, preparatIon of the implementation plans must be taIlored to the need of each city as well as the unincorporated areas of San Bernardino County within the east valley regIon. Plans submitted should consider the possibility of working with local waste haulers of City SanitatIon Departments to assist with the waste characterization study. 4 5 6 7 8 CONTENTS OF THE SOURCE REDUCTION AND RECYCLING ELEMENT (TASK 11) 9 At a mInimum the Source inc lude a 11 the current quirements includIng, but Reduction and Recycling Element shall legislative and regulatory content re- not 1 imited to the following: 10 11 1. WASTE CHARACTERIZATION (Solid Waste Generation Study) A. Methodology to quantify two of the following three components for each jurIsdIction: quantIties generated, disposed, or diverted B. Vo 1 ume C. ~Ie i gh t O. Material type E. Source Generation (Residential, Commercial, Industrial, Governmental, Institutional, etc.) F. Seasons 12 13 14 15 16 17 2 . SOURCE REDUCTION A. Program and implementation schedule B. Target materials C. Methodology to determIne the amount and categories to be diverted O. Facility needs to implement reduction, recycling and composting elements E. Disposal rate evaluation 18 19 20 21 3. RECYCLING 22 A. Methodology for determIning current levels of recycling withIn each jurisdiction Program and implementation schedule Target Materials Methodology to determine the amount and categories to be recycled. Facility needs to implement recycling element Evaluation of alternative programs to achieve goals Methodology to identify and locate end-markets for recyclable materials 23 B. C. D. 24 25 E. F. G. 26 27 28 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 3 4 5 6 7 8 9 4. COMPOSTING A. Program and implementation ~chedule B. Target material~ C. Methodology to determine the amount and categories to be compo~ted D. Facility need~ to implement compo~ting element E. Methodology to increase the end market for compo~ted materia15 " . SOLID WASTE FACILITY CAPACITY A. Identification of all existing permitted landfill~ and tran~formation ~tations B. Capacity needs projection for 1" year period 6. EDUCATION AND PUBLIC INFORMATION A. Program and implementation ~chedule of the short, medium and long planning periods B. Selection of program alternatives C. Monitoring and evaluation 7. FUNDING A. Projected costs B. Projected revenue ~ources 8 . SPECIAL WASTES A. Asbestos B. Sewage sludge C. Ti res D. Bulk>' wastes 9. HOUSEHOLD HAZARDOUS WASTES A. Program and implementation schedule for diversion and disposal of household hazardous wastes B. Target materials C. Methodology to determine the amount and categories of household hazardou~ wastes D. Facility needs to implement household hazardous waste component~ E. Evaluation of alternative programs to achieve goals F. Identification and location of end-markets for recyclable household hazardous wastes PROGRAM IMPLEMENTATION (TASK #2) Until participating cities have the experience and resources to 24 proceed Independently, the consultant will be expected to provide assistance to each City which may include, but will not be limited 25 to, the fo Ilowing: 26 27 28 1- 2 . Update the element pending additional regulatlon~ Provide assi~tance with ~election and procurement of equipment Meet as needed with each City's staff 3 . 3 2 3 4 4. Prov.de assistance with education and public information Develop training tools/timeline for each City to become independent in ability to implement program .,. PROPOSAL REQUIREMENTS 5 consultant shall include.n following information: proposal, a their at 6 Prospective minimum, the 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. A detailed outline of the proposed approach to accomplish the required tasks. 2 . One section of the proposal should be clearly identified as "Consultants Qualifications" and shall contain a written description of the consultant's experience and relat.ve qual.fications that will include, but are not limited to, the Consultants responses to the following: a. Name, title, and solid waste planning experience and qualif.cations of the consultant and all other staff who may be assigned to this proJect, includ.ng a list of any simIlar projects that the consultant has recently completed. b. Describe any relative past experience in the development of waste characterization assessment methodology including Quantitative Field Analysis, Materials Flow and use of combined methodology as well as program des.gn and implementation. 3. A descript.on of services to be rendered and ant.cipated time frame/schedule listing all specific work tasks, t.me required, and staff aSSIgned to each task. 4. A separate cost est.mate for Task *1 stated in a not-to- exceed f'gure based on actual time and materials required to complete the project and desired payment schedule (not less than 30 day billing cycles). Peripheral costs, such as printIng and appearances at additional meetings should be listed. Due to the open-ended nature of Task 12, the cost estImate should be based on the consultant's hourly fees. ? Copies of s.m.lar plans recently prepared by the firm. 6 . Proposals and final reports should be on paper with recycled content. 4 PRE-SUBMITTAL MEETING 2 Prior to ~ccepting propo~~l~, ~n inform~l meeting will be held with intere~ted firm~ in ~ttend~nce. The purpose of the meeting is to ~nswer any que~tion~ pert~ining to the project or the R. F. P. requirements. The ~cheduled time ~nd d~te of the meeting is 3: 00 p.m., Jun-e 0:;, 1990 ~t City of Ri~lto City H~ll, 10:;0 South P~lm Avenue, Ri~lto, C~liforni~. 3 4 5 6 SUBMISSION OF PROPOSALS 7 10 copies of the proposal ~hall be delivered no l~ter p.m., on June 12, 1990 to the following: than 4:00 8 9 Selection Committee c/o Michelle Bancroft, Administrative Assi~tant Ria 1 to C i t Y Ha 1 1 10:;0 South Palm Avenue Rialto, CA 92376 10 11 12 Potential consultants may contact the City of Rlalto's City Administrator's Office on any matters related to the project. 13 14 EVALUATION OF PROPOSALS 15 A selection committee shall review the propo~als. Each firm being considered may be evaluated, taking into account their location, reputation, experience, size, personnel available, quality of references, financial ~tanding, work load, ability to complete the project on ~chedule or other factor~ peculiar to the project. The selection committee may also consider the 50rt of 5ervices to be provided. At this time, the Selection Committee may ~elect the top consultant(s) for personal interviews. 16 17 18 19 The Selection proce~~ will be a~ follow~: 20 1. The Selection Committee will evaluate all consultant~, Interview a short list and make a final recommendation for selection. 21 22 2 . The firm recommended by the Selection Committee will be invited to discuss the project and negotiate compensation, terms, and conditions. 23 24 3 . If agreement is not reached, the negotiation~ Will be terminated and similar interviews will be conducted with the second firm. 25 26 4. After reaching successful negotiation~ with the selected Con~ultant, a contract shall be prepared and ~ubmitted to the Committee for approval. 27 28 0:; 2 All costs Incurred in the prep~r~tion of the propos~ls, the sub- mission of ~ddition~l inform~tion, ~nd/or in ~ny other espect of ~ propos~l prior to the ew~rd of ~ written contrect, will be borne by the respondent. The Committee will provide only staff assist- ance and will not be responsible for any other costs or obliga- tions of any kind which may be incurred by e respondent. All proposals shall become the property of the Committee. 3 4 5 INSURANCE REQUIREMENTS 6 The contract between the Committee and the consultent will contain provisions for indemnity and insurance a$ follows: 7 A. Indemnification and Insurence The Committee, its ~gents, officers, volunteers, and employees, shall not be liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person, caused by or result- Ing from any negligent acts, errors or omiSSions of the Consultant or the Consultant's agents, employees, or representatives, not including liability by reason of ects or omissions caused by the Committee, their agents, volun- teers or employees, any costs or expenses incurred by the COlnmlttee orl account of any claim therefore. 8 9 10 11 12 13 14 In order to accomplish the indemnification herein provided for, the Consultant shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: 15 16 1. Workers' Compensation Insurance within statutory limits. The Consultant shall require the carriers furnishing such insurance to waive all rights of subrogation ag~inst the Committee, its officers, employees, volunteers, contractors and subcontractors. 17 18 19 2. ComprehenSive General ~nd Automobile Liability Insurance, including contr~ctual liability coverage and including automobile, for owned and non-owned vehicles, with a combined single limit of not less than one million dollars ($1,000,000.00) for bodily injury and property damage and as necessary for the work, WIth the companies and form of policy or polI- cies subject to revIew and approval be the Committee. 20 21 22 23 24 3. The Consultant shall furnish certified copies of all policies and endorsements to the Committee evi- dencing the insurance coverage above prior to com- mencement of performance of services hereunder, and shall provide that such insurance shall not be termi- nated or expire except with ten (10) days prior writ- ten notice to the Committee and shall maIntain such Insurance from the time Consultant commences perform- ~nce of services hereunder until the completion of such services. 25 26 27 28 6 EXHIBIT B 2 3 AGREEMENT FOR CONSULTANT SERVICES RELATING TO PREPARATION OF SOURCE REDUCTION AND RECYCLING ELEMENTS PURSUANT TO AB 939 (PUBLIC RESOURCES CODE 40000 ET SEQ.) 4 5 6 7 8 THIS AGREEMENT IS made and entered into this day of 9 10 1990, by and between the City of Rialto acting as 11 an agent for the cities of Colton, Fontana, Grand Terrace, High- 12 land, Loma Linda, Redlands, Rialto, San Bernardino, Yucaipa and 13 the County of San Bernardino (collectively, the "Agenc iesll), 14 pursuant to that certain source reduction and recycling planning 15 agreement between the agencies, and EMCON Associates, hereinafter called lIConsultantu. 16 17 18 WITNESSETH: 19 20 WHEREAS, the Agencies have a need for the services of a 21 Consultant to prepare source reduction and recycling elements for 22 each jurisdiction pursuant to Public Resources Code 40000 et seq. 23 24 WHEREAS, the Consultant asserts that he is specially 25 trained, experIenced and competent to perform such services; 26 27 NOW THEREFORE, THE PARTIES DO AGREE AS FOLLOWS: 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. The Agencie5 hereby employ the Con5ultant to perform the Scope of Work a5 described in Attachment 1 for each partic.- pating Agency. 2. The Agencie5 shall compensate the Consultant in ac- cordance with C05t estimate prov.ded in Attachment 2 not to exceed a maximum amount of $183,000, with a contingency of 20%, over the term of this Agreement payable monthly, 30 days after receipt of an invoice for work completed. time 3. Where the payment terms provide for compensation on a and materials basis, the Consultant shall ma.ntain adequate records to permit inspection or aud.t of the Consultant'5 time and The Consultant shall make material charges under this agreement. The Consultant sha II such records available to the Agencies. ma.ntain and keep books and records on a current basis, recording all transactions perta.ning to this agreement .n a form in accord- ance w.th generally acceptable accounting pr.nciples. Said books and records shall be made available to the Agencies, the State of Californ.a, and the Federal Government, and to any author.zed representative thereof for purposes of audit at a II reasonable All such books and records shall be retained t.mes and places. for such per.ods of time as requ.red by law, provided, however, 26 27 28 term of thiS at least three years after the expiration of the ~greement. 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The Consultant ~hall commence work upon receipt of wr.tten direction to proceed from the Contract Admini~trator. ? The Agencie~ and the Con~ultant agree that the ~ched- ule de~cribed in Attachment 3 represents the.r best estimates with respect to completion dates and both Consultant and Agencies acknowledge that departures from the ~chedule may occur except for the following dates which shall be met: .. The Preliminary Drafts of the Source Reduction and Recycling Element for each participating jurisdiction will be subm.tted to participating Agencies no later than March 1, 1991. ... Preliminary Final Drafts will be presented to the AB 939 Task Force at its Apr.l 1991 Meeting for its review. iii. The approved Final Drafts will be submitted to rev.ew.ng Agencies w.thin San Bernardino County government no later than July 1, 1991. .v. CEQA requirements will be completed within the time- frame set by the IMWB*so that no fines are incurred by the partic- ipat.ng agencies. (*California Integrated Waste Management Board) the Consultant and Agencies will use responsible efforts to Both notify one another of changes to the schedule. 6. The term of this Agreement is for a two-year period and may be extended on a month to month basi~ for a maximum of twelve (12) additional months upon the express written consent of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 the Consultant to such extension and the approval thereof by the Agencies. Either party may terminate this agreement for any reason upon thirty (30) days written notice to the other. The written notice shall specify the date of termination and the rea50ns for terminat ion. Upon receipt of such notice, the Con- sultant may continue work on the Project through the date of work termination. The Agencies shall pay the Consultant for all performed before the date of termination within thirty (30) of the date of termination. days The Consultant, in performing serVices under this 7. Agreement, shall not be considered as an employee of any City for any purpose, but for all intents and purposes shall be considered 6S an independent contractor. The Consultant may also retain or for the services of other necessary consultants with subcontract the approval of the Agencies. Payment for such services shall the responsibility of the Consultant. be 18 19 8. An Agency representative shall be designated by the 20 Agencies and a Consultant representative shall be designated by 21 the Consultant. The Agency representative shall be the primary 22 contact person for each party regarding performance of the agree- 23 ment. The Agency representative shall cooperate with the Consult- 24 ant and the Consultant representative shall cooperate with the 25 Agencies In all matters regarding this agreement and in such a 26 manner as wi 11 result In the performance of the work in a timely 27 and expeditious manner. 28 4 2 CITY REPRESENTAT .lVE. CONSULTANT REPRESENTATIVE 3 City Admini~trator City of Rialto 150 S. Palm Ave. Rialto, CA 92476 Micheel Dean, P. E. EMCON A~~ociete~ 140 Cemino Ruiz Camarillo, CA 9'012 4 5 6 The Consultant shall employ no Agency Official 9. or 7 In the work performed pursuant to this agreement. No employee 8 officer or employee in the Agencies shall have any financial 9 interest In this agreement in violation of California Government 10 Code Sections 1090 and following; nor shall the Agencies violate 11 any provision of their Conflict of Interest Code adopted pursuant 12 to the provisions of California Government Code Section 87'00 and 13 following. No Resident Commissioner in the City of Rialto shall be 14 admitted to share any part of this agreement or any benefit which 15 may arise from the same. 16 17 10. The Consultant agrees to defend, indemnify, save and 18 19 hold Agencies, its officers, agents and employees harmless from 20 any claim or SUitS that may be brought by third persons on account 21 of personal injury, death, or damage to property, or property of 22 business or personal injuries, arising from any negligent act or 23 omiSSion by the Consultant while performing service under this 24 Ag reemen t . 25 11. Liability Insurance: 26 In order to accomplish the indemnification herein 27 provided for but without limiting the indemnification, the Con- 28 ? ,- 1 sultant shall secure and maintain throughout the term of the con- 2 tract the following types of insurance with limits as shown: 3 4 A. Worker's Compensation - A program of Worker's Compensation Insurance or a state-approved self insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability wIth $270,000 limits, covering all persons providing services on behalf of the Consultant and all risks to such persons under this agreement. 5 6 7 8 B. Comp rehens i ve Gene ra-LAnd Au t omoblle L i ab i lit Y I nsu rance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). 9 10 11 C. Errors and Omissibilijy LiabIlity Insurance - With single lImits of one million ($1,000,000) for bodily injury and property damage. 12 13 The Consultant shall immediately furnish certificates of insurance 14 and within sixty (60) days provide certified copies of endorse- 15 the insurance coverage to the City of Rialto evidencing ments 16 above required prIor to the commencement of performance of serv- 17 ices hereunder. Such insurance shall not be termInated or expire 18 without thIrty (30) days written notice to the City of Rialto and 19 Consultant shall maIntaIn such insurance from the time Consultant 20 commences performance of service hereunder untIl the completion of 21 5uch 5erVlces. 22 WIth respect to the insurance coverage ~bove re- All policies, 23 except for the Worker's Compensation insurance coverage quired, 24 and errors and omissions liability insurance shall obtain addi- 25 endo rsemen t s nam i ng the Agenc i es, the i r emp I oyees, agen t s, t ione I 26 volunteers, and officers es edditional named insured with respect 27 to liabilities arising out of the performance of services hereun- 28 de r . 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Consultant shall require the carriers of the above required The coverage (except errors and omIssions and automobile policies) to weve all rights of subrogation against the Agencies, their offi- cers, volunteers, employees, contractors and subcontractors. All policies required above are to be primary and noncontributing wIth any insurance of self-insurance programs carried or adminis- tered by the Agencies. The Consultant shall use reasonable care and d i 1 i- 12. gence to comply with applicable federal, state, and local laws the performance of work under thi5 agreement. In 13. The Consultant will comply with the provisions of the Worker's Compensation and Insurance Law of the State of Califor- n18. 14. During the performance of thIS agreement, the Con- will not discriminate against any employee or applicant national sultant for employment because of race, relIgIon, creed, color, origin, 56X or age. Such action shall include, but not be limited to the follOWIng: employment, upgradIng, demotion, or transfer; recruitment advertising; layoff or termination; recruitment or rates of payor other forms of compensation; and selecting for including apprenticeship. The Consultant will ensure 25 training" 26 27 28 consideration for applicants will all qua 1 if ied that recelve employment WIthout regard to race, color, religion, sex or nation- 7 III origin. 2 3 All notices to be given pursuant to this Agreement 1'5. 4 shllll be deposited with the Untied Stlltes Postlll Services postllge 5 prepllid Ilnd Ilddressed IlS follows: 6 7 Agency: Consu I tllnt: 8 City Administrlltor City of Rialto 1'50 S. Palm Avenue Rilllto, CA 92476 EMCON Associates 140 CIlmino Ruiz Camarillo, CA 93012 9 10 11 Nothing in thiS paragrllph shall be construed to prevent the giVing 12 of notice by personal service. 13 14 16. All plans, specifications, reports Ilnd other documents 15 prepared by the Consultant pursuant to this Ilgreement shall become 16 The Agencies are entitled to full the property of the Agencies. 17 use of such plans, specifications, reports and other documents for 18 The Agencies may IlIso retain the originlll of the this Project. 19 The Agencies Ilcknowledge Ilnd Ilgree that documents upon request. 20 all plans, specificlltions, reports and other documents prepared by 21 the Consultant pursuant to this Ilgreement shall be used exclusive- 22 Iy on this Project and shall not be used for any other work with- 23 the In the written consent of the Consultant. the event out 24 Agencies and the Consultant permit the reuse or other use of the 25 specificlltions, reports or other documents, the Agencies plllns, 26 shall reqUire the party using them to eliminate any and all refer- 27 to the Consultant from the plans, specifications, reports encee:. 28 and other documents. The Consultant may not apply for copyrights 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By: or patent~ on all or any part of the work performed under thi~ agreement. Reu~e ~hall be at the ~ole ri~k of the party reu~lng ~uch plan~, ~pecification~, report~, and other document~ and the Agencie~ hold Con~ultant harmle~~ from liability ari~ing out of ~uch reuse by other~. 17. This document contain~ the entire agreement between the parties. Thi~ agreement may be modified or amended only by a subsequent written agreement ~igned by both parties. The laws of the State of California shall govern the 18. ,I rights, obligations, duties and liabilities of the parties to this agreement and shall also govern the interpretation of the agree- ment. the parties have caused their authorized IN WITNESS WHEREOF, to execute this agreement on this day of representative , 1990. CITY OF RIALTO By: CONSLlLTANT 26 27 28 9 15 region of unincorporated county area included within the east 16 valley region. The tasks and subtasks, described below, outline 17 the work to be undertaken to complete the project. 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ATTACHMENT 1 SCOPE OF WORK The work to be performed under this contract will consist of two major tasks. First EMCON will complete the necessary components of the SRRE consistent with AB 939, AB 1820, and the planning guidelines published in California Code of Regulations (CCR) Title 14. Upon completion and approval of the plan, EMCON will partici- pate In the second task by providing assistance to the Cities during program implementation. Reference to Cities in the follow- include the ing description of tasks and subsequent attachments cities of Colton, Fontana, Grand Terrace, Highland, Lorna Linda, San Bernardino, and Yucaipa as well as that Rlalto, Redlands, TASK 1 - Prepare Source Reduction and Recycling Elements The following ten sub tasks describe the work to be done complete the SRRE. to TASK 1-1 - Conduct Solid Waste Generation Study 25 EMCON will characterize the solid waste stream, (prepare a 26 solid waste generation study) consistent with AB 939 (as 27 amended by AS 1820). The focus of this task will be to deter- 28 10 1 mlne the composition, quantity, and source of solid waste 2 disposed of by the Cities. A solid waste diversion charac- 3 4 terization is also needed to complete the waste characteriza- t ion. 5 6 The ~ppro~ch is described below: The purpose of this 7 Gather and Evaluate Available Dat~. t~sk IS to gather relevant background data necessary to develop 8 appropriate sampling programs for each municipality in the 9 project 10 area, ~s well as the unincorporated portions of the county within the study area. EMCON will review information 11 provided by the Cities relevant to the ~rea's solid waste 12 13 collection and disposal system, and demographic data for each of the 14 juriedict ion5,. The inform..t ion required from the Cities may include, but are not necessarily limited to, the 15 following: 16 17 18 19 20 21 22 23 24 25 26 27 28 * One ye..r dispos..l site vehicle records * Hauler service areas, types and number of pick-up points, average quantities of waste, and route inform..tion * Census and demogr..phic data for each of the jurisdictions including number and type of residencee, commerciBl, indu5trial, or other f aC Iii ties se rved. * San Bernardino County General Plan * Population data, California Department of Finance * Employment data, California Dep..rtment of Employment Development * California Department of Commerce data * Local Cities published reports 11 1 2 Deve lop Was t e Q.u.posa I S~lD.9..- Me t hOQo logy In order to obtain results that reflect the solId waste dis- 3 4 posed In each jurisdiction, a standardized sampling program WIll be developed. The program is intended to adequately 5 6 sample the loads and represent the quantities, categories and 7 origins of wastes typically disposed. The information provided by the Cities during the first step 8 9 will be used to develop this sampling program. Subtasks to be 10 conducted include the following: 11 12 * Identify the population of solid waste generators (e.g., residential, commerCIal, industrial, other) 13 14 * Determine if stratification of the population is required 15 * Identify sample number and sample SIze 16 * Determine sample locations and schedule 17 * Preselect, to the extent possible, residential, commercial and industrial waste del ivery vehIcles for sampling 18 19 * Define fIeld procedures 20 21 * Coordinate sampling with the County, Cities, haulers, and disposal site operator 22 23 EMCON proposes to conduct the solid waste disposal characteri- 24 zatlon over a six-month period. The data gathered will be 25 used to project the quantitIes of wastes that will be disposed 26 of over the remaining six months of the year. 27 28 EMCON proposes to sample during two seasons: summe rand 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 winter. These seasons reflect fluctuations in yard waste disposal and student populations at local colleges and univer- sIties (if the latter is shown to be significant). These sampling periods will also allow sampling to begin immediate- ly, an important factor in meeting project deadlines. EMCON anticipates sampling for one full w~ek during each of these two sessions to account for waste quantity variations during the course of a week. The waste disposal characteristics of the remaIning six months of the year will be projected. Demographic data from each jurisdiction will be revi ewed to determine if there are any jurisdictions that can share solid waste composItion data. Develo~ste Diversion Samollng Methodology EMCON will review information in existing reports provided by the Cities regarding waste diversion. The avCl i lab Ie infor- mCltion shall be segregated by jurisdiction, if possible. A survey form will be developed for mailing by the Cities to request information from companies engaged in waste-diversion activities (e.g., recyclers, salvage yard operators). Sources 26 27 28 of recycled wastes will be requested from each contact so multiple counting by several jurisdictions can be aVOided. We anticipate the need to coordinate follow-up contacts through the appropriate jurisdiction In order to gClln additional information. The information obtained from this survey will be reviewed, by jurisdiction, for its usefulness. 25 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conduct Disposal Sa~ling Program EMCON will collect the required samples into the eight waste categories and the appropriate number of waste types for each jurisdiction. The weight and volume of sampled material will be identified, as well as the source of the sample. EMCON will use a mobile conveyor belt unit with eight sorting stations for the sorting process. Waste will remain segregat- ed by Jurisdiction before and during the waste sorting activi- ties. Conduct Diversion St~ Based on the results of the waste diversion survey, data may need to be developed to supplement the information that was obtained. For example, if there is an insufficient response from the survey for a particular diversion category, then sampling from the non respondents may be needed. In this task, field surveys may be conducted at random by selected location to get additional data to estimate the quantity and type of each diverted waste. Tabulate and Analyze Data The sampling data will by entered into a computer database for analysis. The sample mean and variability will be determined for each waste category and type, by jurisdiction. A 90 percent confidence limit will be set around the mean for each waste category and waste type identified. 14 ~------_.._--- I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 It may be necessary to adjust the data analysis include to 3 4 waste categories and waste types that are known to be in the 5 waste stream, but were overlooked in the random sampling proce- dure. Any potential adjustments will be discussed with the 6 7 appropriate jurisdiction before t~ey are completed. The stat ist ica I analysis of the data will be delivered to the 8 9 agencies on both traditional and computer media. Task 1-2 - Develop Source Reduction Component. EMCON will develop a source reduction component and implemen- tation schedule for the Cities. First EMCON wi II review the existing data provided by the Cities on source reduction being performed by both the public sectors. This information, along wi th the data from the waste characterization study, will be used to identify and evaluate alternatives for source reduc- tion programs. The alternatives will include the following: * RBte structure modificetion5 (option5 will be identified but a detailed rate structure analysis will not be performed) * Creation of economic incentives * Technical a5~i5tance to instructional and promotional alternatives * Development of new regulatory programs * Local government reduction programs The evaluation of source reduction alternatives will include effectiveness, flexibility, implementability, need for addi- 1'7 tlonal facilities, consistency with other plans and programs, 2 and estimated cost of implementation. Criteria for evaluating 3 4 target materials will Include durability, reusability, recy- 5 clablllty, and the waste stream composition. 6 Task 1-3 - Develop Recycling Component 7 EMCON Wl II develop recycling components and implementation 8 schedule for SRRE's which will include 9 * Statement of program goals and market development objectives including identification of target materials 10 11 * Description of the eXisting recycling program(s), including present quantities diverted 12 13 * Evaluation of alternatives including source separation, drop-off recycling, buy-back recycling, manual and mechanical separation methods, salvage at area landfills, and zoning requirements and rate structures to encourage recycling 14 15 16 17 * Description of the selected program for each City, including end users or markets, and quantities to be diverted by the program 18 19 Implementation plan for the selected program * 20 Monitoring and evaluation of the program's effectiveness * 21 22 EMCON will summarize information on waste quantities collected 23 and diverted by the Cities through the identified collection 24 and drop-off programs. EMCON will also randomly interview a 25 limited number of local recyclers who currently operate within 26 the area to compile the following information: 27 * Existing and planned operations 28 16 21 * Current quantities diverted by type 2 * Current markets for diverted materials 3 To evaluate the program alternatives mandated by AS 939, EMCON 4 will use demographic and economic information specific to each 5 of the Cities. Alternatives to be reviewed and evaluated 6 include local Or regional materials recovery facilitie5, 7 source separation, drop-off and buy-back recycling centers, 8 and salvage operations at the local landfills. 9 10 develop ranges of costs for each of the program EMCON will 11 We wi II use informat ion from the eXI5ting a 1 t ern a t i ve 5 . 12 diversion programs 5upplemented by additional f inane ial ,J 13 population, and employment data provided by each of the Cities 14 to develop conceptual level costs for each of the dlver5ion 15 alternatives. This information will be used in task 1-7. 16 17 Ta5k 1-4 - Develop Compo5ting Component 18 develop composting components for each of the EMCON will 19 Working with the Cities, EMCON will reView available Ci ties. 20 fo Ilowing, where for compostlng and consider the SY5tems appropriate, when evaluating those systems: 22 * Space constraints 23 * Target material5 24 25 * Peak seasonal and total compostable material quantities 26 * Site impact considerations 27 Product quality and marketability * 28 * Existing and potential end markets or end 17 user!io 2 3 EMCON will identify compostable target materials and evaluate 4 the existing and potential markets and the marketability for 5 various compost products. 6 7 compost market development I ist ex ist ing loca I E~1CON wi II 8 activities including (1) government procurement programs that 9 ident If ied by the Ci ties, (2 ) economic development are 10 activities, and (3) consumer incentives. 11 12 Task 1-~ - Develop Solid Waste Facility Capacity Component 13 this task EMCON Will identify the additional disposal In 14 capacity needed to accommodate anticipated solid waste genera- 15 adoption of the t ion for a l~-year period following local 16 SRRE. The needs projection will be based on the projected 17 aITIount of solid waste generatlon, diversion, transformation, 18 and exportation/importation. 19 20 Task 1-6 - Prepare Public Education/Information Component 21 EMCON wi II develop public education/information components 22 that addresses the following: 23 24 * Statement of objectives 25 * Description of the eXisting education and information programs 26 27 * The identity of solid waste generators that will be targeted in education and public information programs 28 18 * Discussion of program implementation including methods to monitor achievement of the objectives and establishment of a monitoring and reporting schedule 2 3 4 5 6 7 Task 1-7 - Prepare Revenue Funding Compo~ent 8 Once the components of the preferred programs have been de- 9 fined, EMCON will estimate total program costs for each of the 10 )urisdict ions. 11 12 Each of the jurisdictions will identify their alternative 13 sources of funds, including the funds for program planning, 14 development and implementation. EMCON wi II incorporate this 15 Information into the funding component. 16 17 Task 1-8 - Develop Special Waste Program Component 18 The special waste component will describe eXisting waste 19 handling and disposal practices for special wastes including, but not limited to, tires, bulky goods, a5be~to5, ~nd ~ew~ge 20 21 sludge that is not hazardous wB5te. This component of the SRRE will identify current and proposed programs to provide 22 for the proper handling, reuse and long-term disposal of 23 special wastes. 24 25 EMCON will use the existing San Bernardino County Solid Waste 26 Management Plan in order to describe the existing waste han- 27 dling and disposal practices for special wastes. We wi I I wo r k 28 19 . closely with the Cities to identify current end proposed 2 elternetives. 3 4 Tesk 1-9 - Develop Household Hezerdous Westes Component 5 EMCON will develop e household hazerdous westes (HHW) 6 nent that includes 7 * Description of current methods for HHW source reduction, recycling, collection, treatment and disposal 8 9 * Types and quantities of HHW reduced, recycled, collected, treated, or disposed of through existing programs 10 11 * Evaluation of HHW program elternatives 12 * Description of the selected program 13 * Implementation plan end schedule for the selected program 14 15 Tesk 1-10 - Develop Integretion Component 16 compo- The integretion component will explein how the verious other 17 18 components of the SRRE combine to achieve the 25 percent 19 50 percent goals mandated by AS 939. This component include 20 21 * A description of the hierarchy of selected integrated waste manegement practices to be implemented by the various jurisdictions within the Cities. 22 23 24 * An explanation of how the selected program maximizes the use of ell the evailable mandates 25 26 * An explanation of how the individual components total to achieve the diversion mandates 27 28 * An explanation of how priorities between components were determined 20 end wi 11 * A ~chedule for program implementation 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Attend Meeting~ Emcon i~ prepared to attend five meetings with the agencie~ For co~t e~timating to the review of the SRRE. related pur- to we have a~~umed a maximum of 40 hours for EMCON p05es, attend all five meetings. Prepare and Submit Report~ EMeON will ~ubmit 20 copies of the preliminary draft SRRE to the contract administrator for review and comment. The pre- liminary draft SRRE will be morllfied, if necessary, to address comments. Twenty coples of the final report will be prepared and warded to the contract administrator for distribution. for- TASK 2 - General Con~ulting Addltional meetings may arise over the cour~e of this project been identified at this time w EM CON wi 11 which have not technical input meetings and provide attend additional on These additional issues which may arise in the future. serv- lce~ will be provided, a~ needed, at the request of the con- tract administrator 25 26 27 28 TASK 3 - Prepare Environmental Document~ An initial study will be prepared to evaluate the need for 21 '. environment~l It i.. ant icipated that the re..ult.. document... 2 of the initial study will indicate that no ..ign.ficant impact.. 3 would re..ult from the programs recommended in the SRRE. Sa..ed 4 this assumption, a mitigated negative declaration will be on 5 prepared to address the need for CEQA compliance. 6 7 TASK 4 - Program Implementation 8 EMeON will provide assistance to the Cities during implementa- 9 the Integrated Waste Management Plan. Work on the t ion 0 f 10 following tasks is anticipated: 11 12 * Update the SRRE to reflect changing regulations 13 * ASSist with selection and procurement of equipment 14 * Meet (as necessary) with City staff 15 * Assist with education and public information 16 * Develop training tools to become independent Implement a program and timeline for each City in their ability to 17 18 19 The individual level of assistance provided to each entity may 20 vary and cannot be ..peclfically defined until the draft SRRE 21 is complete. Therefore, work to be completed under thi.. task 22 will need to be refined at the conclusion of task 1-10. 23 24 25 26 27 28 22 - '. , , . ATTACHMENT 2 2 COST ESTIMATE 3 4 The cost for this project 15 summarized below. Our estimate 5 estimated cost for the preparation of the SRRE is <Task 1) 6 7 $177,000. Funds under Task 2 will not ~e expended without pr10r written authorization from the contract administrator. The costs 8 9 associated with preparing the environmental documents <Task 3) 10 includes $7,000 for the preparation of initial studies and $1,000 for the preparation of a mitigated negative declaration. Scope 11 12 and costs for work under Task 4 will be negotiated with an adden- 13 dl~r;; (0 th lS agreement. 14 15 T: TA K: 16 17 1 Waste Generation Study SRRE Preparation $117,000 $ 60,000 18 2 Additional Services $ 37,000 19 3 Environmental Document . 6,000 20 T T 21 22 Note: An estimated dollar figure needs to be inserted for Task 2, which will not be expended without pr10r written authoriza- tion by the contract administrator. Th1s will allow a smooth transit10n from Task 1 to Task 2 with no time delay in obtaining approval from the 10 various entities. 23 24 25 26 27 28 23 . . 2 3 4 5 6 7 8 9 10 11 12 " 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. ., ~ . , . ATTACHMENT 3 SCHEDULE EMCON will begin work within 1 week of the written authorization to proceed. In accordance with the AS 939 requirements, the SRRE wIll be completed before July 1, 1991. We propose to complete the preliminary draft SRRE by March 1, 1991. The duration of the second phase of the proJect, Program Implementation, is contingent upon the needs of the Cities. the discretion of the Cities. The EIR process can also begin at 24