Resolution No. 5792
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RESOLUTION NO. 5792
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND EMCON
ASSOCIATES TO PROVIDE CONSULTING SERVICES
FOR THE IMPLEMENTATION OF AB 939
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WHEREAS, the Integrated Waste Management Act of 1989
8 (A. B. 939) requires all cities and counties of California to
9 prepare a Source Reduction and Recycling Element (SRRE) which
10 provides for the recycling of twenty-five percent (25%) of the
11 waste stream by 1995 and fifty percent (50%) of the waste stream
12 by 2000; and
13 WHEREAS, the law requires that cities have their SRRE's
14 in place by July 1, 1991; and
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WHEREAS, the County Sanitation Districts have divided
16 the 86 cities in the County into several groups to develop a
17 unified response by cities to the requirements of A.B. 939; and
18 WHEREAS, other cities in the County have chosen to move
19 forward independently thus reducing the number of groups
20 participating in the County Sanitation Districts activity; and
21 WHEREAS, the unique nature of the City of Vernon is not
22 conducive to joining with other area cities in group preparation
23 of A. B. 939 requirements as proposed by the Sanitation
24 Districts; and
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WHEREAS,
in order to meet the requirements and
26 deadlines of A.B. 939, it will be necessary to secure the
27 services of a consultant with expertise in the area of
28 developing an Integrated Waste Management Plan; and
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WHEREAS, the firm of EMCON Associates has offered to
provide an effective approach for developing a workable waste
management plan, tailored to the specific needs of the City of
Vernon; and
WHEREAS, Norman Michiels, Director of Health and
Environmental Control, by letter dated July 11, 1990, has
recommended the retention of EMCON Associates to assist the City
of Vernon in implementing the requirements of A.B. 939.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF Vernon AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the city of Vernon
hereby approves the Contract a copy of which has been presented
to the City Council concurrently with this resolution and the
City Council hereby orders said Contract to be received and
filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The city Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
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ATTEST:
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BRUCE V.
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APPROVED AND ADOPTED this 7th day of August, 1990.
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MALKENHORST, ci ty Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5792 was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly
held on Tuesday, August 7, 1990, and thereafter duly signed by
the Mayor of the City of Vernon.
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BR CE V.
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City Clerk
(SEAL)
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EXECUTION COPY
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AGREEMENT FOR CONTRACTUAL SERVICES
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THIS AGREEMENT FOR CONTRACTUAL SERVICES is made and
entered into this ~ day of ~uSf , 1990
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THE CITY OF VERNON, a Municipal
corporation, hereinafter referred
to as "CITY",
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EM CON ASSOCIATES, (a California
corporation) hereinafter referred
to as "CONTRACTOR".
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WIT N E SSE T H:
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WHEREAS, the Integrated Waste Management Act of
16 1989(A.B. 939) requires all cities to prepare a Source Reduction
17 and Recycling Element (SRRE) which provides for the recycling of
18 twenty-five percent (25%) of the waste stream by 1995 and fifty
19 percent (50%) of the waste stream by 2000; and
20 WHEREAS, the law requires that cities have their SRRE's
21 in place by July 1, 1991; and
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WHEREAS,
in order to meet the requirements and
23 deadlines of A.B. 939, it will be necessary to secure the
24 services of a consul tant with expertise in the area of
25 developing an Integrated Waste Management Plan; and
26 WHEREAS Contractor has offered to provide an effective
27 approach for developing a workable waste management plan,
28 tailored to the specific needs of City;
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NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
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PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS
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MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
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1. SERVICES TO BE PROVIDED
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CONTRACTOR agrees to perform services for CITY as
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required, directed and specified by CITY's city Administrator
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pursuant to the Scope of Work attached hereto as Exhibit A.
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CONTRACTOR agrees to perform the services required
herein and as required by the Scope of Work in a diligent and
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professional manner and in compliance with all pertinent State
laws and regulations governing such services. (i.e., CAL-OSHA).
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2. BILLING RATES
A. Charges for work performed on the proj ect are
calculated and billed on the basis of the personnel
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classification level hourly rates shown below.
The hourly rates
are fully inclusive of fringe benefits, burden and fee.
Title
Hourly Rates
Executive Manager .
Technical Staff . . . . .
Technical Assistant . . . . . . .
Nontechnical . . . . . . . . . . . .
Drafting/CAD. . . . . . . . .
Word Processing (including equipment)
Reproduction/Printing . . . . . . . .
.$85 - 125
.$54 - 86
.$32 - 60
.$32 - 60
.$40 - 67
. . . .$47
.$32 - 45
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23 Travel Time shall be billed in accordance with the
above schedule, up to maximum 8 hours per day.
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B. OTHER DIRECT COSTS
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Charges for other direct costs are computed according
to the following schedule:
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1. Shipping and mailing charges for samples and
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documents by Federal Express mail;
2. FAX costs at the rate of $l.OO/page.
3. INVOICING AND PAYMENT
Invoices will be issued monthly itemizing billing
classification level categories worked and Other Direct Costs
incurred in the performance of the project. Payments shall be
sent to the address appearing on the invoice. All payments are
due within thirty (30) days of the date of receipt of the
invoice. Invoices not paid within thirty (30) shall be subject
to interest from the 31st day at the rate of 1.0% per month.
4. ESTIMATED COST
CONTRACTOR will perform the work and accomplish the
objectives defined within the estimated costs and schedule
proposed in the Scope of Work attached hereto as Exhibit A.
Estimated time, costs and schedule proposed are based on
CONTRACTOR's best judgment of the requirements known at the time
of the proposal. Successful completion within cost and schedule
limits can be influenced favorably or adversely by changes in
work scope and schedule as dictated by CITY needs and by
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presently unforeseen circumstances. CITY
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in advance if schedule or costs are expected to exceed the
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estimate. In such event, CITY may wish to (1) authorize
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additional funds to complete the work as originally defined, (2)
redefine the scope of work in order to fit the remaining funds,
or (3) request that work be stopped at a specific expenditure
level. If option 3 is chosen, CONTRACTOR will turn over all
work product, data, results and materials completed at the
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authorized level without further obligation or liability to
either party except for payment for work performed.
5. LIMITED WARRANTY
In performing the services, CONTRACTOR shall exercise
the degree of care and skill ordinarily exercised by members of
the waste management field engaged in providing services that
are similar in scope and nature to the project work, site
conditions, the time of performance, the location and other
related circumstances affecting the manner of performance of the
services. CONTRACTOR's liability for services performed or
provided shall be limited to $1,000,000. No other warranty,
whether expressed or implied, is made or intended for services
performed or provided. CITY assumes all responsibility for
CITY's decisions relating to its use(s) of the services provided
and reliance thereon. The remedies set forth in this paragraph
are exclusive.
6. INDEMNIFICATION OF PARTIES
Both CONTRACTOR and CITY agree to and hereby do hold
harmless and indemnify each other and their officers, directors,
employees, agents, and representatives from and against any and
all claims, damages, demands, costs and expenses, including
attorneys' fees, and other losses of any kind or nature
whatsoever relating in any manner to any and all personal
injuries, deaths, and/or property damage by whomsoever suffered
including, but not limited to the other party or its officers,
directors, employees, agents, or representatives arising out of,
resul ting from, or in any manner connected with any negl igent
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act or omission or any intentional misconduct by the other
party, its agents or employees under the services provided
hereunder.
7. CONSEQUENTIAL DAMAGES
Neither CONTRACTOR nor CITY will be liable to the other
for any direct, indirect, incidental, special or consequential
damages (including, but not limited to, loss of anticipated
profits, business interruption, good will or other economic
commercial loss) relating to the service rendered.
8. INSURANCE
CONTRACTOR maintains:
o Workers' compensation Insurance as required by
applicable State law;
o General Liability Insurance: Limit $1,000,000
9. DISPOSAL OF HAZARDOUS WASTE
Neither CITY nor CONTRACTOR shall be responsible for
the disposal of any hazardous waste found present in any waste
sorted by CONTRACTOR.
10. CONFIDENTIAL INFORMATION
CONTRACTOR shall not disclose to others any
confidential information furnished it by CITY in connection with
this project or the results of any of CONTRACTOR activities
unless approved by CITY. Any information which CITY intends to
be covered by this paragraph shall be clearly marked
"confidential". These restrictions shall not, however, apply to
information which (I) CONTRACTOR had in its possession prior to
disclosure by CITY, (II) becomes public knowledge through no
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fault of CONTRACTOR, (III) CONTRACTOR lawfully acquires from a
party not under an obI igation of confidential i ty to CITY.
Information obtained from this project in a manner that would be
identifiable with this project may not be disclosed and shall
remain confidential without the prior written consent of the
CITY. CONTRACTOR will not be subject to the confidentiality
clause in the event of litigation between CITY and CONTRACTOR if
such information is necessary for such litigation.
11. CONFLICT OF INTEREST DISCLOSURE
If CONTRACTOR discovers it has a contractual or
business relationship with any refuse haulers doing business
within the city of Vernon, CONTRACTOR shall disclose the
existence and nature of such relationship to CITY at the time of
discovery.
12. TERMINATION
This Agreement may be terminated by either party with
30 days written notice. Upon the presentation of such notice,
CONTRACTOR may continue to work through the date of termination.
Upon termination, CONTRACTOR shall be paid the value of all
consulting work performed less payments previously made.
Compensation for any work previously authorized and
satisfactorily performed shall be made at the times provided in
Section 3 entitled "Invoicing and PaYment."
All documents, data, surveys and reports prepared by
CONTRACTOR pursuant to this Agreement shall be considered the
property of the CITY and upon paYment for services performed by
CONTRACTOR, such documents and other identified materials shall
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be delivered to CITY by CONTRACTOR.
13. RELATIONSHIP OF PARTIES
CONTRACTOR will act solely as an independent contractor
of CITY and not as CITY's agent for any purpose. Under no
circumstances or conditions shall any agent, servant or employee
of CONTRACTOR be considered an employee of CITY. Neither
CONTRACTOR nor CITY may enter into any agreement or assume any
obligation for the other, and nothing herein may be construed to
establish any partnership, joint venture or principal-agent
relationship between CONTRACTOR and CITY.
14. FORCE MAJEURE
CONTRACTOR will have no liability for any failure to
perform or delay in performance due to any circumstances beyond
its reasonable control, including, but not limited to, strikes,
riots, wars, fire, flood, explosion, acts of nature, acts of
government, labor disputes, delays in transportation or
inability to obtain material or equipment. In the event of any
delay in performance due to any such circumstances, the time for
performance will be extended by a period of time necessary to
overcome the affect of such delay, and CITY will not be entitled
to refuse performance or otherwise be relieved of any
obligation.
15. ASSIGNMENT
The agreement to which these terms and conditions
relate and the rights and obligations hereunder may not be
assigned or otherwise transferred by CITY or CONTRACTOR without
prior written consent of both parties.
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16. ENTIRE AGREEMENT
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CITY's engagement of CONTRACTOR to perform work
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represents CITY's acceptance of the terms and conditions
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contained herein, which constitute the entire understanding
between CONTRACTOR and CITY and supersedes any previous
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communications, representations or agreements by either party,
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whether oral or written.
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17. SEVERABILITY
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If any of the provisions hereof are declared invalid
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under any applicable statute or rule of law, such provisions
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are, to that extent, deemed omitted, but all remaining terms and
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conditions will remain otherwise in effect.
18. APPLICABLE LAW
The agreement to which these terms and conditions
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relate shall be governed by and construed in accordance with the
laws of the State of California.
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19. NOTICES
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Notices and communications concerning this Agreement
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shall be sent to the following addresses:
CITY:
CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR/CITY CLERK
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
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CONTRACTOR:
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EMCON ASSOCIATES
140 CAMINO RUIZ
CAMARILLO, CA 93012
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IN WITNESS WHEREOF, the parties hereto have caused this
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agreement to be executed on the month, day and year first
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written above.
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CITY OF VERNON
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BY (r~ _~~~ -/' .
-~ . LEONIS C. MALBURG, ~r
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BRUCE V. MALKENHORST, City Clerk
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ATTEST:
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torney
EM CON ASSOCIATES
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Contractor
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EXHIBIT A
SCOPE OF WORK
A. Conduct Solid Waste Generation studY
l. Contractor shall conduct and prepare a Solid
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Waste Generation Study in accordanee- with Article V-
6.1 of the "Planning Guidelines for Preparing,
Revising, and Amending Countywide Integrated Waste
Management Plans." Said study may be conducted at
the point of generation (i.e., at selected business
sites).
2. CONTRACTOR's sampling methodology shall be -i-n- ~,jJ
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accordance with appendix 1 of the Guidelines cited
above. The weight and volume of materials sampled
shall be identified, as well as the source of
generation. CONTRACTOR shall tabulate and analyze
the data.
3. Solid waste sorters shall be hired, trained and
superv ised by CONTRACTOR.
Appropriate field
apparel for sorters shall be provided by
CONTRACTOR.
4. CONTRACTOR understands that CITY's Health and
Environmental Control Section will send letters to
all businesses within the CITY introducing
CONTRACTOR and the purpose of the study.
5. CONTRACTOR shall select the sampling locations
based primarily on Standard Industrial Codes (SIC)
or other pertinent data. If during data review, it
becomes apparent the waste stream does not vary
Exhibit A - 1
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significantly during the year, only one sampling
event will be conducted by CONTRACTOR.
B. Develop Source Reduction Component
Contractor shall develop a Source Reduction
Component and implementation schedule for CITY.
CONTRACTOR shall review the CITY's existing data on
source reduction being performed by both the public
and private sectors. This information, along with
the data from the waste generation study, shall be
used by CONTRACTOR to identify and evaluate
alternatives for a Source Reduction Program. The
alternatives shall include the following:
1. Rate structure modification;
2. Creation of economic incentives;
3. Technical assistance or instructional
and promotional alternatives;
4. Development of new regulatory programs;
5. Local government reduction programs.
C. Develop Recvclinq Component
Contractor shall develop a Recycling component and
implementation schedule for the SRRE. The SRRE
shall include:
1. Statement of program goals and market
development objectives, including
identification of target materials;
2. Description of the existing recycl ing
program(s), including present quantities
diverted;
Exhibit A - 2
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3. Evaluation of alternatives including:
source separation; drop-off recycling;
buyback recycling; manual and mechanical
separation methods; salvage at solid waste
faci,lities; and zoning requirements and
rate structures to encourage recycling;
4. Description of the selected program,
including end users or markets, and
quantities to be diverted by the program;
5. Implementation plan for the selected
program;
6. Monitoring and evaluation of the program's
effectiveness.
If feasible, CONTRACTOR shall also interview any
local recyclers who currently operate within CITY
in order to compile the following information:
1. Existing and planned operations;
2. Current quantities diverted, by type;
3. Current markets for diverted materials.
Contractor shall identify where there might be
additional or under-utilized local and regional
markets for secondary materials. CONTRACTOR shall
evaluate available markets, present and predicted
future demand for recyclable materials, required
packaging and quality criteria for each of the
identified markets, projected costs, and projected
revenues.
Exhibit A - 3
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CONTRACTOR shall use demographic and economic
information specific to CITY. CONTRACTOR shall
evaluate the potential for manual and mechanized
material recovery operations, local or regional
materials recovery facilities, source separation,
drop-off and buyback recycling centers, and salvage
operations.
CONTRACTOR shall develop program costs or ranges of
costs for each of the program alternatives.
CONTRACTOR shall use existing information from
diversion programs in other areas supplemented with
CITY financial, population, and employment data to
develop reasonable costs for each of the diversion
alternatives.
D. DeveloD ComDostinq ComDonent
CONTRACTOR shall develop a composting program and
implementation schedule that meets the needs of
CITY. Both windrow systems and in-vessel systems
will be evaluated for application to CITY's needs.
CONTRACTOR shall review these systems and consider
the following when selecting a composting system:
1. Space constraints;
2. Target materials;
3. Peak seasonal and total compostable
material quantities;
4. site impact considerations;
5. Cost constraints;
6. Time constraints;
Exhibit A - 4
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7. Product quality and marketability;
8. Existing and potential end markets or end
users.
Contractor shall identify compostable target
materials and evaluate the existing and potential
markets and the marketability of various compost
products. CONTRACTOR shall identify facility needs
for implementing a composting program.
CONTRACTOR shall identify existing local compost
market development activities including (1)
government procurement programs, (2) economic
development activities, and (3) consumer
incentives. CONTRACTOR shall study the possible
implementation of such measures if non currently
exist and identify additional methods to secure
necessary markets.
E. DeveloD S~ecial Wastes Proqram ComDonent
CONTRACTOR shall develop Special Waste Component to
describe existing waste handling and disposal
practices for special wastes, including, but not
limited to, tires, bulky goods, asbestos, and
sewage sludge that is not hazardous waste. This
component .shall identify current and proposed
programs to ensure the proper handling, reuse, and
long-term disposal of special wastes.
F. Household Hazardous Waste Com~onent
CONTRACTOR shall address the relationship between
the CITY and County of Los Angeles (LACO) in that
Exhibit A - 5
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LACO will develop and implement a regionalized
Household Hazardous Waste Collection and Disposal
Program.
G. Develop Public Education/Information component
CONTRACTOR shall develop a public
Education/Information Component addressing the
following:
1. statement of objectives~
2. Description of the existing educational
and information programs;
3. The identity of solid waste generators
that will be targeted in educational and
public information programs;
4. Discussion of program implementation
including methods to monitor achievement
of the objectives and establishment of a
monitoring and reporting schedule.
Contractor shall work with CITY staff to assess'the
advantages and disadvantages of various public
involvement approaches.
H. Develop Revenue Fundina Component
Once all components of CITY's preferred program
have been defined, CONTRACTOR shall estimate total
program costs. CITY staff shall provide CONTRACTOR
with existing and available information on the
current budget for solid waste management within
CITY limits.
Exhibit A - 6
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II.
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III.
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CONTRACTOR shall assess the feasibility of
municipal and private activity bonds to finance
various components of the program.
I. Develop Solid Waste Facility capacity Component
CONTRACTOR shall identify the sites currently used
for disposal by private haulers and include a needs
projection that estimates the additional disposal
capaci ty needed to accommodate anticipated sol id
waste generation for a 15-year period following
local adoption of the SRRE.
SCHEDULE
Contractor shall begin work within one (1) week of
the authorization to proceed. In accordance with
the AB 939 requirements, the SRRE will be completed
before July 1, 1991. As shown in the attached
Project Schedule, CONTRACTOR shall complete a Draft
Element by March 29, 1991. Following review of the
draft by CITY staff, CONTRACTOR shall modify the
document and submit the Final Element to CITY on or
before June 5, 1991.
ESTIMATED COST
Estimated cost for the preparation of the SRRE is
$88,500. This estimate includes provisions for
five meetings with CITY staff during the SRRE
preparation and approval process. The actual cost
of the work, (which will be conducted on a time-
and-materials basis) depends upon the quality and
availability of data regarding current waste
Exhibit A - 7
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generation practices and on the cooperation of CITY
staff and local businesses in preparing for and
conducting the waste generation study.
Exhibit A - 8
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PROJECT SCHEDULE
PROJECT TASK
YEEKS FROM PROJECT COMMENCEMEWT
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1. Conduct Yaste Generation Study
2. Develop Source Reduction Component
3. Develop Recycling Component
4. Develop Composting Component
5. Develop Special Yastes Component
6. Develop Household Hazardous Yastes
Component
7. Develop public Education Component
8. Develop Funding Component
9. Develop Solid Yaste Facility
Component
Deliverables
-Meetings
-Submit Draft Report
-Submit Final Report
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Notes
-Sampling p.riods may be adjusted based on review of existing data
-Assume maximum of five meetings
-Assume draft report to be submitted by March 29. 1991
-Assume one revision of draft plan; final draft to b. submitted by
June 5, 1991
Exhibit A - 9
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