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CC - Item 3M - Professional Services Agreement: AB 939 Complianace Reporting• • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: ANDREW C. LAZZARETTO, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: PROFESSIONAL SERVICES AGREEMENT: AB 939 COMPLIANCE REPORTING AND DIVERSION PROGRAM PLANNING AND IMPLEMENTATION SERVICES FOR FISCAL YEARS 2006-07 THROUGH 2008-09 SUMMARY Attached for your consideration is an agreement between the City and E. Tseng and Associates that will assist the City in complying with the solid waste diversion requirements of AB 939. This will be a renewal of an existing agreement that has been in effect since 2002. The consultant has worked for the City since 2000. Staff Recommendation Staff recommends that the City Council approve the attached agreement with E. Tseng and Associates for a period of three years. ANALYSIS The consultant has been working with the city for the previous six years. During that time they have assisted us in meeting the AB 939 reports/documentation required by the California Integrated Waste Management Board (CIWMB) annual reporting. In addition their staff attends the quarterly meetings of the Los Angeles Area Regional Agency (LARA). Essentially the consultant has operated as a staff person(s) since the current agreement has been in effect. As a member of LARA our regional diversion rate is over 50%. The attached agreement lists the tasks that the consultant will perform for us during the next several years. FINANCIAL REVIEW This year's budget for solid waste includes $40,000 for professional services. LEGAL REVIEW APPROVED FOR CITY COUNCIL AGENDA: &4""' • • City Council Meeting November 28, 2006 Page 2 of 2 The City Attorney has reviewed and approved the attached agreement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Donald Wagner Assistant City Manager Attachment A: Professional Services Agreement between the City of Rosemead and E. Tseng and Associates. • PROFESSIONAL SERVICES AGREEMENT AB 939 COMPLIANCE REPORTING AND DIVERSION PROGRAM PLANNING AND IMPLEMENTATION SERVICES FOR FISCAL YEARS 2006-2007 THROUGH 2008-2009 THIS AGREEMENT made and entered into this 1st day of July, 2006 at Rosemead, County of Los Angeles, State of California, by and between the CITY OF ROSEMEAD, a municipal corporation ("CITY"), and E. Tseng and Associates ("CONSULTANT"). RECITALS A. CITY desires to engage the services of CONSULTANT as an independent contractor to assist City in complying with the solid waste diversion requirements of AB 939. B. CONSULTANT is qualified and has the necessary experience and technical skills to provide the requested services hereinafter set forth. • NOW, THEREFORE, in consideration of the covenants, conditions, agreements, and stipulations herein expressed, the parties agree as follows: ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the scope of work attached as Exhibit A and incorporated herein by reference. ARTICLE 11 - Costs The CITY agrees to pay CONSULTANT for the performance of Tasks listed on Attachment #1 per fiscal year, for fiscal years 2006-2007, 2007-2008 and 2008-2009, based upon the Labor Rates show on Attachment #2. In addition, CITY agrees to reimburse CONSULTANT for its reasonable expenses incurred in the performance of the work (such as travel) approved in writing by CITY in advance, not to exceed $1000 per fiscal year. Total expenditure made under this contract shall not exceed the sum of $45,000 per year. No increase in fees will be allowed during the life of the Agreement. 0 ARTICLE III - Method of Payment 0 0 • CONSULTANT shall be compensated upon completion of work. Approved expenses shall be reimbursed upon receipt of an invoice. CONSULTANT shall submit to the CITY. ARTICLE IV - Subcontracting CONSULTANT shall not subcontract work under this Agreement without the express written consent of the CITY. It is mutually understood and acknowledged that CITY is entering into this Agreement with CONSULTANT in specific reliance on its professional qualifications. City hereby approves subcontracting with the University of California or other university Student Research Interns, instructors and other personnel from various local environmental 503(c)(3) non-profit organizations, to provide cost effective technical assistance and implementation labor services. ARTICLE V - Term The term of this Agreement shall be from July 1, 2006 through June 30, 2009. CONSULTANT shall commence work under this agreement upon execution of this agreement however, the CITY may adjust the commencement and completion dates of each Task as required by the circumstances. • ARTICLE VI - Accounting Records CONSULTANT shall maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT's California office during the term of this Agreement and thereafter for three years from the date of final payment. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. CONSULTANT shall treat all materials received from CITY as confidential. Notwithstanding the foregoing, CONSULTANT may utilize composition data from sampling programs in an aggregate form (averaged with other data) for other research projects. ARTICLE VIII - Termination 0 9 0 This contract may be terminated at any time for breach and the CITY may i reduce the scope of services (and corresponding compensation) or terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. ARTICLE XI - Non-Solicitation Clause i The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous i places, available to employees and applicants for employment, notices setting forth the • provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Indemnity CONSULTANT agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all • costs and expenses, including attorneys' fees and court costs incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the negligence or intentional tortuous acts of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XIV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XII - Indemnity , CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: 0 0 0 i. Automobile Liability Insurance with minimum coverages of • $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000. iii. Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. • E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT'S expense. ARTICLE XV - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVI - Conflicts of Interest 0 0 0 No member of the governing body of the CITY and no other officer, employee, or • agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVII - Independent Contractor The CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. ARTICLE XIII - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with • respect such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. ARTICLE XIX - NOTICES All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty- eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address, as follows: is CITY OF ROSEMEAD 0 0 • Attention: Don Wagner CONSULTANT: Eugene Tseng E. Tseng and Associates 30023 West Rainbow Crest Drive Agoura Hills, CA 91301 • ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF ROSEMEAD City Manager: City Manager, City of Rosemead CONSULTANT E. Tseng and Associates Eugene Tseng, President ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTACHMENT #1 • 7 Task 1. Prepare and complete required AB 939 reports/documentation required by • the California Integrated Waste Management Board (CIWMB) annual reporting. Attend meeting with CIWMB staff on behalf of the City of Rosemead. Task 2. Prepare and complete required AB 939 reports/documentation required by the Los Angeles Area Regional Agency (LARA) annual reporting to the California Integrated Waste Management Board (CIWMB), and attend LARA quarterly meetings. Work with LARA to utilize the automated AB 939 annual reporting database. Attend LARA meetings / workshops related to annual / biennial reporting and evaluation. Task 3. Assist City and prepare documentation for CIWMB's "Biennial Review" of City's AB 939 programs. Assist City to prepare and maintain its "AB 939 Documentation Binder". Attend meetings/hearings with City Staff before the CIWMB Board (in Sacramento, as required). Task 4. Implement the on-site business technical assistance program to provide waste reduction and recycling assistance to Rosemead businesses. Document audits and refer/coordinate the implementation of commercial recycling programs with the franchise hauler. Task 5. Organize and hold waste reduction and recycling workshops for the Chamber of Commerce, and other professional business organizations, and service organizations. Coordinate with city staff on implementation of workshops. is Task 6. Assist the City of Rosemead with the independent review of the calculations of the franchise hauler rate increase request. Assist City to review additional proposed services and proposed charges. Task 7. Assist the City of Rosemead with the implementation of AB 2176 (Large Venue / Special Events) requirements. Coordinate with LARA on reporting of AB 2176 activities. Task 8. Assist the City of Rosemead in tracking and documenting waste reduction and recycling practices for selected construction/demolition projects as required in the SB 1066 Extension. Task 9. Assist the City of Rosemead in evaluating the progress of the newly implemented residential curbside recycling, bulky item, a-waste programs. Work with the CIWMB on developing the evaluation factors / protocols as part of the program review. Task 10. Complete Environmental Justice (EJ) analysis on current City Programs, and include updated EJ analysis in the AB 939 documentation for biennial review. • 8 0 0 • C, ATTACHMENT #2 E. Tseng Principal Engr 1 Attorney $ 125 per hour Denis Keyes Statistician /Env. Justice Specialist $ 110 per hour Phil Perkins Project Manager $ 95 per hour David Oeffling Project Manager $ 95 per hour Karl Wong Senior Recycling Specialist $ 90 per hour Betsy Stoeven Senior Recycling Specialist $ 90 per hour Interns Research Interns $ 25 per hour 0 0 0 Task 1. Prepare and complete required AB 939 reports/documentation required by • the California Integrated Waste Management Board (CIWMB) annual reporting. Attend meeting with CIWMB staff on behalf of the City of Rosemead. Task 2. Prepare and complete required AB 939 reports/documentation required by the Los Angeles Area Regional Agency (LARA) annual reporting to the California Integrated Waste Management Board (CIWMB), and attend LARA quarterly meetings. Work with LARA to utilize the automated AB 939 annual reporting database. Attend LARA meetings / workshops related to annual / biennial reporting and evaluation. Task 3. Assist City and prepare documentation for CIWMB's "Biennial Review" of City's AB 939 programs. Assist City to prepare and maintain its "AB 939 Documentation Binder". Attend meetings/hearings with City Staff before the CIWMB Board (in Sacramento, as required). Task 4. Implement the on-site business technical assistance program to provide waste reduction and recycling assistance to Rosemead businesses. Document audits and refer/coordinate the implementation of commercial recycling programs with the franchise hauler. Task 5. Organize and hold waste reduction and recycling workshops for the Chamber of Commerce, and other professional business organizations, and service organizations. Coordinate with city staff on implementation of workshops. • Task 6. Assist the City of Rosemead with the independent review of the calculations of the franchise hauler rate increase request. Assist City to review additional proposed services and proposed charges. Task 7. Assist the City of Rosemead with the implementation of AB 2176 (Large Venue / Special Events) requirements. Coordinate with LARA on reporting of AB 2176 activities. • Task 8. Assist the City of Rosemead in tracking and documenting waste reduction and recycling practices for selected construction/demolition projects as required in the SB 1066 Extension. Task 9. Assist the City of Rosemead in evaluating the progress of the newly implemented residential curbside recycling, bulky item, a-waste programs. Work with the CIWMB on developing the evaluation factors / protocols as part of the program review. Task 10. Complete Environmental Justice (EJ) analysis on current City Programs, and include updated EJ analysis in the AB 939 documentation for biennial review. 8 9 0 J ATTACHMENT #2 E. Tseng Principal Engr / Attorney $ 125 per hour Denis Keyes Statistician /Env. Justice Specialist $ 110 per hour Phil Perkins Project Manager $ 95 per hour David Oeffling Project Manager $ 95 per hour Karl Wong Senior Recycling Specialist $ 90 per hour Betsy Stoeven Senior Recycling Specialist $ 90 per hour Interns Research Interns $ 25 per hour 0