CC - Item 3K - Professional Services Agreement: AB939 Compliance Reporting•
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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
Tul?ni irW ?nnR-nc
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: (ICC51f"
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City Council Meeting
November 28, 2006
Paae 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 ork
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 II - 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.
ARTICLE III - Method of Payment
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CONSULTANT shall be compensated upon invoice. shales submit
expenses shall be reimbursed upon receipt of an
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
io 0, 2009
The term of this Agreement shall be from July e 6 throng June
CONSULTANT shall commence work under this greem
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, Om
form (averaged with
utilize composition data from sampling programs in an aggregate
other data) for other research projects.
ARTICLE VIII - Termination
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This contract may be terminated at any time for breach and the CITY may
reduce the scope of services (and corresponding compensation) or terminate
unilaterally and without cause upon seto the wcont act notice
and prior to Nhe date of
All work satisfactorily performed pursuant
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 hereto, and approved by all shall be valid
necessary
unless made in writing, signed by the parties
parties.
ARTICLE XI - Non-Solicitation Clause
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
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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 - Indemni
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:
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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 actinsr under Agreement,
by CONSULTANT o Such
CONSULTANT or anyone directly o indirectly employed
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 erefor at CONSULTANT'S expense. or renew such breach of this Agreement or insurance, and pay any premiums t
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
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 financial nteh the
planning and carrying out of the program, shall have any persrest,
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 over independent contractor. Neither the CITY nor any of its agents shall have CONSULTANT's emp oyees~ex ~ept as
the conduct of the CONSULTANT or any of the or in a
y manner herein set forth. The CONSULTANT shall not an any nfner agentsnor employeerepresent
of the
that it or any of its agents.or employees are y
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 fohe employment between tCOp SUL wN h
by CITY and contains all the covenants and agreements
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 rother aagres fined or
bothmCent lTY Band
shall be effective unless executed in writing and
CONSULTANT.
ARTICLE XIX - NOTICES
llgas and
All Notices permitted or required under hisAparty's representative
shall be deemed made when delivered tot applicable
provided in this Agreement. Additionally, such notices may be given to the
addresses as the parties mayctive
parties at the following addresses, or at such other
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. maefirst-class postage prepaid, and
addressed to the party at its applicable add
CITY OF ROSEMEAD
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Attention: Don Wagner
CONSULTANT:
Eugene Tseng
E. Tseng and Associates
30023 West Rainbow Crest Drive
Agoura Hills, CA 91301
ARTICLE XX - Governing Law
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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
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT
E. Tseng and Associates
Eugene Tseng, President
ATTACHMENT #1
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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 I 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, e-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.
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ATTACHMENT #2
17.4
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
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AGREEMENT
THIS AGREEMENT is made and entered into effective as of the 1 st day of January,
2002, by and between the CITY OF ROSEMEAD, a Municipal corporation, hereinafter referred
to as CITY, and E.TSENG AND ASSOCIATES, hereinafter referred to as CONSULTANT.
NAI I T N E S S E T H:
For and in consideration of the premises and of the mutual covenants and agreements herein
contained, said parties hereby agree as follows:
1. RECITALS. This Agreement is made and entered into with respect to the
following facts:
A. That CONSULTANT has experience with solid waste management issues because
of his role as a former consultant to the California Integrated Waste Management
Board, because of his role as an instructor in solid waste management with the
University of California Los Angeles Extension Program, and because of his role
as a consultant involved with waste management and landfill projects.
B. That CONSULTANT has worked with a variety of state, federal and local
governmental entities on waste management issues.
C. That CONSULTANT is qualified to facilitate the CITY objective of attaining its
50% disposal diversion requirement; and therefore, the City Council has elected to
engage the services of CONSULTANT upon the terns and conditions hereinafter
set forth.
2. SERVICES. CONSULTANT shall perform those services necessary for the
CITY to successfully meet its state-mandated 50% disposal diversion requirement.
3 . SCOPE. The services to be performed by CONSULTANT under this Agreement
shall include, those services specified in Attaclunent A - Waste Reduction and Recycling
Program Workplan.
4. FEE. Compensation to CONSULTANT for the total services to be rendered
pursuant to this Agreement shall be accordance with the fee schedule contained in Attaclunent A.
5. EXTRA SERVICES. No extra services shall be rendered by CONSULTANT
under this Agreement unless such extra services first shall have been authorized in writing by the
CITY.
6. PAYMENT BY CITY. The billings for all services rendered pursuant to this
Agreement shall be submitted with accompanying task, deliverables and hourly rate detail
and shall be paid by CITY within twenty (20) days after receipt of same.
7. CITY SUPERVISION. The City Manager of CITY, or his designee, shall have
the right of general supervision of all work performed by CONSULTANT and shall be the
CITY's agent with respect to obtaining CONSULTANT's compliance hereunder. No payment
for any services rendered under this Agreement shall be made without the prior approval of the
City Manager, or his designee.
8. TERM. The term of this AGREEMENT shall be for a period of three (3) years
commencing on January 1, 2002 to and including December 31, 2004, with two (2) single year
options to extend.
9. TERMINATION OF AGREEMENT. The CITY or CONSULTANT shall have
the right to terminate this Agreement upon thirty (30) days written notice of such termination to
the other party. In the event of such termination, the City Manager, or his designee, based upon
work accomplished by CONSULTANT prior to notice of such termination shall determine the
amount of fees to be paid to CONSULTANT for such services and such finding by the CITY
Manager, or his designee, and approved by the City Council shall be final and conclusive as to
the amount of such fee.
10. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an
independent contractor in the performance of the services provided for in this Agreement and
shall furnish such services in CONSULTANT's own manner and method and in no respect shall
CONSULTANT be considered an anent or employee of the CITY.
11. NONASSIGNMENT. This Agreement is not assignable either in whole or in
part by CONSULTANT without the written consent of CITY.
12. INDEMNIFICATION. CONSULTANT hereby agrees to and shall hold CITY,
its elective and appointive boards, officers, agents and employees, harn-iless from any liability for
damage or claims for damage for personal injury, including death, as well as from claims for
property damage which may arise from CONSULTANT's negligent acts under this Agreement.
CONSULTANT agrees to, and shall defend CITY and its elective and appointive boards,
officers, agents and employees from any suits or actions at law or in equity for damages caused,
or alleged to have been caused, by reason of any of the aforesaid negligent acts.
13. EQUAL OPPORTUNITY CLAUSE. CONSULTANT shall not discriminate
in its recruiting, hiring, promotion, demotion or termination practices on the basis of race,
religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance
of this Agreement and shall comply with the provisions of the State Fair Employment Act as set
forth in Part 4.5 of Division 2 of the California Labor Code; the Federal Civil Rights Act of
1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246;
and all administrative rules and regulations issued pursuant to such acts and order.
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14. UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to
comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101,
et §_g.), as amended; and, in connection therewith, shall not employ unauthorized aliens as
defined therein. Should CONSULTANT so employ such unauthorized aliens for the
performance of work and/or services covered by this Agreement, and should the Federal
Govenunent impose sanctions against the CITY for such use of unauthorized aliens,
CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions
imposed, together with any and all costs, including attorney's fees, incurred by the CITY in
co►ulection therewith.
15. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this
Agreement shall constitute waiver of any other term, condition or covenant hereof.
16. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret
the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an
award of reasonable attorney's fees, in addition to any other relief to which it may be entitled.
17. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties hereto.
18. PROVISIONS, CUMULATIVE. The provisions of this Agreement are
cumulative and in addition to any not in limitation of any rights or remedies available to CITY.
19. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that
the terms and provisions of this Agreement have been negotiated and discussed between the
parties and their attorneys, and this Agreement reflects their mutual agreement regarding the
same. Because of the nature of such negotiations and discussions it would be inappropriate to
deem any party to be the drafter of this Agreement; and, therefore, no presumption for or against
validity or as to any interpretation hereof, based upon the identity of the drafter, shall be
applicable in interpreting or enforcing this Agreement.
20. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each
other party as follows:
(a) That each party either had the assistance of counsel or had counsel available to it,
in the negotiation for, and execution of, this Agreement, and all related documents; and,
(b) That each party has lawfully authorized the execution of this Agreement.
21. MODIFICATION. This Agreement shall not be modified except by written
agreement of the parties.
22. GOVERNING LAW. This Agreement shall be interpreted and construed
according to the laws of the State of California.
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23. EFFECTIVE DATE AND EXECUTION. This Agreement shall be effective
upon the date first above written. This Agreement may be executed in counterparts.
24. NOTICE. Whenever it shall be necessary for either party to serve notice on the
other regarding this Agreement, such notice may be furnished in writing by either party to the
other and shall be served by personal service as required in judicial proceedings or by certified
mail, postage prepaid, return receipt requested, addressed to the parties as follows:
CITY: Frank G. Tripepi, City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead CA 91770
CONSULTANT: Eugene Tseng
E. Tseng and Associates
30023 W. Rainbow Crest Dr.
Agoura Hills, CA 91301
25. FORCE MAJEURE. Neither party shall be responsible for delays or failures in
performance resulting from acts beyond the control of the offending party. Such acts shall
include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster,
nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, terrorist acts or
government statutes or regulations superimposed after the fact.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed effective on the date first above written by their respective officers duly authorized in
that behalf.
CITY OF ROSEMEAD, a Municipal
Corporation
by qa7JAYT. IMPERIAL, Mayor
ATTEST:
NANCY VALDERRAMA, City Clerk
APPROVED AS TO FORM:
•
E. TSENG AND ASSOCIATES
by
President
by
Secretary
City Attorney
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City of Rosemead
Memorandum
TO: THE HONORABLE MAYOR & CITY COUNCIL
FROM: OLIVER CHI, DEPUTY CITY MANAGER
DATE: DECEMBER 18, 2006
SUBJECT: ADDENDUM TO CITY COUNCIL AGENDA CONSENT ITEM 3K
It came to my attention this afternoon that staff overlooked an item for inclusion in the
City Council Agenda Packet for our meeting on December 19, 2006.
The City Council had previously requested that staff include the existing Professional
Services Agreement with E. Tseng & Associates for AB 939 compliance reporting and
diversion program planning services for review. While that contract was included in the
City Council packet under the Consent Agenda as Item K, we overlooked the inclusion
of an attachment to that prior agreement. Staff has since located the document and it is
included with this memorandum for your review. Many apologies for the inconvenience
that this may have caused, and please feel free to contact me if you should have any
questions.
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City of Rosemead
(Revision 1.04)
Waste Reduction and Recycling Program
Workplan
January 1, 2002- December 31, 2006
December 17, 2001
Prepared by
E. Tseng and Associates
30023 West Rainbow Crest Drive
Agoura Hills, CA 91301
818-889-8628
etsenu.0)aol.com
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City of Rosemead
Waste Reduction and Recycling Program Workplan
2002-2006
Introduction
This workplan outlines completed waste reduction and recycling activities as well as those
proposed for the City of Rosemead during the next year and beyond. The basis for the tasks is
derived from the 2000 new base year study and meetings with City officials, the City's
franchised waste hauler, Consolidated Disposal Services, and the City's consultant, Dr. Eugene
Tseng (E. Tseng and Associates). E. Tseng and Associates will also work with various
environmental non-profits (e.g., EcoTelesis, etc.) to complete the tasks.
I. UPDATE ON COMPLETED TASKS
2000 AB Annual Report and New Base Year Generation Study
E. Tseng and Associates (ETA) provided the City of Rosemead's new base year study and
technical outreach program during 2000-2001. On-site technical assistance visits were provided
to 200 Rosemead businesses. This included follow-up assistance as requested.
The 2000 AB 939 New Base Year Generation Study and Annual Report was completed in
December 2001. As a result of the California Integrated Waste Management Board (Board)
"moratorium" on all new base year generation studies, the City of Rosemead was not permitted
to submit their New Base Year Generation Study. The Board did not accept New Base Year
Studies until issues relating to "Diversion Measurement" were addressed and resolved.
Additionally, issues relating to statistical sampling, statistical extrapolation and the methodology
utilized for the measurement of source reduction/recycling described in the Diversion
Measurement Guide were also under review by the board. Some of those issues were resolved in
April 2001 and New Base Year Study for the City of Rosemead is due to the Board no later than
February 1, 2002.
The evolving changes in what the Board has allowed for diversion practices has affected the City
of Rosemead's New Base Year Generation and associated diversion rate. ETA calculated the
City's diversion rate based on disposal quantities reported by Counties that accepted waste from
the City. ETA also calculated the diversion rate based on the Boards default values. Diversion
rates were calculated using two approaches actual and statistical extrapolation. In both cases, the
City of Rosemead did not achieve the 50% diversion mandated by the Board.
ETA recommends that the City submit the new 1999 New Base Year Study. Dr. Tseng also
recommends that the City develop commercial diversion programs and request from the Board a
time extension (SB 1066 Extension Petition) for meeting the 50% diversion goal.
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ETA continues to coordinate and assist the Board in the development of methodology to
accurately depict the waste diversion in Los Angeles County.
II. PROPOSED SHORT RANGE TASKS
The following are tasks that must be accomplished in order to ensure compliance with AB 939
requirements in the ensuing years. January 1, 2002- December 31, 2006
Task 1. Prepare and Submit AB 939 Electronic Planning Annual Report Information
System (PARIS)
Review and update the CIWMB approved Source Reduction and Recycling Element programs.
Outdated programs and new programs will be documented on the Boards electronic PARIS. It is
essential that the City document all diversion efforts in terms of diversion program
implementation during the past years. The PARIS also provides the Board with a synopsis of
the City's future diversion programs.
40 hours
$ 2,800/year
Signature
Date
Task 2: Revise New Base Year Generation Study to Meet CIWMB's Revised
Requirements.
The base year. study completed for the year 1999 - 2000 has to be revised to meet the new
CIWMB documentation and statistical standards. Additional field studies must be conducted for
the base year study, and the statistical method of measurement has to be revised. Upon
completion and approval of the revised 1999 new base year study, the year 2000 diversion rate
can be calculated and submitted.
Data collected during the past two years for the Waste Reduction/Recycline, and Technical
Assistance program will be used to calculate the City's diversion rate and to prepare the City's
Annual Report for submittal to the California Integrated Waste Management Board.
Data and information collected during the waste reduction and recycling surveys will be used to
document education / outreach and technical assistance to the commercial and industrial sectors
of the City of Rosemead.
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Disposal and diversion data collected from landfills, waste haulers, City facility programs, and
recycling centers will be compiled to calculate the City's waste generation level.
The New Base Year Generation will reflect the recent CIWMB standards per the April 2001
Diversion Study Guide or revisions of the standards thereof. Any new standards issued by the
Board may entail simple and/ or complex revisions to recalculating the City's New Base Year
Generation. New standards my require addition field surveys and educational outreach (see Task
5).
Up to 260 hours
Not to exceed $ 16, 000/yr
Signature
Date
Task 3. City of Rosemead Recycling Resource Guide
Develop a customized recycling resource guide for businesses in the City of Rosemead. This
multi-page guide will be made available to businesses at no charge. PARIS Code 5010-PR-ED
(printed brochures, flyers, guides and news articles) indicates that this is a program selected and
implemented by the City since 1996. The recycling guide would meet requirements of this SRRE
program.
The proposed guide would be submitted to the City as an electronic file that can be printed by the
City. If the City chooses to have ETA print copies, actual printing costs and nominal overhead
fee will be charged to the City.
$ 3, 000 (English only. An additional language will require a revised estimate Spanish, additional
$1000: Cliinese translation approximately $1,700.)
Signature
Date
Task 4.1 Apply for SB 1066 Extension
If the City fails to meet the 50% diversion goal, ETA will apply for time extension to meet the
50% diversion goal. ETA will work with the City and hauler to develop a 3 to 5 Year waste
diversion plan to assist the City in meeting the 50% diversion goal. A monitoring plan must also
be developed to track the progress of the selected programs.
It is important to note that the City must meet the "Good Faith" component of "compliance" in
order to qualify for the time extension for the 50% diversion goal. ETA will assist the City to
demonstrate to the State its "Good Faith" efforts.
160 hours
• •
$ 11,200
Signature
Date
Task 4.2 Implementation of Waste Diversion Plan Programs
ETA will assist the City with the design and implementation of the most cost effective waste
diversion programs. This will include working with businesses and the haulers to implement
commercial sector, restaurant business and school waste diversion programs. ETA will also
offer suggestions on how to improve the existing residential sector (single and multifamily)
waste diversion program.
230 hours
Not to exceed $ 15, 0001year
Signature
Date
Task 4.3 Evaluation of Waste Diversion Plan & Report to State on Program Progress
ETA will monitor and evaluate the effectiveness of the diversion programs. ETA will also
prepare and submit all necessary reports to the Board to document waste diversion and "good
faith compliance"
154 hours
Not to exceed $10, 0001year
Signature
Date
Task 5: Waste Reduction and Recycling Technical Assistance to Local Business and
Residential Sector.
ETA will implement the City of Rosemead's technical outreach program. ETA will provide
waste diversion assistance to local businesses. Emphasis will be placed on development and
implementation of recycling programs in particular restaurant businesses. This should be aimed
at not only the large businesses but also the strip malls consisting of ten or more businesses at a
single location. ETA will be available to staff environmental booths at City Sponsored events
and make presentations to community groups as required by the City.
480 hours
$ 26, 400/per year
• •
Signature
Date
Task 6. Workshops with Professional Business Associations
The CIWMB encourages cities to take an active role in outreach programs. A connection must be
shown between the City and its diversion program outreach efforts. The CIWMB looks for this
nexus as an essential element in the evaluation of a jurisdiction's "Good Faith" compliance with
AB 939. Workshops will be arranged as requested for various professional organizations such as
Kiwanis, Rotary, and Chamber of Commerce. These may range from short thirty-minute
presentations to full-day hands-on workshops.
Time and materials. See labor rates below.
Signature
Date
Task 7. Meetings and Update Reports
Meet with City and provide City with project updates as requested.
Time and materials. See labor rates below.
Signature Date
Task 8. Monitor MRF Program
If the City chooses to process its waste through the franchised hauler's materials recovery facility
(MRF) in order to increase the diversion rate, ETA proposes to work with the City and hauler to
monitor / audit the diversion and disposal practices at the facility and provide feedback to the
City.
Time and materials. See labor rates below.
Signature
Date
6
• •
Task 9. Annual Report to Council
Prepare annual report to the City Council to update program status and estimated diversion rate.
Update will include presentation materials / handouts preparation and written/oral presentation.
Time and materials. See labor rates below. (Estimate of $1200 per year)
Signature
Date
• •
III. PROPOSED LONG RANGE TASKS
The following are tasks that will benefit the City and should ensure compliance with AB 939
requirements in the coming years.
January 2002 to December 2006
A. Develop a Construction and Demolition (C & D) Debris Recycling Ordinance (including
C & D, Buy Recycled Policy for School District)
B. Continue Business Technical Assistance
C. Facilitate Property Manager meetings with Hauler
D. Improve School Recycling Program
E. Expand multi-family recycling program
F. Develop Regional waste diversion forum
June 2006
Complete a new base year study to be submitted with the 2005 AB 939 Annual Report (if new
legislation is passed that requires this)
Cost Estimate
E. Tseng and Associates proposes to conduct the above scope of work on a time and materials
basis (for as long as the City requests our services). We will provide labor at the billing rates
indicated below. Expenses (travel, printing, etc.) will be billed at cost.
Labor Rates
Eugene Tseng (Principal) $125 per hour
Rosalind Yasui, Senior Project Manager $85 per hour
Phil Perkins, Project Manager II $80 per hour
Hazel Joanes, Project Manager $70 per hour
Recycling Specialist 1 $65 per hour
Thank you very much for considering our proposal to provide services to the City of Rosemead.
8
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This agreement is made and entered into effective the (date) of,<<~ , (month) 2002, by
and between the City of Rosemead and E. Tseng and Associates.
Dr. Eugene Tseng Frank G. Tripepi
President City Manager
E.Tseng and Associates City of Rosemead