HomeMy WebLinkAbout1990-353
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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referenced agreement is rescinded if the parties to the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.
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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
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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
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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
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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
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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.
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b. The RFP has been reviewed end the perties jointly deter-
mIned modIfications to be made to the RFP. The perties determined
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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.
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? 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.
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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
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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
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representative for the participating parties. He 5hall coordinate
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provide to the Con5ultant information received from the
and
par-
tIes and when nece55ary disseminate information or notlce5 to the
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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
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same hourly wage rates indicated In
Agreement wIth the City of Rialto.
ProfessIonal
Services
the
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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
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EXHIBIT A
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REQUEST FOR PROPOSALS
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PREPARATION OF SOURCE REDUCTION AND RECYCLING ELEMENT
PURSUANT TO AB 939
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INTRODUCTION
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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.
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BACKGROUND
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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.
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SCOPE OF EFFORT
21 The preparation of each City's Source Reduction and Recycling
Element can basically be separated in to two tasks:
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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.
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1
TASK *2
Upon completion and approval of the plan, provide
assIstance to Cities during program implementation
or until a City can proceed independently.
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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.
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CONTENTS OF THE SOURCE REDUCTION AND RECYCLING ELEMENT (TASK 11)
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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:
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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
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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
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3. RECYCLING
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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
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B.
C.
D.
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E.
F.
G.
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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
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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
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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:
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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
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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
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consultant shall include.n
following information:
proposal,
a
their
at
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Prospective
minimum, the
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1.
A detailed outline of the proposed approach to accomplish
the required tasks.
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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.
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Copies of s.m.lar plans recently prepared by the firm.
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Proposals and final reports should be on paper with
recycled content.
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PRE-SUBMITTAL MEETING
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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~.
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SUBMISSION OF PROPOSALS
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10 copies of the proposal ~hall be delivered no l~ter
p.m., on June 12, 1990 to the following:
than 4:00
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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
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Potential consultants may contact the City of Rlalto's City
Administrator's Office on any matters related to the project.
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EVALUATION OF PROPOSALS
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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.
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The Selection proce~~ will be a~ follow~:
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1.
The Selection Committee will evaluate all consultant~,
Interview a short list and make a final recommendation for
selection.
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2 .
The firm recommended by the Selection Committee will be
invited to discuss the project and negotiate compensation,
terms, and conditions.
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3 .
If agreement is not reached, the negotiation~ Will be
terminated and similar interviews will be conducted with the
second firm.
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4.
After reaching successful negotiation~ with the selected
Con~ultant, a contract shall be prepared and ~ubmitted
to the Committee for approval.
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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.
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INSURANCE REQUIREMENTS
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The contract between the Committee and the consultent will contain
provisions for indemnity and insurance a$ follows:
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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.
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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:
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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.
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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.
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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.
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EXHIBIT B
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AGREEMENT FOR
CONSULTANT SERVICES RELATING TO
PREPARATION OF SOURCE REDUCTION AND
RECYCLING ELEMENTS
PURSUANT TO AB 939
(PUBLIC RESOURCES CODE 40000 ET SEQ.)
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THIS AGREEMENT IS made and entered into this
day of
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1990, by and between the City of Rialto acting as
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an agent for the cities of Colton, Fontana, Grand Terrace, High-
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land, Loma Linda, Redlands, Rialto, San Bernardino, Yucaipa and
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the County of San Bernardino (collectively,
the "Agenc iesll),
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pursuant
to that certain source reduction and recycling planning
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agreement between the agencies, and EMCON Associates, hereinafter
called lIConsultantu.
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WITNESSETH:
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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.
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WHEREAS,
the Consultant asserts that he
is specially
25 trained, experIenced and competent to perform such services;
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NOW THEREFORE, THE PARTIES DO AGREE AS FOLLOWS:
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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